PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

The table below presents the data as entered.

Input Field Entered
SERIAL NUMBER 77099522
LAW OFFICE
LAW OFFICE 111
ASSIGNED
MARK SECTION (no change)
ARGUMENT(S)
Applicant submits the following response to the Office Action dated September 8, 2009.

Identification of Goods

Contrary to prior assertions, Applicant does not intend to the use the mark in connection with cigars
made from Cuban seed tobacco or Cuban seed tobacco. The identification of goods has been amended
accordingly.

Refusal to Register

The Examining Attorney refuses registration on the basis of primarily geographically descriptiveness
under Section 2(e)(2). Applicant respectfully disagrees and submits that its mark cannot be
characterized as being geographic, primarily or otherwise, but is rather a distinctive, coined term that
functions solely as a trademark. Applicant incorporates by reference all relevant arguments and
evidence from its prior responses.

Applicant submits that a prima facie case of primary geographic descriptiveness has not been
established. A primarily geographically descriptive mark is one (i) that is a name of a place known
generally to public, and (ii) that public would believe goods or services for which mark is sought to be
registered originate in that place. See In re California Innovations Inc., 66 USPQ2d 1853 (Fed. Cir.
2003); In re London & Edinburgh Ins. Group Ltd., 36 USPQ2d 1367 (TTAB 1995) citing In re Societe
Generale des Eaux Minerales de Vittel S.A., 3 USPQ2d 1450 (Fed. Cir. 1987).

Applicant's mark is simply not geographic. Applicant adopted its distinctive KUBA KUBA mark while,
in part, drawing from the overall look and feel of the culture of the Kuba Kingdom. Applicant submitted
preliminary information on the Kuba Kingdom, people, and culture in Exhibit 4 in its amendment dated
November 26,2007. Applicant now provides further information on the Kuba Kingdom, people and
culture to support the nature of the KUBA KUBA mark. The Kuba Kingdom existed during the 16th
century through to about the 19th century in Southeastern Congo, now present day Zaire. See Exhibit A.
The Kuba Kingdom existed on a continent of Africa. The art of the Kuba Kingdom is recognized in
many circles for its ornate characteristics. See Exhibit B. The people of the Kuba Kingdom were traders,
farmers, fishermen, and hunters. See Id; see also Exhibits C through K.

Moreover, a purchaser of Applicant's goods would not likely make a goods-place association. The term
Kuba may be used to refer generally to the look and feel of the culture and people of the Kuba
Kingdom. Kuba Kuba is not a place. In the absence of the Examining Attorney agreeing with
Applicant's analysis, Applicant asserts that even if geographic significance is associated with "Kuba
Kuba" such significance is of so little significance it could only be minor, obscure, and unconnected
with Applicant's goods in view of the nature of the KUBA KUBA mark.

Applicant's mark is not a misspelling of the term Cuba, nor does Cuba have any relevance to the nature,
characteristics, or meaning of the KUBA KUBA mark. Incidentally, the record remains devoid of any
evidence that the term "Kuba" is a misspelling of, or relates to, the term "Cuba."

Conclusion

In view of the foregoing, Applicant submits that the application is in condition for acceptance and
requests passage of the mark to publication.

EVIDENCE SECTION
EVIDENCE FILE NAME(S)

ORIGINAL PDF FILE evi_38104110134-183820891_._KUBA_EXHIBITS.PDF

CONVERTED PDF
FILE(S) \\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0002.JPG
(32 pages)

\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0003.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0004.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0005.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0006.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0007.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0008.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0009.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0010.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0011.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0012.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0013.JPG
 \\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0014.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0015.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0016.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0017.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0018.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0019.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0020.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0021.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0022.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0023.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0024.JPG
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\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0026.JPG
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\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0028.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0029.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0030.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0031.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0032.JPG
\\TICRS\EXPORT6\IMAGEOUT6\770\995\77099522\xml1\ROA0033.JPG
DESCRIPTION OF
EVIDENCE FILE
printouts of Internet search for Kuba Kingdom.

GOODS AND/OR SERVICES SECTION (current)

INTERNATIONAL CLASS 034
DESCRIPTION

Cigars, tobacco and related products, namely, cigarettes, cigar boxes, lighters, holders, ashtrays, cigar
bands, cigar cutters, humidors, and cigar tubes
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 034
 DESCRIPTION

Cigars, tobacco and related products, namely, cigarettes, cigar boxes, lighters, holders, ashtrays, cigar
bands, cigar cutters, humidors, and cigar tubes
FILING BASIS Section 1(b)
SIGNATURE SECTION
The filing Attorney has elected not to submit the signed declaration,
DECLARATION
SIGNATURE believing no supporting declaration is required under the Trademark Rules
of Practice.
RESPONSE SIGNATURE /Philip J. Foret/
SIGNATORY'S NAME Philip J. Foret
SIGNATORY'S POSITION Attorney of Record, Reg. No. 51,689
DATE SIGNED 03/09/2009
AUTHORIZED
SIGNATORY
YES

FILING INFORMATION SECTION

SUBMIT DATE Mon Mar 09 18:42:21 EDT 2009
USPTO/ROA-38.104.110.134-
20090309184221133269-7709
TEAS STAMP 9522-4303813e21d64ee78bcc
dbdf3f0236ca0b4-N/A-N/A-2
0090309183820891402

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77099522 has been amended as follows:

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

Applicant submits the following response to the Office Action dated September 8, 2009.

