Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90254329 AMAZON (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9025432 9/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Dear Examining Attorney Butler, The Applicant?s mark is not likely to be confused with the marks in U.S. Registration Nos. 2143628, 2934457, 3614296, 4714298, 4770712, 4853634, 4868593, 5032146, 5283643, 5357535. The Applicant?s mark is a highly stylized drawing / mark combination with foreign-Arabic text and a colorful and distinctive logo atop the foreign-Arabic text. The word ?Amazon? is also highly stylized with a drawing contained within the letter ?o? therein. The word ?Amazon? is not dominant enough to create a commercial impression, compared with the highly stylized drawing / mark combination with foreign-Arabic text that comprises 2/3 of the mark. The distinct differences in appearance, sound, connotation, and commercial impression compared with the registrations should prevent any likelihood of confusion. The only similarity that the Applicant?s mark has with the registered marks is in the use of the word ?AMAZON?. This word should not be dispositive since the word has become so ubiquitous over the past 20+ years. Moreover, it is a geographic term. The word portion ?AMAZON? should not be accorded greater weight since it is a generic geographic commonly used term. The greater impression upon consumers is the wordings and/or drawings aside from ?AMAZON?. The mark should be compared in their entireties. Please see my attached chart for comparison, as well as my description of the differences below. The registration 2143628 for ?AMAZON PEPPER? is in simple black block lettering. The registration 2934457 for ?AMAZON? with a drawing of a parrot conveys a completely different impression from the Applicant?s. The registration 3614296 for ?AMAZON ENERGY ? is in simple standard characters. The registration 4714298 for ?AMAZON HEALTH PRODUCTS ? is in simple standard characters. The registration 4770712 for ?AMAZON HEALTH PRODUCTS ? is in simple standard characters. The registration 4853634 for ?AMAZON? with a drawing of a parrot, in color conveys a completely different impression from the Applicant?s. The registration 4868593 for ?AMAZON SUPER LEAF ? is in simple standard characters. The registration 5032146 for ?AMAZON SUPERFOOD ? is in simple standard characters. The registration 5283643 for ?AMAZON? with a drawing of a parrot, in color conveys a completely different impression from the Applicant?s. The registration 5357535 for ?AMAZON SUPERFOODS ? is in simple standard characters. Therefore, it is unlikely that the goods sold under these registered marks would be attributed to the source associated with the Applicant. Very respectfully, Tony C. Hom, Esq.

EVIDENCE
Evidence has been attached: Comparison chart of applicant's mark against registrants' marks
Original PDF file:
evi_21210245109-202109221 23547525670_._Compare_the _marks_-_No_likelihood_of _confusion.pdf
Converted PDF file(s) ( 1 page) Evidence-1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: AL ATHEED GENERAL TRADING L.L.C, a limited liability company legally organized under the laws of United Arab Emirates, having an address of
      P.O. BOX 27142, DEIRA, AL-RASS,
      DUBAI, 27142
      United Arab Emirates
      Email Address: XXXX

Proposed: AL ATHEED GENERAL TRADING L.L.C, a limited liability company legally organized under the laws of United Arab Emirates, having an address of
      P.O. BOX 27142, DEIRA, AL-RASS,
      DUBAI, 27142
      United Arab Emirates
      Email Address: XXXX
      Domiciled at: XXXX

ADDITIONAL STATEMENTS
Color Claim
The color(s) black, gold and white is/are claimed as a feature of the mark.

Description of mark
The mark consists of the stylized wording "AMAZON" outlined in white and outlined in black. A design with crossed set of curled lines, gold on the left and black on the right appears above Arabic characters in shades of gold above the wording AMAZON. Two gold and white leaves in the form of a "V" appear both above the first Arabic character on the left and in the center of the "O" in AMAZON. The entire mark appears on a white background.

Transliterations
The non-Latin characters in the mark transliterate to AL-AMAZON and this means The Amazon in English.


Miscellaneous Statement
In reponse to the Requset For Information, please see below: 1. Do any of the identified goods originate from anywhere in South America? 2. Do any of the identified goods contain primary ingredients that originate from anywhere in South America? 3. What is the geographic origin of the coffee beans used to make applicant's coffee goods? 4. What is the geographic origin of the tea used to make applicant's tea goods? 5. What is the geographic origin of the fruit used to make applicant's fruit juices and beverages? ANSWER: Only the coffee products are from Brazil (South America). The tea is from Sri Lanka. All other products are from all over the world.

Original PDF file:
mis-21210245109-202109221 23547525670_._Full_Set_In v_130569-_U.S.A_Redacted.pdf
Converted PDF file(s) ( 18 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5Miscellaneous File6Miscellaneous File7Miscellaneous File8Miscellaneous File9Miscellaneous File10Miscellaneous File11Miscellaneous File12Miscellaneous File13Miscellaneous File14Miscellaneous File15Miscellaneous File16Miscellaneous File17Miscellaneous File18
Original PDF file:
mis-21210245109-202109221 23547525670_._Book__2020_ _1_a.pdf
Converted PDF file(s) ( 33 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5Miscellaneous File6Miscellaneous File7Miscellaneous File8Miscellaneous File9Miscellaneous File10Miscellaneous File11Miscellaneous File12Miscellaneous File13Miscellaneous File14Miscellaneous File15Miscellaneous File16Miscellaneous File17Miscellaneous File18Miscellaneous File19Miscellaneous File20Miscellaneous File21Miscellaneous File22Miscellaneous File23Miscellaneous File24Miscellaneous File25Miscellaneous File26Miscellaneous File27Miscellaneous File28Miscellaneous File29Miscellaneous File30Miscellaneous File31Miscellaneous File32Miscellaneous File33
Correspondence Information (current):
      TONY HOM
      PRIMARY EMAIL FOR CORRESPONDENCE: tonyhom1@outlook.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Tony Hom
      PRIMARY EMAIL FOR CORRESPONDENCE: tonyhom1@outlook.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /h/     Date: 09/22/2021
Signatory's Name: Tony C. Hom
Signatory's Position: attorney of record

Signatory's Phone Number: 19175880481 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    TONY HOM
   DAISY IP
   
   64 BANK ST.
   ABINGTON, Massachusetts 02351
Mailing Address:    Tony Hom
   DAISY IP
   64 BANK ST.
   ABINGTON, Massachusetts 02351
        
Serial Number: 90254329
Internet Transmission Date: Wed Sep 22 13:33:21 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202109221333217
34264-90254329-781a0f0ff187f8467aa4bbe8f
c1ad637e7854a816a74ec610fb4818c394adc660
90-N/A-N/A-20210922123547525670