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. 88039827 MODERN CRUSH(Standard Characters, see http://uspto.report/TM/88039827/mark.png) has been amended as follows:

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

The Examiner has refused registration on the basis of descriptiveness. Applicant respectfully disagrees. As an initial matter, Applicant notes that there are several registrations on the Principal Register without a claim of 2(f) where the terms "MODERN" and "CRUSH" have not been disclaimed on the basis of descriptiveness. These include the following: MODERNCRAFT WINERY (Reg. No. 4839218); MV MODERN VINES and Design (Reg. No. 4947177); GO BIG MODERN HOUSE WINES (Reg. No. 4740242); CALIFORNIA CRUSH (Reg. No. 4657072); CRUSH 8 (Reg. No. 5596014); HIDDEN CRUSH (Reg. No. 4437010); MAD CRUSH (Reg. No. 4027117); and VINTAGE CRUSH (Reg. No. 5282075), to name just a few. We also note that "MODERN CRUSH" has a double entendre as "crush" is defined as "a brief but intense infatuation for someone," such that "MODERN CRUSH" means a present-day infatuation. Accordingly, Applicant respectfully requests that the descriptiveness refusal be withdrawn. Applicant intends to use the mark in association with wine, but given that the mark is not yet in use, Applicant does not have any of the materials requested by the Examiner. Grapes are "crushed" to produce wine, but there are not any particularly "modern" procedures used to accomplish this. The wine with the mark will be sold to consumers of wine through all standard channels of distribution such as in restaurant, stores and online.

SIGNATURE(S)
Response Signature
Signature: /J. Scott Gerien/     Date: 04/23/2019
Signatory's Name: J. Scott Gerien
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 7072527122

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: 88039827
Internet Transmission Date: Tue Apr 23 18:39:49 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.X.XX.XX-201904231839495849
01-88039827-620dc52beff034691b16a9eb83c2
46bcc87e90ebeebe3596d52d2a53d47b3-N/A-N/
A-20190423183654062925