Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88091493

DATE:                                12/12/2018

NAME:                               ssettles

NOTE:         

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     for:                                   and entered changes in TRADEUPS

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From: Lewis, Shaila E.
Sent: Wednesday, December 12, 2018 12:21 PM
To: 'Agata Podedworny' <agata@liquid-asset.com>
Subject: RE: Trademark Refusal for SN 88091493

 

Dear Agata,

 

Thank you for your email. The refusal based on likelihood of confusion was issued because the marks are confusingly similar. I am aware of the vodka and gin marks. However, it was determined that confusion would be less likely.

 

I do understand that a lot of time and money has been invested in branding, but at this point, there is no basis to withdraw the refusal. You may argue against the refusal, and if you review the section that explains the basis for the refusal, you may find a solution for overcoming the refusal, but I am unable to provide legal advice, nor am I able to withdraw the refusal. The section discussing the refusal is here: http://tmep.gov.uspto.report/RDMS/TMEP/current#/current/TMEP-1200d1e5036.html.

 

I hope this helps!

 

Kind regards,

 

 

Shaila E. Lewis

Trademark Examining Attorney

Law Office 114

571-270-1527 (tel.)

571-270-2527 (fax)

 

 

 

From: Agata Podedworny [mailto:agata@liquid-asset.com]
Sent: Wednesday, December 12, 2018 10:46 AM
To: Lewis, Shaila E. <Shaila.Lewis@USPTO.GOV>
Subject: Trademark Refusal
Importance: High

 

Good Morning Ms. Lewis-

 

I am writing to you as you are listed as our examining attorney in regards to our application Serial No. 88091493 which was refused for “likelihood of confusion”.

*I have recently submitted a response via the online response to office action link at the USPTO under my filing.

 

The same day the refusal was received, was the same day that we made a disclaimer to the words “ROSE WINE”, and simply stated that the brand name “EDEN” be registered within the Class 33 of products, namely as a “wine” in the category of Alcoholic Beverages.

 

It is being stated that there would be a likelihood of confusion within the category of products as referencing the brand trademarks of the “Eden Cider” Registrations.

 

There are however also:

 

an Eden Vodka (serial # 86399487);

an Eden Gin (86399485),

all which state, under the “goods and services” that they are filed as “Alcoholic Beverages, namely as “vodka” or “gin”.

 

Our Company of Eden Rose wine cannot be confused with being a cider, nor a vodka, nor a gin.

 

We are looking for a resolution to this as we have invested considerable amount of time and branding and would like the refusal reassessed or reexamined please.

 

Thank you in advance-

 

Agata Podedworny

+1.917.608.2966