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 |
88114457 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88114457/mark.png |
| LITERAL ELEMENT |
AUGIE'S ALE |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) |
| Please see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_20671224226-20190627173938562439_._E_S_ALE_-_Response_to_Office_Action_Remarks__F3106624x96B9E_.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0003.JPG |
| ORIGINAL PDF FILE |
evi_20671224226-20190627173938562439_._IE_S_ALE_Response_to_Office_Action_Argument__F3106475x96B9E_.pdf |
CONVERTED PDF FILE(S)
(29 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0007.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0008.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0009.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0010.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0011.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0012.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0013.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0014.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0015.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0016.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0017.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0018.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0019.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0020.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0021.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0022.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0023.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0024.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0025.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0026.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0027.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0028.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0029.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0030.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0031.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\144\88114457\xml6\ROA0032.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Remarks in response to Office Action; TSDR printouts mentioned in Remarks |
| GOODS AND/OR SERVICES SECTION (021)(current) |
| INTERNATIONAL CLASS |
021 |
| DESCRIPTION |
| Beverageware; coasters; drink holders; insulated containers, sleeve holders, and carriers for beverages |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (021)(proposed) |
| INTERNATIONAL CLASS |
021 |
| TRACKED TEXT DESCRIPTION |
Beverageware; coasters; leather
coasters; plastic coasters; insulated containers, sleeve holders, and carriers for beverages; coasters, not of paper or textile; drink holders; insulated containers for food or beverages; insulated sleeve holders for beverages; insulated carriers for beverages |
| FINAL DESCRIPTION |
| Beverageware; leather coasters; plastic coasters; coasters, not of paper or textile; drink holders; insulated containers for food or
beverages; insulated sleeve holders for beverages; insulated carriers for beverages |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (025)(current) |
| INTERNATIONAL CLASS |
025 |
| DESCRIPTION |
Clothing |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (025)(proposed) |
| INTERNATIONAL CLASS |
025 |
| TRACKED TEXT DESCRIPTION |
Clothing; Clothing, namely, tops as clothing, sweatshirts,
loungewear, and headwear |
| FINAL DESCRIPTION |
| Clothing, namely, tops as clothing, sweatshirts, loungewear, and headwear |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (032)(no change) |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
Please amend the record to include the following statement: No claim is made to the exclusive right to use ALE in International Classes 21 and
32 apart from the mark as shown. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/NES/ |
| SIGNATORY'S NAME |
Nancy Sabarra |
| SIGNATORY'S POSITION |
Attorney |
| SIGNATORY'S PHONE NUMBER |
212-813-5900 |
| DATE SIGNED |
06/27/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Jun 27 17:50:12 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20190627175012597602-8811
4457-62066fa2baeba6c9cf80
8c7f42bcdb9994d5d37ab968b
fbd582fb5f9aa4188ced8-N/A
-N/A-20190627173938562439 |
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.
88114457 AUGIE'S ALE(Standard Characters, see http://uspto.report/TM/88114457/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 in the nature of Remarks in response to Office Action; TSDR printouts mentioned in Remarks has been attached.
Original PDF file:
evi_20671224226-20190627173938562439_._E_S_ALE_-_Response_to_Office_Action_Remarks__F3106624x96B9E_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_20671224226-20190627173938562439_._IE_S_ALE_Response_to_Office_Action_Argument__F3106475x96B9E_.pdf
Converted PDF file(s) ( 29 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Beverageware; coasters; drink holders; insulated containers, sleeve holders, and carriers for beverages
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: Beverageware;
coasters;
leather coasters;
plastic coasters;
insulated containers, sleeve holders, and carriers for beverages;
coasters, not of paper or
textile;
drink holders;
insulated containers for food or beverages;
insulated sleeve holders for
beverages;
insulated carriers for beveragesClass 021 for Beverageware; leather coasters; plastic coasters; coasters, not of paper or textile; drink
holders; insulated containers for food or beverages; insulated sleeve holders for beverages; insulated carriers for beverages
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 025 for Clothing
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: Clothing;
Clothing, namely, tops as clothing, sweatshirts, loungewear, and headwearClass 025
for Clothing, namely, tops as clothing, sweatshirts, loungewear, and headwear
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
Miscellaneous Statement
Please amend the record to include the following statement: No claim is made to the exclusive right to use ALE in International Classes 21 and 32 apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /NES/ Date: 06/27/2019
Signatory's Name: Nancy Sabarra
Signatory's Position: Attorney
Signatory's Phone Number: 212-813-5900
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: 88114457
Internet Transmission Date: Thu Jun 27 17:50:12 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201906271750125
97602-88114457-62066fa2baeba6c9cf808c7f4
2bcdb9994d5d37ab968bfbd582fb5f9aa4188ced
8-N/A-N/A-20190627173938562439
