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 |
88198666 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88198666/mark.png |
LITERAL ELEMENT |
PROFUNDO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
033 |
DESCRIPTION |
Rum |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1379460 |
FOREIGN APPLICATION COUNTRY |
Benelux |
FOREIGN FILING DATE |
08/02/2018 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
033 |
TRACKED TEXT DESCRIPTION |
Rum; Cuban Rum |
FINAL DESCRIPTION |
Cuban Rum |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1379460 |
FOREIGN APPLICATION COUNTRY |
Benelux |
FOREIGN FILING DATE |
08/02/2018 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1038153 |
FOREIGN REGISTRATION
COUNTRY |
Benelux |
FOREIGN REGISTRATION
DATE |
11/14/2018 |
FOREIGN EXPIRATION DATE |
08/02/2018 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-2082011602-083829811_._Benelux_Registration.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\986\88198666\xml3\PRA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\986\88198666\xml3\PRA0003.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/David H. Bernstein/ |
SIGNATORY'S NAME |
David H. Bernstein |
SIGNATORY'S POSITION |
Attorney of Record, New York bar member |
SIGNATORY'S PHONE NUMBER |
212-909-6696 |
DATE SIGNED |
12/12/2018 |
RESPONSE SIGNATURE |
/David H. Bernstein/ |
SIGNATORY'S NAME |
David H. Bernstein |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
212-909-6696 |
DATE SIGNED |
12/12/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Dec 12 08:42:13 EST 2018 |
TEAS STAMP |
USPTO/PRA-XXX.XXX.XXX.X-2
0181212084213822198-88198
666-6101c6fb0912087ca9710
a0b1b2a12cf48473c46d4a2e6
1fdedb665d8fb1ac22d-N/A-N
/A-20181212083829811633 |
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.
88198666 PROFUNDO (Stylized and/or with Design, see http://uspto.report/TM/88198666/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 033 for Rum
Original Filing Basis:
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[ Benelux application number 1379460 filed 08/02/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Rum;
Cuban RumClass 033 for Cuban Rum
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 [ Benelux application number 1379460 filed 08/02/2018]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Benelux registration number 1038153 registered 11/14/2018 with
a renewal date of __________ and an expiration date of 08/02/2018 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-2082011602-083829811_._Benelux_Registration.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2
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: /David H. Bernstein/ Date: 12/12/2018
Signatory's Name: David H. Bernstein
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone Number: 212-909-6696
Voluntary Amendment Signature
Signature: /David H. Bernstein/ Date: 12/12/2018
Signatory's Name: David H. Bernstein
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-909-6696
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: 88198666
Internet Transmission Date: Wed Dec 12 08:42:13 EST 2018
TEAS Stamp: USPTO/PRA-XXX.XXX.XXX.X-2018121208421382
2198-88198666-6101c6fb0912087ca9710a0b1b
2a12cf48473c46d4a2e61fdedb665d8fb1ac22d-
N/A-N/A-20181212083829811633