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 | 88096295 |
LAW OFFICE ASSIGNED | LAW OFFICE 122 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88096295/mark.png |
LITERAL ELEMENT | CHIHUAHUA CERVEZA |
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 image of a dog's head and shoulders. The dog has a tongue sticking out to its right. The dog is wearing a collar with studs and a ring. There is a concentric circle design placed around the dog's image with the dog's ears sticking out of the top half of the circle. Below the design elements are the words "CHIHUAHUA CERVEZA". The word "CHIHUAHUA" is in stylized uppercase letters stacked above the word "CERVEZA" in smaller upper case letters. The word "CERVEZA" is flanked by two black horizontal lines. |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 032 |
DESCRIPTION | Beer |
FIRST USE ANYWHERE DATE | At least as early as 11/19/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 04/02/2019 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 032 |
DESCRIPTION | Beer |
FIRST USE ANYWHERE DATE | At least as early as 11/19/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 04/02/2019 |
STATEMENT TYPE | "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]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\880\962\88096295\xml16 \ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT 17\880\962\88096295\xml16 \ROA0003.JPG | |
\\TICRS\EXPORT17\IMAGEOUT 17\880\962\88096295\xml16 \ROA0004.JPG | |
\\TICRS\EXPORT17\IMAGEOUT 17\880\962\88096295\xml16 \ROA0005.JPG | |
\\TICRS\EXPORT17\IMAGEOUT 17\880\962\88096295\xml16 \ROA0006.JPG | |
SPECIMEN DESCRIPTION | photographs of packaging and containers for the beer and of a beer spigot (point-of-sale for the goods) |
DELETED FILING BASIS | 1(b) |
ADDITIONAL STATEMENTS SECTION | |
MISCELLANEOUS STATEMENT | The Examiner has issued an office action rejecting the specimen submitted by Applicant. Please note that the USPTO recently accepted the same specimen for an application for a version of Applicant's mark in color, Ser. No. 87/852497. Although Applicant believes that the originally submitted specimen was sufficient, with this office action response, Applicant is supplying additional specimens showing use of Applicant's mark in connection with the designated goods, namely, beer. All specimens were in use in commerce prior to the expiration of the filing deadline for a statement of use. |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /catherine e maxson/ |
SIGNATORY'S NAME | Catherine E. Maxson |
SIGNATORY'S POSITION | Attorney of record, Washington bar member |
SIGNATORY'S PHONE NUMBER | 206-757-8098 |
DATE SIGNED | 06/03/2019 |
RESPONSE SIGNATURE | /catherine e maxson/ |
SIGNATORY'S NAME | Catherine E. Maxson |
SIGNATORY'S POSITION | Attorney of record, Washington bar member |
SIGNATORY'S PHONE NUMBER | 206-757-8098 |
DATE SIGNED | 06/03/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Jun 03 18:30:04 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20190603183004066289-8809 6295-620c764d6bad8c7a45a7 bcadbb6eeb59df89329195424 01b9b9e03dfa21fb56e-N/A-N /A-20190603173218560072 |
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.