TEAS Response to Suspension Inquiry

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)

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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 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. 86832787 PLAY(Standard Characters, see http://uspto.report/TM/86832787/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.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Canada registration number TMA1006262 registered 10/05/2018, with a renewal date of 10/05/2033 and an expiration date of 10/05/2033, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_1847019018-154711963_._Certificate_of_Registration_-_1749639.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FR_1847019018-154711963_._Reg_Page_1749639.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

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 Alcoholic beverages, namely, wine, fermented alcoholic beverages, namely, wine, wine-based beverages, fortified wines, sparkling wine, wine coolers and wine-based coolers, prepared wine-based cocktails, blends of wine, ice wine, blends of ice wine and sparkling wine, wine and fruit-based beverages, sparkling wine and fruit-based beverages; wine accessories, namely, corkscrews, corkscrew kits consisting of corkscrews and vacuum bottle stoppers, and bottle openers; beverage glassware, namely, drinking glasses, goblets, decanters, pitchers, and carafes; insulating sleeve holder for wine bottles, wine bottle pourers, bottle stoppers specially adapted for use with wine bottles, wine drip collars specially adapted for use around the tope of wine bottles to stop drips, insulated wine bottle carriers and portable cooler bags for wine; coasters, trivets, serving trays, serving platters, cheese cutting boards and cheese knife set; canister sets; mugs; clothing, namely, shirts, vests, sweat shirts, caps, hats, aprons and jackets; Retail store services featuring wine, wine accessories and wine-related giftware in conjunction with a winery; Retail gift shop services; Wholesale and retail store services featuring wine and wine-based beverages; online retail store services, subscription-based order fulfillment services and mail order services featuring wine and wine-based beverages; Retail store services featuring wine, wine accessories and wine-related giftware, namely, corkscrews, corkscrew kits, bottle openers, glassware, drinking glasses, goblets, decanters, pitchers, and carafes, foil cutters, wine crates, wine bottle holders, wine bottle pourers, wine bottle stoppers, wine bottle toppers, wine bottle collars, wine bottle chillers, and wine bottle carriers and cooler bags, coasters, trivets, trays, platters, cheese cutting boards and cheese knives, featuring specialty foods, namely, gourmet cheeses, chocolates and wine-based sauces, jellies and preserves; and featuring clothing in the nature of casual clothing and hats; Administering a wine club by means of selecting wines based on consumer expectations and arranging periodic shipment to club members; business consulting services in the field of planning and conducting business conventions; Providing online non-downloadable electronic publications, namely, books, newsletters, brochures, booklets, pamphlets, posters, signs, calendars, postcards, and information cards in the fields of alcoholic beverages, foods, wine and winery related products and events; Operation of winery tours and tastings, namely, arranging, planning, developing, organizing, conducting and hosting guided tours of vineyard and winery facilities, restaurants, gift shops and wine stores; entertainment services, namely, wine tastings; Arranging, planning, developing, organizing, conducting and hosting wine festivals; Publication of brochures, reports, newsletters and educational materials in the fields of alcoholic beverages, namely, wine and wine-based beverages; Wine related educational services, namely, providing seminars in the fields of wine tasting and wine appreciation; providing exercise and sports facilities, namely, swimming pool facilities, and fitness centers; Wine bar services in the nature of a wine tasting room; Restaurant services; Providing information about wine characteristics, including tasting and selecting wines; Sommelier services, namely, advising, assisting and counselling others on the selection and use of fermented alcoholic beverages, and selection and use of wines and wine-based beverages; Sommelier services, namely, providing information and advice on wine and wine and food pairing; Providing a website featuring information in the field of wine and wine-based beverages; Wine consulting services with respect to selecting appropriate wines; Hotel services; provision of general purpose facilities for meetings, conferences and exhibitions; provision of banquet and social function facilities for special occasions; Hotel and resort services; valet parking services; reservation services, namely, making hotel reservations for others; online hotel reservation services, namely, making hotel reservations for others; hotel reservation services, namely, making holiday accommodation reservations and resort reservations for others; hotel services featuring a bonus program for frequent customers, in the nature of complimentary high speed internet, complimentary local calls, complimentary health club access; Vineyard and winery services, namely, the cultivation of grapes for others; Consulting services in the field of vineyard management; Providing a website featuring information in the fields of vineyard operation; beauty spa services, namely, cosmetic body care
