Post Publication Amendment

PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 86139566 TECATE (Stylized and/or with Design, see http://tsdr.gov.uspto.report/img/86139566/large) has been amended as follows:

EXPLANATION OF FILING

 

AMENDMENT TO TRADEMARK ACT § 1(b) APPLICATION AFTER PUBLICATION AND BEFORE ISSUANCE OF NOTICE OF ALLOWANCE

 

            The following amendment is filed pursuant to Trademark Manual of Examining Procedure § 1505.01(c).

 

The identification of goods in International Class 24 is amended to:

 

"Blankets for indoor and outdoor use; bed sheets; bed spreads; towels; napkins and coasters of cloth; all being collateral merchandise associated with the registrant's beer products."

 

The foregoing amendment limits the scope of the identification of goods in International Class 24.  It is therefore applicant's belief that the amendment is acceptable and that republication is not required.  See Trademark Rule 2.71(a), 37 C.F.R. §2.71(a) ( “The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services.”)  See also Trademark Manual of Examining Procedure § 1505.03(a) (amendment to limit identification of goods requires republication only if it "results in a material difference in the nature of the goods or services (e.g., the mark published for “shoes” in Class 25 and the applicant then amends to “orthopedic shoes” in Class 10) . . . ")

 

The goods identified in International Classes 16 and 25 are retained for registration without amendment.

 

            Should the paralegal specialist believe that a telephone conference will expedite the prosecution of the captioned application, he or she is invited to contact undersigned counsel for applicant at his or her convenience.

 

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Blankets for indoor and outdoor use; bed sheets; bed spreads; towels; napkins and coasters of cloth
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: Blankets for indoor and outdoor use; bed sheets; bed spreads; towels; napkins and coasters of cloth; all being collateral merchandise associated with the registrant's beer productsClass 024 for Blankets for indoor and outdoor use; bed sheets; bed spreads; towels; napkins and coasters of cloth; all being collateral merchandise associated with the registrant's beer products
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)

Signature: /Stephen J. Jeffries/     Date: 03/27/2014
Signatory's Name: Stephen J. Jeffries
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 202-419-2404

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: 86139566
Internet Transmission Date: Thu Mar 27 15:02:26 EDT 2014
TEAS Stamp: USPTO/PPA-XX.XXX.XX.XX-20140327150226559
674-86139566-5006d22bed5fe6997e8a2e107df
97dd69d61e0c642175a12a67286f151fe8df50-N
/A-N/A-20140327145857711864