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. 88095430 HOLA(Standard Characters, see http://uspto.report/TM/88095430/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: argument text and supporting evidence
Original PDF file:
evi_2605a601a99aee0079cc7 9f5d6737f3b-2020041621053 4467452_._Argument_Text.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_2605a601a99aee0079cc7 9f5d6737f3b-2020041621053 4467452_._Evidence_No._1_ -_Specimens_of_Cited_Mark s.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_2605a601a99aee0079cc7 9f5d6737f3b-2020041621053 4467452_._Evidence_No._2_ -_TTB_Wine_Labeling_Requi rements.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_2605a601a99aee0079cc7 9f5d6737f3b-2020041621053 4467452_._proved_Label_Se arch_for_Labels_Including _the_Term__22hola_22.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_2605a601a99aee0079cc7 9f5d6737f3b-2020041621053 4467452_._Evidence_No._4_ -_Google_Translation_of__ 22hola_sol_22.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_2605a601a99aee0079cc7 9f5d6737f3b-2020041621053 4467452_._Evidence_No._5_ -_Registration_Certificat e_of_HOLA_SOL.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 033 for Spirits and liqueurs
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: Spirits and liqueurs; distilled blue agave liquor; mezcalClass 033 for distilled blue agave liquor; mezcal
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Jack Henry Spirits, DBA Jack Henry Spirits, a corporation of Utah, having an address of

            LISA@LUXEMARKETING.NET      1802 S Jordan Pkwy #200
      South Jordan, Utah 84095
      United States
      Email Address: XXXX
      801-999-4459
Proposed: Jack Henry Spirits LLC, a limited liability company legally organized under the laws of Utah, having an address of
      Ste 100
      1682 Reunion Ave
      South Jordan, Utah 84095
      United States
      Email Address: XXXX
      

The owner's/holder's current attorney information: Seth W. Black. Seth W. Black of Dodd Call Black, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      370 S 300 E
      Salt Lake City, Utah 84111
      United States
The docket/reference number is 10000.5.
      The phone number is 4355132664.
      The email address is seth@dcbip.com

The owner's/holder's proposed attorney information: Seth W. Black. Seth W. Black of Black IP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      370 S 300 E
      Salt Lake City, Utah 84111
      United States
The docket/reference number is 10000.5.
      The phone number is 4355132664.
      The email address is seth@blkip.com

Seth W. Black submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Seth W. Black
      PRIMARY EMAIL FOR CORRESPONDENCE: seth@dcbip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@dcbip.com

The docket/reference number is 10000.5.
Correspondence Information (proposed):
      Seth W. Black
      PRIMARY EMAIL FOR CORRESPONDENCE: seth@blkip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@blkip.com

The docket/reference number is 10000.5.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Seth W. Black/     Date: 04/16/2020
Signatory's Name: Seth W. Black
Signatory's Position: Attorney of record, Utah Bar member

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Seth W. Black
   Dodd Call Black, PLLC
   
   370 S 300 E
   Salt Lake City, Utah 84111
Mailing Address:    Seth W. Black
   Black IP, PLLC
   370 S 300 E
   Salt Lake City, Utah 84111
        
Serial Number: 88095430
Internet Transmission Date: Thu Apr 16 21:15:43 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200416211543981450-88095430-
7108cd4c6f17cedf78575ca905794364bc5471e1
1f438a70fc513eebd077bbf696-N/A-N/A-20200
416210534467452