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:

To avoid confusion with the mark in US registration No. 3412916 (Sacred Source), the application for registration under "Non-alcoholic drinks, namely colas, tonic water, fruit juices, and carbonated flavoured beverages" - Class 32 - registered name is modified to "Sacred Drinks Company of London", and the phrase "not to include bottled drinking water" is added, and the application under Class 33 is also modified for clarity.  To avoid potential conflict with prior pending Application Serial Number 78927613 (Sacro), the application for registration under "Spirits of 35% proof and above, not including wine or wine based beverages" - Class 33 is further clarified from "Sacred" to "Sacred Microdistillery", so as to avoid confusion.

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, namely, Colas, Tonic water, fruit juices and carbonated flavored 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: Non-alcoholic drinks, namely, Colas, Tonic water, fruit juices and carbonated flavored beverages; Non-alcoholic drinks, namely, Colas, Tonic water, fruit juices and carbonated flavored beverages - not to include bottled drinking waterClass 032 for Non-alcoholic drinks, namely, Colas, Tonic water, fruit juices and carbonated flavored beverages - not to include bottled drinking water

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.

SIGNATURE(S)
Response Signature
Signature: /ian nicholas hart, alice claire hart, james samuel hart/     Date: 08/26/2010
Signatory's Name: ian nicholas hart, alice claire hart, 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: Thu Aug 26 01:00:52 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2010082601005207
9232-79078281-4706673d366876724612fdc9cd
d36bd53-N/A-N/A-20100826001158053717