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 1749639 filed 10/08/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Alcoholic beverages, namely, wine, fermented alcoholic beverages, namely, wine, wine-based beverages, fortified wines, sparkling wine, wine coolers and wine-based coolers, prepared wine-based cocktails, blends of wine, ice wine, blends of ice wine and sparkling wine, wine and fruit-based beverages, sparkling wine and fruit-based beverages; wine accessories, namely, corkscrews, corkscrew kits consisting of corkscrews and vacuum bottle stoppers, and bottle openers; beverage glassware, namely, drinking glasses, goblets, decanters, pitchers, and carafes; insulating sleeve holder for wine bottles, wine bottle pourers, bottle stoppers specially adapted for use with wine bottles, wine drip collars specially adapted for use around the tope of wine bottles to stop drips, insulated wine bottle carriers and portable cooler bags for wine; coasters, trivets, serving trays, serving platters, cheese cutting boards and cheese knife set; canister sets; mugs; clothing, namely, shirts, vests, sweat shirts, caps, hats, aprons and jackets; Retail store services featuring wine, wine accessories and wine-related giftware in conjunction with a winery; Retail gift shop services; Wholesale and retail store services featuring wine and wine-based beverages; online retail store services, subscription-based order fulfillment services and mail order services featuring wine and wine-based beverages; Retail store services featuring wine, wine accessories and wine-related giftware, namely, corkscrews, corkscrew kits, bottle openers, glassware, drinking glasses, goblets, decanters, pitchers, and carafes, foil cutters, wine crates, wine bottle holders, wine bottle pourers, wine bottle stoppers, wine bottle toppers, wine bottle collars, wine bottle chillers, and wine bottle carriers and cooler bags, coasters, trivets, trays, platters, cheese cutting boards and cheese knives, featuring specialty foods, namely, gourmet cheeses, chocolates and wine-based sauces, jellies and preserves; and featuring clothing in the nature of casual clothing and hats; Administering a wine club by means of selecting wines based on consumer expectations and arranging periodic shipment to club members; business consulting services in the field of planning and conducting business conventions; Providing online non-downloadable electronic publications, namely, books, newsletters, brochures, booklets, pamphlets, posters, signs, calendars, postcards, and information cards in the fields of alcoholic beverages, foods, wine and winery related products and events; Operation of winery tours and tastings, namely, arranging, planning, developing, organizing, conducting and hosting guided tours of vineyard and winery facilities, restaurants, gift shops and wine stores; entertainment services, namely, wine tastings; Arranging, planning, developing, organizing, conducting and hosting wine festivals; Publication of brochures, reports, newsletters and educational materials in the fields of alcoholic beverages, namely, wine and wine-based beverages; Wine related educational services, namely, providing seminars in the fields of wine tasting and wine appreciation; providing exercise and sports facilities, namely, swimming pool facilities, and fitness centers; Wine bar services in the nature of a wine tasting room; Restaurant services; Providing information about wine characteristics, including tasting and selecting wines; Sommelier services, namely, advising, assisting and counselling others on the selection and use of fermented alcoholic beverages, and selection and use of wines and wine-based beverages; Sommelier services, namely, providing information and advice on wine and wine and food pairing; Providing a website featuring information in the field of wine and wine-based beverages; Wine consulting services with respect to selecting appropriate wines; Hotel services; provision of general purpose facilities for meetings, conferences and exhibitions; provision of banquet and social function facilities for special occasions; Hotel and resort services; valet parking services; reservation services, namely, making hotel reservations for others; online hotel reservation services, namely, making hotel reservations for others; hotel reservation services, namely, making holiday accommodation reservations and resort reservations for others; hotel services featuring a bonus program for frequent customers, in the nature of complimentary high speed internet, complimentary local calls, complimentary health club access; Vineyard and winery services, namely, the cultivation of grapes for others; Consulting services in the field of vineyard management; Providing a website featuring information in the fields of vineyard operation; beauty spa services, namely, cosmetic body careClass 033 for Alcoholic beverages, namely, wine, fermented alcoholic beverages, namely, wine, wine-based beverages, fortified wines, sparkling wine, wine coolers and wine-based coolers, prepared wine-based cocktails, blends of wine, ice wine, blends of ice wine and sparkling wine, wine and fruit-based beverages, sparkling wine and fruit-based beverages
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 1749639 filed 10/08/2015]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 submits a copy of [ Canada registration number TMA1006262 registered 10/05/2018 with a renewal date of 10/05/2033 and an expiration date of 10/05/2033 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-1847019018-154711963_._Certificate_of_Registration_-_1749639.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FRU0-1847019018-154711963_._Reg_Page_1749639.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3


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: /Rob McDonald/     Date: 10/25/2018
Signatory's Name: Rob McDonald
Signatory's Position: Authorized Attorney
Signatory's Phone Number: 7804218133

The signatory has confirmed that he/she is a Canadian attorney/agent , or an associate thereof, who represents an applicant located in Canada; he/she is either registered with the USPTO and in good standing as a patent agent under 37 C.F.R. §11.6(c) or has been granted reciprocal recognition under 37 C.F.R. §11.14(c) by the USPTO's Office of Enrollment and Discipline; to and he/she is currently the applicant's Canadian attorney/agent, or an associate thereof; and that to the best of his/her knowledge, if prior to his/her appointment another Canadian attorney/agent or a U.S. attorney 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 Canadian attorney/agent or U.S. attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 86832787
Internet Transmission Date: Thu Oct 25 15:58:24 EDT 2018
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.XX-2018102515582435
1308-86832787-61062422ce74e3b18a8a232162
bbc4e45822834f49a9bd12d0f2b466d174d90-N/
A-N/A-20181025154711963437