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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88089070 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION (current) |
MARK FILE NAME |
http://uspto.report/TM/88089070/mark.png |
LITERAL ELEMENT |
M WINES AND MILLENNIUM HOTELS AND RESORTS |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of The letter "M" stacked on top of the word "WINES" in script, with an "M" logo and the word "MILLENNIUM HOTELS AND RESORTS"
underneath. |
MARK SECTION (proposed) |
MARK FILE NAME |
\\TICRS\EXPORT17\IMAGEOUT 17\880\890\88089070\xml5\ ROA0002.JPG |
LITERAL ELEMENT |
M WINES MILLENNIUM HOTELS AND RESORTS |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR MARK |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the letter "M" stacked on top of the word "WINES" in script, with an "M" logo and the word "MILLENNIUM HOTELS AND RESORTS"
underneath. |
PIXEL COUNT ACCEPTABLE |
YES |
PIXEL COUNT |
360 x 432 |
GOODS AND/OR SERVICES SECTION (033)(current) |
INTERNATIONAL CLASS |
033 |
DESCRIPTION |
Wines, alcoholic beverages; fortified wines; spirits; liqueurs; cocktails, bitters, alcoholic extracts, alcoholic essences and
digestifs; distilled beverages; cider |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (033)(proposed) |
INTERNATIONAL CLASS |
033 |
TRACKED TEXT DESCRIPTION |
Wines, alcoholic beverages; fortified wines; spirits;
liqueurs; cocktails, bitters, alcoholic extracts, alcoholic essences and digestifs; prepared wine
cocktails, alcoholic bitters, alcoholic extracts, alcoholic essences and digestifs; distilled beverages; distilled spirit
beverages; cider; hard cider |
FINAL DESCRIPTION |
Wines, alcoholic beverages; fortified wines; spirits; liqueurs; prepared wine cocktails, alcoholic bitters, alcoholic extracts,
alcoholic essences and digestifs; distilled spirit beverages; hard cider |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (043)(current) |
INTERNATIONAL CLASS |
043 |
DESCRIPTION |
Preparation and serving of food and drink; catering of food and drink; lounge, bar, wine bar, snack bar, juice bar, coffee bar,
restaurant and cafe services; rental of dining facilities, provision of room services to hotel guests |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (043)(proposed) |
INTERNATIONAL CLASS |
043 |
TRACKED TEXT DESCRIPTION |
Preparation and serving of food and drink; catering of food and drink; lounge, bar, wine bar, snack bar, juice bar, coffee bar, restaurant and cafe services; cocktail lounge, bar, wine bar, snack bar, juice bar,
coffee bar, restaurant and cafe services; rental of dining facilities, provision of room services to hotel guests; rental
of dining facilities |
FINAL DESCRIPTION |
Preparation and serving of food and drink; catering of food and drink; cocktail lounge, bar, wine bar, snack bar, juice bar, coffee
bar, restaurant and cafe services; rental of dining facilities |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use "wines" and "hotels and resorts" apart from the mark as shown. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Daniel E. Stern/ |
SIGNATORY'S NAME |
Daniel E. Stern |
SIGNATORY'S POSITION |
Associate attorney, Fried, Frank, Harris, Shriver & Jacobson, NY Bar member |
SIGNATORY'S PHONE NUMBER |
2128598563 |
DATE SIGNED |
02/14/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Feb 14 11:32:41 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0190214113241687409-88089
070-620e23c7263885f7adde2
bb29eb53dc502de08719952a9
970a14cb38982941498a-N/A-
N/A-20190214112243951646 |
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.
88089070 M WINES AND MILLENNIUM HOTELS AND RESORTS (Stylized and/or with Design, see http://uspto.report/TM/88089070/mark.png) has been amended as
follows:
MARK
Applicant proposes to amend the mark as follows:
Current: M WINES AND MILLENNIUM HOTELS AND RESORTS (Stylized and/or with Design, see http://uspto.report/TM/88089070/mark.png)
Proposed: M WINES MILLENNIUM HOTELS AND RESORTS (Stylized and/or with Design, see
mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the letter "M" stacked on top of the word "WINES" in script, with an "M" logo and the word "MILLENNIUM HOTELS AND RESORTS" underneath.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Wines, alcoholic beverages; fortified wines; spirits; liqueurs; cocktails, bitters, alcoholic extracts, alcoholic essences and digestifs; distilled beverages; cider
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: Wines, alcoholic beverages;
fortified wines;
spirits;
liqueurs;
cocktails, bitters, alcoholic extracts, alcoholic essences and digestifs;
prepared wine cocktails, alcoholic bitters, alcoholic
extracts, alcoholic essences and digestifs;
distilled beverages;
distilled spirit beverages;
cider;
hard ciderClass 033 for Wines, alcoholic beverages; fortified wines; spirits; liqueurs; prepared wine cocktails, alcoholic bitters,
alcoholic extracts, alcoholic essences and digestifs; distilled spirit beverages; hard cider
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Preparation and serving of food and drink; catering of food and drink; lounge, bar, wine bar, snack bar, juice bar, coffee bar, restaurant and cafe services; rental of
dining facilities, provision of room services to hotel guests
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: Preparation and serving of food and drink;
catering of food and drink;
lounge, bar,
wine bar, snack bar, juice bar, coffee bar, restaurant and cafe services;
cocktail lounge, bar, wine bar, snack bar, juice bar, coffee bar, restaurant and cafe
services;
rental of dining facilities, provision of room services to hotel guests;
rental of dining facilitiesClass
043 for Preparation and serving of food and drink; catering of food and drink; cocktail lounge, bar, wine bar, snack bar, juice bar, coffee bar, restaurant and cafe services; rental of dining
facilities
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
Disclaimer
No claim is made to the exclusive right to use "wines" and "hotels and resorts" apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /Daniel E. Stern/ Date: 02/14/2019
Signatory's Name: Daniel E. Stern
Signatory's Position: Associate attorney, Fried, Frank, Harris, Shriver & Jacobson, NY Bar member
Signatory's Phone Number: 2128598563
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: 88089070
Internet Transmission Date: Thu Feb 14 11:32:41 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019021411324168
7409-88089070-620e23c7263885f7adde2bb29e
b53dc502de08719952a9970a14cb38982941498a
-N/A-N/A-20190214112243951646