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 1822 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Suspension Inquiry or Letter of Suspension
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
86289479 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK |
http://uspto.report/TM/86289479/mark.png |
LITERAL ELEMENT |
VIRGA |
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. |
FOREIGN REGISTRATION |
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the
applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an
English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney. |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION NUMBER |
TMA985464 |
FOREIGN REGISTRATION
DATE |
11/23/2017 |
FOREIGN EXPIRATION DATE |
11/23/2032 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FR_6412517543-153250940_._virga_cert_reg.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\862\894\86289479\xml7\RSI0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\862\894\86289479\xml7\RSI0003.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
033 |
DESCRIPTION |
spirits, namely, rum, whiskey, vodka and gin |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1677033 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
05/14/2014 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
033 |
TRACKED TEXT DESCRIPTION |
spirits, namely, rum, whiskey, vodka and gin; spirits,
namely,vodka |
FINAL DESCRIPTION |
spirits, namely,vodka |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1677033 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
05/14/2014 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
TMA985464 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
11/23/2017 |
FOREIGN EXPIRATION DATE |
11/23/2032 |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/barbara a. barakat/ |
SIGNATORY'S NAME |
Barbara A. Barakat |
SIGNATORY'S POSITION |
Attorney of record |
SIGNATORY'S PHONE NUMBER |
617 526 6154 |
DATE SIGNED |
04/10/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Apr 10 15:39:06 EDT 2018 |
TEAS STAMP |
USPTO/RSI-XX.XXX.XXX.XX-2
0180410153906668650-86289
479-51057e67aee35377591c6
3dc797dcb7981aff70f6ad207
fa02eebc16c5e35a498-N/A-N
/A-20180410153250940796 |
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 1822 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Suspension Inquiry or Letter of Suspension
To the Commissioner for Trademarks:
Application serial no.
86289479 VIRGA(Standard Characters, see http://uspto.report/TM/86289479/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that
country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal
of this application from suspension for further action by the examining attorney.
Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Canada registration number TMA985464 registered 11/23/2017, with a renewal date of __________ and an expiration date of
11/23/2032, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_6412517543-153250940_._virga_cert_reg.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of
origin's standard character equivalent.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for spirits, namely, rum, whiskey, vodka and gin
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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. (15 U.S.C. Section 1051(b)).
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or
services, and asserts a claim of priority based on [Canada application number 1677033 filed 05/14/2014]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: spirits, namely, rum, whiskey, vodka and gin;
spirits, namely,vodkaClass 033 for spirits,
namely,vodka
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services,
and asserts a claim of priority based on [Canada application number 1677033 filed 05/14/2014]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and
will submit a copy of [ Canada registration number TMA985464 registered 11/23/2017 with a renewal date of __________ and an expiration date of 11/23/2032 ], and translation thereof, if appropriate,
before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Suspension Inquiry Signature
Signature: /barbara a. barakat/ Date: 04/10/2018
Signatory's Name: Barbara A. Barakat
Signatory's Position: Attorney of record
Signatory's Phone Number: 617 526 6154
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: 86289479
Internet Transmission Date: Tue Apr 10 15:39:06 EDT 2018
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XX-2018041015390666
8650-86289479-51057e67aee35377591c63dc79
7dcb7981aff70f6ad207fa02eebc16c5e35a498-
N/A-N/A-20180410153250940796