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 |
88123692 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88123692/mark.png |
| LITERAL ELEMENT |
TASTY |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| ARGUMENT(S) |
| Please see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_20447350-20190702202502719102_._TASTY_in_Class_32.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\236\88123692\xml5\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\881\236\88123692\xml5\ROA0003.JPG |
| ORIGINAL PDF FILE |
evi_20447350-20190702202502719102_._Exhibit_A_32.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\236\88123692\xml5\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\881\236\88123692\xml5\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\881\236\88123692\xml5\ROA0006.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\881\236\88123692\xml5\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\881\236\88123692\xml5\ROA0008.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Argument and Exhibit A. |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
032 |
| DESCRIPTION |
| Beer; juices; bottled water; flavored carbonated beverages; non-alcoholic beverages; preparations for making beverages; and non-dairy
milk |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
032 |
| TRACKED TEXT DESCRIPTION |
Beer; juices; Fruit juices and vegetable
juices; bottled water; flavored carbonated beverages; Non-alcoholic flavored carbonated
beverages; non-alcoholic beverages; Non-alcoholic beverages, namely, carbonated beverages; preparations for making beverages; preparations in the nature of concentrates, syrups and powders used in the making of soft drinks; and non-dairy milk; non-dairy milk, namely, coconut-based beverages not being milk substitutes |
| FINAL DESCRIPTION |
| Beer; Fruit juices and vegetable juices; bottled water; Non-alcoholic flavored carbonated beverages; Non-alcoholic beverages, namely,
carbonated beverages; preparations in the nature of concentrates, syrups and powders used in the making of soft drinks; non-dairy milk, namely, coconut-based beverages not being milk substitutes |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/MMM/ |
| SIGNATORY'S NAME |
Michelle Mancino Marsh |
| SIGNATORY'S POSITION |
Attorney for Applicant, Arent Fox LLP |
| SIGNATORY'S PHONE NUMBER |
(212) 484-3900 |
| DATE SIGNED |
07/02/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Jul 02 21:43:07 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.X.XX.XX-201
90702214307609274-8812369
2-620fa1aca4eecf826bfa7e7
5c7a25f69d5c42a54256578f9
c0c08a8583b91c5d88-N/A-N/
A-20190702202502719102 |
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.
88123692 TASTY (Stylized and/or with Design, see http://uspto.report/TM/88123692/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 Argument and Exhibit A. has been attached.
Original PDF file:
evi_20447350-20190702202502719102_._TASTY_in_Class_32.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_20447350-20190702202502719102_._Exhibit_A_32.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Beer; juices; bottled water; flavored carbonated beverages; non-alcoholic beverages; preparations for making beverages; and non-dairy milk
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: Beer;
juices;
Fruit juices and vegetable juices;
bottled water;
flavored carbonated beverages;
Non-alcoholic flavored carbonated beverages;
non-alcoholic beverages;
Non-alcoholic beverages, namely, carbonated beverages;
preparations for making
beverages;
preparations in the nature of concentrates, syrups and powders used in the making of soft drinks;
and
non-dairy milk;
non-dairy milk, namely, coconut-based beverages not being milk substitutesClass 032 for Beer; Fruit juices and vegetable juices; bottled
water; Non-alcoholic flavored carbonated beverages; Non-alcoholic beverages, namely, carbonated beverages; preparations in the nature of concentrates, syrups and powders used in the making of soft
drinks; non-dairy milk, namely, coconut-based beverages not being milk substitutes
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.
SIGNATURE(S)
Response Signature
Signature: /MMM/ Date: 07/02/2019
Signatory's Name: Michelle Mancino Marsh
Signatory's Position: Attorney for Applicant, Arent Fox LLP
Signatory's Phone Number: (212) 484-3900
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: 88123692
Internet Transmission Date: Tue Jul 02 21:43:07 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.X.XX.XX-201907022143076092
74-88123692-620fa1aca4eecf826bfa7e75c7a2
5f69d5c42a54256578f9c0c08a8583b91c5d88-N
/A-N/A-20190702202502719102
