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. 97740041 DANIELA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9774004 1/large) has been amended as follows:

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

With respect to the application refusal based on prior-filed pending application found under Serial No. 90907217, the applicant hereby submits a settlement/coexistence agreement reached with the applicant of such trademark application. In accordance with such agreement, the above mentioned prior-filed application would no longer be considered as a bar to registration of the applicant mark DANIELA, Serial No. 97740041. Therefore, Applicant respectfully requests that the refusal against this trademark application be lifted and the registration proceeding continues.

EVIDENCE
Evidence has been attached: Fully executed agreement between Splendid By Porvenir, LLC owner of the prior-filed application Serial no. 90907217 and applicants: ALPINE FRESH, INC. and BERRY FRESH LLC. owners of this application Serial no. 97740041
Original PDF file:
evi_187251241126-20230824 170923416620_._ement_DANI ELA_signed_by_Alpine_Fres h__Berry_Fresh___Splendid.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: BERRY FRESH, LLC., a limited liability company legally organized under the laws of Florida, having an address of
      P.O. BOX 5397
      LONG BEACH, California 90805
      United States
      Email Address: XXXX
      305-447-1617
      305-445-8484
Proposed:BERRY FRESH, LLC., a limited liability company legally organized under the laws of Florida, having an address of

      19640 S. Rancho Way
      Compton, California 90220
      United States
      Email Address: XXXX
      305-447-1617
      305-445-8484
Domiciled at: Not Provided

Applicant proposes to amend the following:
Current: Alpine Fresh, Inc., a limited liability company legally organized under the laws of Florida, having an address of
      9300 NW 58th Street
      Miami, Florida 33178
      United States
      Email Address: XXXX
      305-447-1617
      305-445-8484
Proposed:Alpine Fresh, Inc., a limited liability company legally organized under the laws of Florida, having an address of

      9300 NW 58th Street
      Miami, Florida 33178
      United States
      Email Address: XXXX
      305-447-1617
      305-445-8484

ADDITIONAL STATEMENTS
Miscellaneous Statement
Regarding your inquiries: "DANIELA" has not been used as a varietal or cultivar name."DANIELA" has not been used in connection with a plant patent, utility patent, or certificate for plant-variety protection.

Correspondence Information
      Christian Sanchelima, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sanchelima.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chris@sanchelima.com; jesus@sanchelima.com; legal@sanchelima.com

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: /Christian Sanchelima/     Date: 08/24/2023
Signatory's Name: Christian Sanchelima, Esq.
Signatory's Position: Attorney of record, Florida Bar member

Signatory's Phone Number: 305-447-1617 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:    Christian Sanchelima, Esq.
   SANCHELIMA & ASSOCIATES, P.A.
   
   235 SW LE JEUNE ROAD.
   MIAMI, Florida 33134
Mailing Address:    Christian Sanchelima, Esq.
   SANCHELIMA & ASSOCIATES, P.A.
   235 SW LE JEUNE ROAD.
   MIAMI, Florida 33134
        
Serial Number: 97740041
Internet Transmission Date: Thu Aug 24 17:33:24 ET 2023
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20230824173324
471960-97740041-850bbe9a74881093d8e36dee
3c94d347163bcbb763c4f66cb14c13f1c4fb02e6
2-N/A-N/A-20230824170923416620