| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 76487487 |
| LAW OFFICE ASSIGNED | LAW OFFICE 109 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
ARGUMENT The Office has included information regarding pending application serial nos. 76/400,956 and 78/125,259. Applicant withholds its comments pending registration of these two applications and the Office's position on the same as the marks register. With respect to the initial refusal based on registration no. 1552947, Applicant respectfully traverses the position taken by the Office that a likelihood of confusion would exist. Applicant respectfully requests that the Office reconsider its refusal especially based upon the fact that when the Office initially issued an Office Action, the Office did not locate any applications or prior registrations which would bar registration. It was only after the letter of protest that it identified the registration at issue.
|
|
| GOODS AND/OR SERVICES SECTION (003)(no change) | |
| GOODS AND/OR SERVICES SECTION (009)(no change) | |
| GOODS AND/OR SERVICES SECTION (014)(no change) | |
| GOODS AND/OR SERVICES SECTION (016)(no change) | |
| GOODS AND/OR SERVICES SECTION (018)(no change) | |
| GOODS AND/OR SERVICES SECTION (025)(no change) | |
| GOODS AND/OR SERVICES SECTION (028)(no change) | |
| GOODS AND/OR SERVICES SECTION (032)(class deleted) | |
| INTERNATIONAL CLASS | 032 |
| DESCRIPTION | |
| Beers, lager, lemonade, mineral and aerated waters, non-alcoholic malt beverages and cocktail mixes, fruit drinks, sport drinks and fruit juices; syrups | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| GOODS AND/OR SERVICES SECTION (035)(no change) | |
| GOODS AND/OR SERVICES SECTION (041)(no change) | |
| GOODS AND/OR SERVICES SECTION (042)(no change) | |
| GOODS AND/OR SERVICES SECTION (043)(no change) | |
| GOODS AND/OR SERVICES SECTION (045)(no change) | |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Anne M. Sterba/ |
| SIGNATORY'S NAME | Anne M. Sterba |
| SIGNATORY'S POSITION | Attorney of record, DC bar member |
| DATE SIGNED | 08/12/2009 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Aug 12 15:48:13 EDT 2009 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.X-2 0090812154813992467-76487 487-430ab171144f32155c197 e034ee78d3-N/A-N/A-200908 12110706931007 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
ARGUMENT
The Office has included information regarding pending application serial nos. 76/400,956 and 78/125,259. Applicant withholds its comments pending registration of these two applications and the Office's position on the same as the marks register.
With respect to the initial refusal based on registration no. 1552947, Applicant respectfully traverses the position taken by the Office that a likelihood of confusion would exist. Applicant respectfully requests that the Office reconsider its refusal especially based upon the fact that when the Office initially issued an Office Action, the Office did not locate any applications or prior registrations which would bar registration. It was only after the letter of protest that it identified the registration at issue.