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 07/31/2017)

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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 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86692883 FIVE POINTS DISTILLERY(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86692883/large) 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 032 for Beers; Mineral and aerated waters and other non-alcoholic drinks; Fruit drinks and fruit juices; Syrups and other preparations for making beverages
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: Beers; Mineral and aerated waters and other non-alcoholic drinks; Mineral and aerated waters and other non-alcoholic drinks, namely, alcohol-free beers, non-alcoholic cider, non-alcoholic beverages containing fruit juices; Fruit drinks and fruit juices; Syrups and other preparations for making beverages; Syrups for making beverages and preparations for making beverages, namely, fruit drinks.Class 032 for Beers; Mineral and aerated waters and other non-alcoholic drinks, namely, alcohol-free beers, non-alcoholic cider, non-alcoholic beverages containing fruit juices; Fruit drinks and fruit juices; Syrups for making beverages and preparations for making beverages, namely, fruit drinks.
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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Quintessential Brands S.A. having an address of
      121 Avenue de la Faiencerie
      Luxembourg, L-1511
      Luxembourg

Proposed: Quintessential Brands S.A., société anonyme (sa) legally organized under the laws of Luxembourg, having an address of
      121 Avenue de la Faiencerie
      Luxembourg, L-1511
      Luxembourg

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Proposed:
Genevieve E. Charlton of BRINKS GILSON & LIONE, having an address of
P.O. Box 10395 Chicago, Illinois 60610
United States
officeactions@brinksgilson.com;gcharlton@brinksgilson.com; jmasters@brinksgilson.com
312 321-4200
312-321-4299
The docket/reference number is 15215/15 .



ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use DISTILLERY apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Genevieve E. Charlton/     Date: 01/31/2016
Signatory's Name: Genevieve E. Charlton
Signatory's Position: Attorney of Record, IL Bar Member

Signatory's Phone Number: 312-321-4200

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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

Mailing Address:    Genevieve E. Charlton
   BRINKS GILSON & LIONE
   P.O. Box 10395
   Chicago, Illinois 60610
        
Serial Number: 86692883
Internet Transmission Date: Sun Jan 31 18:22:53 EST 2016
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2016013118225367182
1-86692883-550f437eae37a323d434162155b21
da2939a4e2655abd35f299e45f66285e65ed-N/A
-N/A-20160131181115523265