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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88026798 |
LAW OFFICE ASSIGNED | LAW OFFICE 123 |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | SPIRITS |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) | |
NAME | NEW WORLD NATURAL BRANDS, LLC |
MAILING ADDRESS | 222 S. RIVERSIDE PLAZA SUITE 1500 |
CITY | CHICAGO |
STATE | Illinois |
ZIP/POSTAL CODE | 60606 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
OWNER SECTION (proposed) | |
NAME | NEW WORLD NATURAL BRANDS, LLC |
MAILING ADDRESS | 222 S. RIVERSIDE PLAZA SUITE 1500 |
CITY | CHICAGO |
STATE | Illinois |
ZIP/POSTAL CODE | 60606 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
XXXX | |
ARGUMENT(S) | |
The Notice of Allowance in this application issued on August 20, 2019, and Applicant filed a Statement of Use on September 27, 2019. An Office Action issued on November 8, 2019, finding Applicant's specimens deficient. Applicant filed an SOU Insurance Extension Request on February 20, 2020, prior to the 02/21/2020 expiration of the six-month period in which the SOU was filed. This filing provides Applicant additional time to comply with the statutory requirements for filing the SOU. 37 C.F.R. ?2.89(e)(1). See TMEP ??1108.03 and 1109.16(c). Accordingly, Applicant submits herewith new specimens of use. The TEAS form would not allow Applicant to proceed without checking the box stating: "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application" [for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. ?1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his or her own knowledge are true and all statements made on information and belief are believed to be true. However, the specimens submitted are new and the revised first use date anywhere and in interstate commerce is February 16, 2020. Applicant thanks the Examiner for her time reviewing this application and requests that she approve Applicant's new specimens and move this application to registration. | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 003 |
DESCRIPTION | Cologne; Fragrances; Perfumes |
FIRST USE ANYWHERE DATE | At least as early as 03/31/2015 |
FIRST USE IN COMMERCE DATE | At least as early as 03/31/2015 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 003 |
DESCRIPTION | Cologne; Fragrances; Perfumes |
FIRST USE ANYWHERE DATE | At least as early as 03/31/2015 |
FIRST USE IN COMMERCE DATE | At least as early as 03/31/2015 |
FILING BASIS | Section 1(b) |
CORRESPONDENCE INFORMATION (current) | |
NAME | Lara Pearson |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | Lara@BrandGeek.net |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | Ramsey@BrandGeek.net |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Lara Pearson |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | Lara@BrandGeek.net |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | Ramsey@BrandGeek.net |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Angel del Solar/ |
SIGNATORY'S NAME | Angel Del Sol |
SIGNATORY'S POSITION | Managing Director |
SIGNATORY'S PHONE NUMBER | 5555555555 |
DATE SIGNED | 04/16/2020 |
RESPONSE SIGNATURE | /Lara Pearson/ |
SIGNATORY'S NAME | Lara Pearson |
SIGNATORY'S POSITION | Atty NV |
SIGNATORY'S PHONE NUMBER | 7755555555 |
DATE SIGNED | 04/16/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Apr 16 15:09:21 ET 2020 |
TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20200416150921026924-8802 6798-710bd52cff1af1afe613 3edd17398e4892a7278cd8f5b dae121872ebb8bdc477d-N/A- N/A-20200415180144862270 |
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) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.