Viva XXXII LLC

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

APPLICANT: Viva XXXII LLC
Trademark Attorney:
SERIAL NO.: 76/193,328 Michael P. Keating
Law Office 101
TRADEMARK: VIVA & Design

Response to Office Action dated June 8, 2016

In response to the Official Action dated June 8, 2016, Applicant hereby

responds as follows:

The Examiner has refused this application for three reasons:

1. Swatch Drawing — The subject matter of the application is a

“swatch” and thus may encompass more than one mark;

2. Identification of Goods — The identification of goods needs

clarification. The Applicant will agree to adopt the following identification of

goods:

Clothing, namely shirts, t-shirts, pants, sweaters, socks, dresses,
blouses, jackets, aprons, shorts, blazers, tops, ties, hats, caps, shoes
and boots in Class 25.

3. Advisory — The Examiner indicates that the mark may not

function as a trademark given it is a nondistinctive repeating pattern.

I. SWATCH DRAWING

The Applicant has applied for a single mark – which is represented by the

drawing set forth with this application. It is, in fact, a single mark which bears

a repeating pattern – much like the Applicant’s application for a similar image

set forth in serial no. 76/719,337. The image set forth in this application is
already destined to be a source identifier which consumers will recognize as

being that of the Applicant. The ‘337 application has been examined, approved

and published for opposition. The Applicant would similarly request approval

of this application as well.

II. ADVISORY

Since the Applicant’s Statement of Use has not yet been presented, this

Advisory should not be an issue at this time.

REMARKS

It is believed that the application is now in condition for allowance and

early publication and such action to that end is earnestly solicited.

Date: December 5, 2016 Respectfully submitted,

Viva XXXII LLC

___________________________________
Scott W. Petersen
Stephen J. Jeffries
Holland & Knight LLP
131 South Dearborn St., 30th Floor
Chicago, Illinois 60603
Telephone 312.263.3600
Direct Dial 312.578.6689
Fax 312.578.6666
[email protected]
Attorneys for Applicant

CERTIFICATE OF FILING

I hereby certify that on December 5, 2016, the Response to Office Action
dated June 8, 2016, is being filed electronically with the United State Patent &
Trademark Office.

__________________________________________
Scott W. Petersen, Attorneys for Applicant
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