Response to Office Action

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)

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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. 88127492 HIATUS(Standard Characters, see http://uspto.report/TM/88127492/mark.png) has been amended as follows:

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Hiatus Tequila LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      
      #5V23 Waverely Pl
      New York, New York 10003
      United States

      XXXX (authorized)
      646-549-9886
Proposed: Helicopter Kris LLC, DBA Hiatus Tequila LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      #5V
      23 Waverely Pl
      New York, New York 10003
      United States
      XXXX (authorized)
      646-549-9886

ADDITIONAL STATEMENTS
Miscellaneous Statement
Regarding the prior pending application issue. Initially in 2015 I registered the Hiatus brand name for agave spirits with my company Helicopter Kris LLC with application 86824611 while we began the process of creating the product and building out the brand for commercialization. In January of 2016 I trade-mark registered the name in Mexico under Helicopter Kris LLC as well. In 2017 the owner of Application Serial No. 8766415 for Hiatus Brewing contacted me seeking my "consent" to use the name Hiatus Brewing for their beer product. We agreed that they would not be making Tequila/agave spirits or any Spirits with the name Hiatus and that I would not be making any beer under the name Hiatus so I gave him my consent and assurance I would not try and block his application. Due to circumstances out of my control, mainly long delays with the Mexican government to give us our export certification for Hiatus Tequila, we ran out of time to show proof of the brand being in the market in the US before my previous application 86824611 expired. Prior to the expiration I advised our USPTO point of contact, Ronald McMorrow, ronald.mcmorrow@uspto.gov, that we would narrowly miss the window to show proof of the product in the market. At that time I also advised him that a new entity, Hiatus Tequila LLC had been established for the purpose of bringing the product to market and the trade-marked name needed to also be associated with that company, not just Helicopter Kris LLC. Ron advised me that I could reapply includding the new name, and that is exactly what we did. In summary; before the filing date of pending U.S. Application Serial No. 8766415, I had already submitted 86824611 to protect the name for my category which is Agave Spirts and does not conflict with Beer. I gave my consent to the owner of 8766415 as we agreed to not compete in the same categories. I unfortunately had to let 86824611 expire because of delays out of my control with the Mexican Government but before it expired I reapplied with 88127492 clearly showing my intent to continue the process. Our products have now been on the market since December of 2018 in Florida and New York and we recently started conducting business in Missouri. As mentioned, Helicopter Kris LLC (DBA Hiatus Tequila LLC) owns the trademark for Hiatus in Mexico as well, as registered in January 2016.


SIGNATURE(S)
Response Signature
Signature: /Kristopher DeSoto/     Date: 07/01/2019
Signatory's Name: Kristopher DeSoto
Signatory's Position: CEO

Signatory's Phone Number: 6465499886

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88127492
Internet Transmission Date: Mon Jul 01 23:22:02 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190701232202643
338-88127492-620d7188a82f66a3962f95bc088
cdbfaed511373591c2ba1889df1799be3afc70-N
/A-N/A-20190701221145831592