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. 87210628 CRT (Stylized and/or with Design, see http://uspto.report/TM/87210628/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: CRT (Stylized and/or with Design, see http://uspto.report/TM/87210628/mark.png)
Proposed: CRT (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of The capital letters "C", "R" and "T" inside a square.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

U.S. APPLICATION SERIAL NUMBER: 87210628 MARK: CRT APPLICANT: CONSEJO REGULADOR DEL TEQUILA, A.C. ISSUE/ MAILING DATE: 1/30/2017 Response to Office Action Examining Attorney has refused the mark CRT, because it is merely descriptive of the Applicants services alleging that an abbreviation, initialism or acronym is merely descriptive when it is generally understood as ?substantially synonymous? with the descriptive words it represents. Applicant respectfully requests registration of the mark of the application for the following reasons: 1. An abbreviation cannot be considered descriptive unless the wording it represents is merely descriptive of the goods or services; and the abbreviation is immediately understood by relevant consumers to be substantially synonymous with the merely descriptive wording it stands for. ?CRT? is not itself descriptive; there is insufficient evidence that it is a recognized term for ?Providing information in the field of tequila distillery services?. If consumers must employ a multi-stage reasoning process, rather than finding an instantaneous understanding from the mark of an attribute of the product, then the mark is suggestive and not merely descriptive. 2. The evidence attached by the Examining Attorney provides news and information to those involved in the Tequila industry. The single article is not a commercial use of the term CRT. Apart from the fact that CRT would be an abbreviation of the Spanish word Consejo Regulador del Tequila not and English language word which makes more difficult that consumers understand the mark is merely descriptive of the wording it stands for. 3. Applicant substitutes the services identification from ?Providing cultural and educational information about Tequila? to ?Providing information in the field of tequila distillery services? duly accepted by the USPTO. 4. In view of the above, favorable action is earnestly requested. Respectfully,

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Providing cultural and educational information about Tequila

Applicant hereby adds the following class of goods/services to the application:
New: Class 040 (Original Class: 041 ) for Providing information in the field of tequila distillery services.
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)
Response Signature
Signature: /RGF/     Date: 04/18/2017
Signatory's Name: Ramon Gonzalez Figueroa
Signatory's Position: President

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87210628
Internet Transmission Date: Tue Apr 18 15:52:58 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201704181552581
90953-87210628-580781bb0cf333a7fe148eb24
0344520683f3ee26e6f87c8299d72fa9a3118244
-N/A-N/A-20170418154112089616