Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/30/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 90037241 |
LAW OFFICE ASSIGNED | LAW OFFICE 128 |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | EL VIEJO LUIS |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
ADDITIONAL STATEMENTS SECTION | |
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) | The name(s), portrait(s), and/or signature(s) shown in the mark identifies JOSE LUIS HERNANDEZ, whose consent(s) to register is made of record. |
CONSENT FILE NAME(S) | |
ORIGINAL PDF FILE | consent-69195231227-16100 2532_._Consent_of_Living_ Individual_Jose_Luis_Hern andez.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\372\90037241\xml6\ ROA0002.JPG |
MISCELLANEOUS STATEMENT | Responsive to the COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION NONFINAL OFFICE ACTION dated October 20, 2020, Applicant responds as follows: NAME OF INDIVIDUAL - The trademark examining attorney is requiring Applicant to clarify for the record whether the name LUIS in the mark identifies a particular living individual. Applicant clarifies that the name LUIS does identifiy a particular living individual, JOSE LUIS HERNANDEZ, and makes the following statement for the record, "The name shown in the mark identifies a living individual whose consent to register is made of record". Applicant submits herewith a written Consent of Living Individual document personally signed and dated by Jose Luis Hernandez. CONCLUSION - Applicant believes this response satisfies the matter raised in the Office Action. Respectfully submitted, Robert M. Schwartz, Esq. |
CORRESPONDENCE INFORMATION (current) | |
NAME | ROBERT M. SCHWARTZ |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | trademark@patentmiami.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | HE1561.002e |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Robert M. Schwartz |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | trademark@patentmiami.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | HE1561.002e |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /robert m schwartz/ |
SIGNATORY'S NAME | Robert M. Schwartz |
SIGNATORY'S POSITION | Attorney of record, Florida bar member |
SIGNATORY'S PHONE NUMBER | 9549240707 |
DATE SIGNED | 10/20/2020 |
RESPONSE SIGNATURE | /robert m schwartz/ |
SIGNATORY'S NAME | Robert M. Schwartz |
SIGNATORY'S POSITION | Attorney of record, Florida Bar Member No. 304018 |
SIGNATORY'S PHONE NUMBER | 9549240707 |
DATE SIGNED | 10/20/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Oct 20 16:26:50 ET 2020 |
TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20201020162650086037-9003 7241-75077f5e669757b8ce67 1de8d9b4c416595a499959abe 5818e1abeab51a8c38-N/A-N/ A-20201020161002532208 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/30/2020) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.