TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

---

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88124402 BOTTLEKEEPER (Stylized and/or with Design, see http://uspto.report/TM/88124402/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 021 for Portable beverage container holders; containers for housing bottled and canned liquids, namely, portable insulated beverage holders; insulated beverage containers; bottle openers
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.

In International Class 021, the mark was first used at least as early as 11/30/2018 and first used in commerce at least as early as 11/30/2018 .

Proposed: Class 021 for Portable beverage container holders; containers for housing bottled and canned liquids, namely, portable insulated beverage holders; insulated beverage containers; bottle openers
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.

In International Class 021, the mark was first used at least as early as 11/30/2018 . and first used in commerce at least as early as 11/30/2018 .

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, t-shirts, shirts, tank tops, long-sleeved shirts, sweatshirts, hooded sweatshirts, jackets, shorts, sweatpants, leggings, baseball caps, caps with visors, beanies
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.

In International Class 025, the mark was first used at least as early as 12/31/2018 and first used in commerce at least as early as 12/31/2018 .

Proposed: Class 025 for Clothing, namely, t-shirts, shirts, tank tops, long-sleeved shirts, sweatshirts, hooded sweatshirts, jackets, shorts, sweatpants, leggings, baseball caps, caps with visors, beanies

Deleted Filing Basis: 1(b)
In International Class 025, the mark was first used at least as early as 12/31/2018 . and first used in commerce at least as early as 12/31/2018 .

Applicant hereby submits one(or more) specimen(s) for Class 025 .
"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 File1
Specimen File2
Specimen File3

The applicant's current attorney information: Lori S. Meddings. Lori S. Meddings of Quarles & Brady LLP, is located at

      33 East Main Street, Suite 900
      Madison, Wisconsin 53703-3095
      US
The docket/reference number is 168824.

The phone number is 608-283-2653.

The email address is tm-dept@quarles.com

The applicants proposed attorney information: Lori S. Meddings. Other appointed attorneys are Lori S. Meddings, Hillary J. Wucherer, Joel E. Tragesser, Nicole M. Murray, Marta S. Levine, Bennett J. Berson, Heather L. Buchta, Omotara Akinwande, Jordan R. Downham, Li Zhu, Katelin V. Drass, Megan Q. Peccarelli. Lori S. Meddings of Quarles & Brady LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      33 East Main Street, Suite 900
      Madison, Wisconsin 53703-3095
      United States
The docket/reference number is 168824.00016.

The phone number is 608-283-2653.

The email address is tm-dept@quarles.com

Lori S. Meddings 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.
The applicant's current correspondence information: Lori S. Meddings. Lori S. Meddings of Quarles & Brady LLP, is located at

      33 East Main Street, Suite 900
      Madison, Wisconsin 53703-3095
      US
The docket/reference number is 168824.

The phone number is 608-283-2653.

The email address is tm-dept@quarles.com

The applicants proposed correspondence information: Lori S. Meddings. Lori S. Meddings of Quarles & Brady LLP, is located at

      33 East Main Street, Suite 900
      Madison, Wisconsin 53703-3095
      United States
The docket/reference number is 168824.00016.

The phone number is 608-283-2653.

The email address is tm-dept@quarles.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a circular shape made up of four varying shades of light blue, ending with white at the bottom. The upper half of the circular shape is slightly darker than the shade of blue directly beneath it, and "BOTTLEKEEPER" appears to the right in white. The black in the mark represents transparent area and is not a part of the mark.

SIGNATURE(S)
Declaration Signature

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.

Signature: /lori s. meddings/      Date: 10/03/2019
Signatory's Name: Lori S. Meddings
Signatory's Position: Attorney of Record
Signatory's Phone Number: 608-283-2653


Request for Reconsideration Signature
Signature: /Omotara Akinwande/     Date: 10/03/2019
Signatory's Name: Omotara Akinwande
Signatory's Position: Associate Attorney, Quarles & Brady LLP, Illinois Bar Member

Signatory's Phone Number: 3127152760

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Lori S. Meddings
   Quarles & Brady LLP
   
   33 East Main Street, Suite 900
   Madison, Wisconsin 53703-3095
Mailing Address:    Lori S. Meddings
   Quarles & Brady LLP
   33 East Main Street, Suite 900
   Madison, Wisconsin 53703-3095
        
Serial Number: 88124402
Internet Transmission Date: Thu Oct 03 13:08:50 EDT 2019
TEAS Stamp: USPTO/RFR-X.XX.XXX.XXX-20191003130850684
775-88124402-610419111bbb7c986ae69112e17
c61698c2dbd7f94f2d3e38eaafd940a5291b538f
-N/A-N/A-20191002174208238842