Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79271104 LA TAN'EXCELLENCE (Stylized and/or with Design, see http://uspto.report/TM/79271104/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Chemical products and substances for use in industry for making beverages, including wines; Chemical products, namely, wine products used in the wine-making process; tanning materials used in the preparation of beverages, including grape tannins and pieces and chips of wood used for providing tannins
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: Chemical products and substances for use in industry for making beverages, including wines; Chemical products and substances for use in industry for making beverages, namely, wines; Chemical products, namely, wine products used in the wine-making process; chemical products, namely, tanning substances for use in making beverages, including pieces of wood, lags, wood chips used to provide tannins, all in the nature of tanning agents for use in the manufacture of wine; tanning materials used in the preparation of beverages, including grape tannins and pieces and chips of wood used for providing tannins; chemicals in the nature of tannins used in the preparation of beverages, namely, grape tannins and extracts from pieces and chips of wood used for providing tannins for beveragesClass 001 for Chemical products and substances for use in industry for making beverages, namely, wines; chemical products, namely, tanning substances for use in making beverages, including pieces of wood, lags, wood chips used to provide tannins, all in the nature of tanning agents for use in the manufacture of wine; chemicals in the nature of tannins used in the preparation of beverages, namely, grape tannins and extracts from pieces and chips of wood used for providing tannins for 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 030 for Flavorings and flavoring preparations for preparation of beverages, particularly based on grape tannins and pieces of wood used for flavoring the 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: Flavorings and flavoring preparations for preparation of beverages, particularly based on grape tannins and pieces of wood used for flavoring the beverages; Flavorings and flavoring preparations for preparation of beverages, other than essential oils, particularly based on grape tannins and lags of wood and wood chips used to flavor beveragesClass 030 for Flavorings and flavoring preparations for preparation of beverages, other than essential oils, particularly based on grape tannins and lags of wood and wood chips used to flavor 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.

The applicant hereby appoints Steven J. Solomon. Steven J. Solomon of Pearne & Gordon LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 1200
      1801 East 9th Street
      Cleveland, Ohio 44114
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is APIC-61988.

The phone number is 2165791700.

The fax number is 2165796073.

The email address is tmdocket@pearne.com

Steven J. Solomon submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: A.P.I. CONSEIL. A.P.I. CONSEIL, is located at

      4 rue Jules Ferry,
      Bâtiment Newton,
      F-64000 Pau,
      FR

The applicants proposed correspondence information: Steven J. Solomon. Steven J. Solomon of Pearne & Gordon LLP, is located at

      Suite 1200
      1801 East 9th Street
      Cleveland, Ohio 44114
      United States
The docket/reference number is APIC-61988.

The phone number is 2165791700.

The fax number is 2165796073.

The email address is tmdocket@pearne.com; ascheidler@pearne.com

ADDITIONAL STATEMENTS
Color Claim
The color(s) black and purple is/are claimed as a feature of the mark.

Description of mark
The mark consists of the term LA in purple oversized stylized script directly next to the stylized term TAN'EXCELLENCE appearing in black.

SIGNATURE(S)
Response Signature
Signature: /stevenjsolomon/     Date: 01/09/2020
Signatory's Name: Steven J. Solomon
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 2165791700

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    A.P.I. CONSEIL
   
   4 rue Jules Ferry,
   Bâtiment Newton,
   F-64000 Pau,
Mailing Address:    Steven J. Solomon
   Pearne & Gordon LLP
   Suite 1200
   1801 East 9th Street
   Cleveland, Ohio 44114
        
Serial Number: 79271104
Internet Transmission Date: Thu Jan 09 15:21:54 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200109152154
948575-79271104-7008452dd465dd159e78e454
878fde84ba50b4f26d615398d2587852de9f8a49
27-N/A-N/A-20200109141144585275