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 1966 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Voluntary Amendment
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88114859 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88114859/mark.png |
LITERAL ELEMENT |
COSTA |
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. |
GOODS AND/OR SERVICES SECTION (029)(current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Milk based beverages; yoghurt based beverages; almond based milk beverages; cocoa flavoured milk beverages; yoghurt drinks; milk based
drinks containing fruit juice; milkshakes; none of the aforesaid goods including pastes made of dry fruits, dairy cream, cream for cooking, sour cream or bechamel sauce |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017951419 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
07/09/2018 |
GOODS AND/OR SERVICES SECTION (029)(proposed) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Milk based beverages; yoghurt based beverages; almond based milk beverages; cocoa flavoured milk beverages; yoghurt drinks; milk based
drinks containing fruit juice; milkshakes; none of the aforesaid goods including pastes made of dry fruits, dairy cream, cream for cooking, sour cream or bechamel sauce |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017951419 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/07/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (032)(current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
non-alcoholic fruit juice and water based beverages; ice based fruit drinks; mineral water, carbonated waters; flavored aqueous drinks
namely, squashes, flavored mineral water, soft drinks, soft drinks flavored with tea, carbonated soft drinks, cola, sports drinks, energy drinks; unflavored aqueous drinks namely, water, soda water,
tonic water, coconut water, sparkling water; fruit drinks and fruit juices; fruit drinks and fruit juices; beverages based on fruit and/or fruit juices; powders for the preparation of beverages;
liquid drinks mixers namely, syrups for making flavored drinks, essences for making flavored water (not in the nature of essential oils); syrups; ingredients for preparing drinks, namely, cordials,
essences for making beverages, concentrates for making fruit juices and fruit drinks; none of the aforesaid goods including vegetable juices or tiger nut beverages, namely, horchata |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017951419 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
07/09/2018 |
GOODS AND/OR SERVICES SECTION (032)(proposed) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
non-alcoholic fruit juice and water based beverages; ice based fruit drinks; mineral water, carbonated waters; flavored aqueous drinks
namely, squashes, flavored mineral water, soft drinks, soft drinks flavored with tea, carbonated soft drinks, cola, sports drinks, energy drinks; unflavored aqueous drinks namely, water, soda water,
tonic water, coconut water, sparkling water; fruit drinks and fruit juices; fruit drinks and fruit juices; beverages based on fruit and/or fruit juices; powders for the preparation of beverages;
liquid drinks mixers namely, syrups for making flavored drinks, essences for making flavored water (not in the nature of essential oils); syrups; ingredients for preparing drinks, namely, cordials,
essences for making beverages, concentrates for making fruit juices and fruit drinks; none of the aforesaid goods including vegetable juices or tiger nut beverages, namely, horchata |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017951419 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/07/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Neil B Friedman/ |
SIGNATORY'S NAME |
Neil B Friedman |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
6462187605 |
DATE SIGNED |
07/08/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jul 08 10:15:29 EDT 2019 |
TEAS STAMP |
USPTO/PRA-XXX.XXX.X.X-201
90708101529666503-8811485
9-6208b62daab531c8f09848e
abd8b0a09649e769a421a2b31
e99fa8260242c21d5-N/A-N/A
-20190708101318439577 |
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 1966 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Voluntary Amendment
To the Commissioner for Trademarks:
Application serial no.
88114859 COSTA(Standard Characters, see http://uspto.report/TM/88114859/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Milk based beverages; yoghurt based beverages; almond based milk beverages; cocoa flavoured milk beverages; yoghurt drinks; milk based drinks containing fruit juice;
milkshakes; none of the aforesaid goods including pastes made of dry fruits, dairy cream, cream for cooking, sour cream or bechamel sauce
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017951419 filed 07/09/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed: Class 029 for Milk based beverages; yoghurt based beverages; almond based milk beverages; cocoa flavoured milk beverages; yoghurt drinks; milk based drinks containing fruit juice;
milkshakes; none of the aforesaid goods including pastes made of dry fruits, dairy cream, cream for cooking, sour cream or bechamel sauce
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017951419 filed
09/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for non-alcoholic fruit juice and water based beverages; ice based fruit drinks; mineral water, carbonated waters; flavored aqueous drinks namely, squashes, flavored mineral
water, soft drinks, soft drinks flavored with tea, carbonated soft drinks, cola, sports drinks, energy drinks; unflavored aqueous drinks namely, water, soda water, tonic water, coconut water,
sparkling water; fruit drinks and fruit juices; fruit drinks and fruit juices; beverages based on fruit and/or fruit juices; powders for the preparation of beverages; liquid drinks mixers namely,
syrups for making flavored drinks, essences for making flavored water (not in the nature of essential oils); syrups; ingredients for preparing drinks, namely, cordials, essences for making beverages,
concentrates for making fruit juices and fruit drinks; none of the aforesaid goods including vegetable juices or tiger nut beverages, namely, horchata
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017951419 filed 07/09/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed: Class 032 for non-alcoholic fruit juice and water based beverages; ice based fruit drinks; mineral water, carbonated waters; flavored aqueous drinks namely, squashes, flavored
mineral water, soft drinks, soft drinks flavored with tea, carbonated soft drinks, cola, sports drinks, energy drinks; unflavored aqueous drinks namely, water, soda water, tonic water, coconut water,
sparkling water; fruit drinks and fruit juices; fruit drinks and fruit juices; beverages based on fruit and/or fruit juices; powders for the preparation of beverages; liquid drinks mixers namely,
syrups for making flavored drinks, essences for making flavored water (not in the nature of essential oils); syrups; ingredients for preparing drinks, namely, cordials, essences for making beverages,
concentrates for making fruit juices and fruit drinks; none of the aforesaid goods including vegetable juices or tiger nut beverages, namely, horchata
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017951419 filed
09/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
SIGNATURE(S)
Voluntary Amendment Signature
Signature: /Neil B Friedman/ Date: 07/08/2019
Signatory's Name: Neil B Friedman
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 6462187605
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: 88114859
Internet Transmission Date: Mon Jul 08 10:15:29 EDT 2019
TEAS Stamp: USPTO/PRA-XXX.XXX.X.X-201907081015296665
03-88114859-6208b62daab531c8f09848eabd8b
0a09649e769a421a2b31e99fa8260242c21d5-N/
A-N/A-20190708101318439577