Identification of Goods
Contrary to prior assertions, Applicant does not intend to the use the mark in connection with cigars made
from Cuban seed tobacco or Cuban seed tobacco. The identification of goods has been amended
accordingly.

Refusal to Register

The Examining Attorney refuses registration on the basis of primarily geographically descriptiveness
under Section 2(e)(2). Applicant respectfully disagrees and submits that its mark cannot be characterized
as being geographic, primarily or otherwise, but is rather a distinctive, coined term that functions solely as
a trademark. Applicant incorporates by reference all relevant arguments and evidence from its prior
responses.

Applicant submits that a prima facie case of primary geographic descriptiveness has not been established.
A primarily geographically descriptive mark is one (i) that is a name of a place known generally to public,
and (ii) that public would believe goods or services for which mark is sought to be registered originate in
that place. See In re California Innovations Inc., 66 USPQ2d 1853 (Fed. Cir. 2003); In re London &
Edinburgh Ins. Group Ltd., 36 USPQ2d 1367 (TTAB 1995) citing In re Societe Generale des Eaux
Minerales de Vittel S.A., 3 USPQ2d 1450 (Fed. Cir. 1987).

Applicant's mark is simply not geographic. Applicant adopted its distinctive KUBA KUBA mark while, in
part, drawing from the overall look and feel of the culture of the Kuba Kingdom. Applicant submitted
preliminary information on the Kuba Kingdom, people, and culture in Exhibit 4 in its amendment dated
November 26,2007. Applicant now provides further information on the Kuba Kingdom, people and
culture to support the nature of the KUBA KUBA mark. The Kuba Kingdom existed during the 16th
century through to about the 19th century in Southeastern Congo, now present day Zaire. See Exhibit A.
The Kuba Kingdom existed on a continent of Africa. The art of the Kuba Kingdom is recognized in many
circles for its ornate characteristics. See Exhibit B. The people of the Kuba Kingdom were traders,
farmers, fishermen, and hunters. See Id; see also Exhibits C through K.

Moreover, a purchaser of Applicant's goods would not likely make a goods-place association. The term
Kuba may be used to refer generally to the look and feel of the culture and people of the Kuba Kingdom.
Kuba Kuba is not a place. In the absence of the Examining Attorney agreeing with Applicant's analysis,
Applicant asserts that even if geographic significance is associated with "Kuba Kuba" such significance is
of so little significance it could only be minor, obscure, and unconnected with Applicant's goods in view
of the nature of the KUBA KUBA mark.

Applicant's mark is not a misspelling of the term Cuba, nor does Cuba have any relevance to the nature,
characteristics, or meaning of the KUBA KUBA mark. Incidentally, the record remains devoid of any
evidence that the term "Kuba" is a misspelling of, or relates to, the term "Cuba."

Conclusion

In view of the foregoing, Applicant submits that the application is in condition for acceptance and requests
passage of the mark to publication.
EVIDENCE
Evidence in the nature of printouts of Internet search for Kuba Kingdom. has been attached.
Original PDF file:
evi_38104110134-183820891_._KUBA_EXHIBITS.PDF
Converted PDF file(s) (32 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30
Evidence-31
Evidence-32

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Cigars, tobacco and related products, namely, cigarettes, cigar boxes, lighters,
holders, ashtrays, cigar bands, cigar cutters, humidors, and cigar tubes
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through
the applicant's related company or licensee the mark in commerce on or in connection with the identified
goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
Proposed: Class 034 for Cigars, tobacco and related products, namely, cigarettes, cigar boxes, lighters,
holders, ashtrays, cigar bands, cigar cutters, humidors, and cigar tubes
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through
the applicant's related company or licensee the mark in commerce on or in connection with the identified
goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not
required by the rules of practice. I understand that the examining attorney could still, upon later review,
require a signed declaration.
Response Signature
Signature: /Philip J. Foret/ Date: 03/09/2009
Signatory's Name: Philip J. Foret
Signatory's Position: Attorney of Record, Reg. No. 51,689

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the
highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to
the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian
attorney/agent not currently associated with his/her company/firm previously represented the applicant in
this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power
of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the
applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing
him/her as an associate attorney in this matter.

Serial Number: 77099522

Internet Transmission Date: Mon Mar 09 18:42:21 EDT 2009
TEAS Stamp: USPTO/ROA-38.104.110.134-200903091842211
33269-77099522-4303813e21d64ee78bccdbdf3
f0236ca0b4-N/A-N/A-20090309183820891402