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 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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88021899 EPS FARM CRAFTED PRAIRIE ORGANIC GIN 40% ALC. BY VOL. ED PHILLIPS & SONS USDA ORGANIC (Stylized and/or with Design, see http://uspto.report/TM/88021899/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: EPS FARM CRAFTED PRAIRIE ORGANIC GIN 40% ALC. BY VOL. ED PHILLIPS & SONS USDA ORGANIC (Stylized and/or with Design, see http://uspto.report/TM/88021899/mark.png)
Proposed: EPS FARM CRAFTED PRAIRIE ORGANIC GIN 40% ALC. BY VOL. ED PHILLIPS & SONS USDA ORGANIC (Stylized and/or with Design, see mark)
The color(s) white, medium olive green, light olive green, medium green, light green, purple, orange, brown, medium blue, pale blue, dark gray, light gray, and red is/are claimed as a feature of the mark.
The mark consists of the word "PRAIRIE" in large stylized capital letters in white with pale blue stripes, and brown shadowing on a raised dark gray and light gray speckled banner slanting upward from left to right and bordered in medium blue on each side and trimmed with medium olive green and pale blue lines on top and bottom; the banner crosses a stylized escutcheon with scalloped edges which contains an orange circle with the stylized letters "EPS" in white above the phrase "FARM CRAFTED" in brown between two stylized brown arrowheads, and above the word "ORGANIC" above the word "GIN" above the phrase "40% ALC. BY VOL." all in brown lettering, and above the phrase "ED PHILLIPS & SONS" in orange lettering above three small orange dots; all of the foregoing stands against the background of the surrounding escutcheon which consists of a medium olive green and purple border around a field of stylized curving leaves and stems and ears of corn in medium olive green and medium olive green dashed lines on top of a light olive green background; superimposed on the lower right corner of the escutcheon is a small red circle containing the acronym "USDA" in medium green against a white semicircle above the term "ORGANIC" in white against a medium green semicircle with light green lines.

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 except beers; Gin
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: Alcoholic beverages except beers; Organic alcoholic beverages except beers; Gin; organic ginClass 033 for Organic alcoholic beverages except beers; organic gin
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant hereby submits the following disclaimer statement: "No claim is made to the exclusive right to use "FARM CRAFTED," "ORGANIC GIN" "40% ALC. BY VOL.," AND THE USDA ORGANIC SYMBOL apart from the mark as shown."


SIGNATURE(S)
Response Signature
Signature: /Paul E. Thomas/     Date: 02/25/2019
Signatory's Name: Paul E. Thomas
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 6502334044

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.

        
Serial Number: 88021899
Internet Transmission Date: Mon Feb 25 06:05:25 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019022506052501
7936-88021899-6203ef712e71b1ea9191128b6c
ade89ac15cbb494d22df94608866d9148a7270-N
/A-N/A-20190225055639463251