Preliminary Amendment

MAKE WAY

E. & J. Gallo Winery

Preliminary Amendment

PTO Form 1966 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 07/31/2017)

Voluntary Amendment


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86127316
MARK SECTION
MARK http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86127316
LITERAL ELEMENT MAKE WAY
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 033
DESCRIPTION Alcoholic beverages except beers
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 033
TRACKED TEXT DESCRIPTION
Alcoholic beverages except beers; distilled spirits, namely rum
FINAL DESCRIPTION distilled spirits, namely rum
FILING BASIS Section 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /kww/
SIGNATORY'S NAME Kristi W. Whalen
SIGNATORY'S POSITION Attorney of record, CA bar member
SIGNATORY'S PHONE NUMBER 209-341-6349
DATE SIGNED 12/03/2013
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 03 17:24:01 EST 2013
TEAS STAMP USPTO/PRA-XXX.XX.XXX.X-20
131203172401272059-861273
16-500b6767adf8da3f55cf43
35a25b2796ebfdfbe922b2871
8d56d1b41dec89485-N/A-N/A
-20131203172103047705



PTO Form 1966 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 07/31/2017)

Voluntary Amendment


To the Commissioner for Trademarks:

Application serial no. 86127316 MAKE WAY(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86127316) 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 033 for Alcoholic beverages except beers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Alcoholic beverages except beers; distilled spirits, namely rumClass 033 for distilled spirits, namely rum
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Voluntary Amendment Signature
Signature: /kww/     Date: 12/03/2013
Signatory's Name: Kristi W. Whalen
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 209-341-6349

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: 86127316
Internet Transmission Date: Tue Dec 03 17:24:01 EST 2013
TEAS Stamp: USPTO/PRA-XXX.XX.XXX.X-20131203172401272
059-86127316-500b6767adf8da3f55cf4335a25
b2796ebfdfbe922b28718d56d1b41dec89485-N/
A-N/A-20131203172103047705



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