Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79078281 has been amended as follows:

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

Prior Pending Application

This relates to Tequila, marketed under the "Sacro" trade mark.  To clarify the potential conflict under "Class 33: Spirits of 35% proof and above, not including wine or wine based beverages", it is suggested that there is a further restriction/undertaking not to use this name in conjuction with a product containing the name "Tequila", or any agave based drink.  The "Sacred" trade mark is used to identify Gin and Vodka produced in London, England, which further renders confusion unlikely, given that Tequila is a strictly Mexican produced drink.

Identification of Goods

it is suggested that the application is edited as follows: as follows:

Class 32: Non-alcoholic beverages, namely, Cola, Tonic water, fruit juices, flavored carbonated beverages

Entity Uncertain

The applicant is filing as "joint applicants" and all the applicants are citizens of Great Britain.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Non-alcoholic drinks
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Non-alcoholic drinks; Non-alcoholic drinks, namely, Colas, Tonic water, fruit juices and carbonated flavored beverages.Class 032 for Non-alcoholic drinks, namely, Colas, Tonic water, fruit juices and carbonated flavored beverages.

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Spirits of 35% proof and above; none of the foregoing including wine or wine based beverages
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Spirits of 35% proof and above; none of the foregoing including wine or wine based beverages; none of the foregoing including wine or wine based beverages and also not to include tequila or agave based beveragesClass 033 for Spirits of 35% proof and above; none of the foregoing including wine or wine based beverages and also not to include tequila or agave based beverages

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Ian Nicholas Hart,; Alice Claire Hart and; James Samuel Hart a(n) having an address of
      5 Talbot Road Highgate, London N6 4QS
      ,
      United Kingdom

Proposed: ; Alice Claire Hart and; James Samuel Hart Ian Nicholas Hart, a citizen of United Kingdom, having an address of
      5 Talbot Road Highgate, London N6 4QS
      United Kingdom
      XXXX
      +44 208 340 0992

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Ian Nicholas Hart,; Alice Claire Hart and; James Samuel Hart/      Date: 03/10/2010
Signatory's Name: Ian Nicholas Hart,; Alice Claire Hart and; James Samuel Hart
Signatory's Position: Owner

Response Signature
Signature: /Ian Nicholas Hart,; Alice Claire Hart and; James Samuel Hart/     Date: 03/10/2010
Signatory's Name: Ian Nicholas Hart,; Alice Claire Hart and; James Samuel Hart
Signatory's Position: Owner

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 79078281
Internet Transmission Date: Wed Mar 10 11:50:51 EST 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2010031011505146
6149-79078281-4602332e16e21b5f71fecf9e27
f5fff32-N/A-N/A-20100310102248766816