Post Publication Amendment

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 1771 (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 1771 (Rev 10/2011)

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

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88227743 ADVOCATE(Standard Characters, see http://uspto.report/TM/88227743/mark.png) has been amended as follows:

EXPLANATION OF FILING

Pursuant to a Trademark Consent and Coexistence Agreement, Applicant hereby amends the instant application to delete "non-alcoholized wines" from the description of goods.

With this amendment, Applicant respectfully requests that the application proceed to Allowance.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for drinking water; drinking water with vitamins; spring water; mineral water; tonic water; soda water; glacial water; maple water, birch water; flavor enhanced water; seltzer water; coconut water; guarana drinks; aloe vera drinks; sports drinks, namely, performance drinks, recovery drinks; soft drinks; vegetable drinks; non-alcoholic fruit juice beverages, sparkling fruit juice beverages, punches and ciders; non-alcoholic aperitifs, cocktails, cordials, malt beverages, malt coolers and beer; non-alcoholic beer flavored beverages; non-alcoholized wines; non-alcoholic honey-based beverages; carbonated non-alcoholic drinks; non-alcoholic cocktail mixes and bases; non-alcoholic cocktails, namely, mocktails; isotonic non-alcoholic drinks; non-alcoholic distilled spirits; kvass; essences for making non-alcoholic beverages; non-alcoholic cactus-based beverages; non-alcoholic water-based beverages; non-carbonated, non-alcoholic frozen flavored beverages; non-alcoholic beverages flavored with tea; non-alcoholic beverages flavored with coffee; non-alcoholic rice-based beverages not being milk substitutes; non-alcoholic coconut-based beverages not being milk substitutes; non-alcoholic peanut-based beverages not being a milk substitute; fruit-based beverages, non-alcoholic beverages containing fruit juices, non-alcoholic fruit juice beverages, vegetable juices, vegetable-fruit juices and smoothies; non-alcoholic water-based beverages also containing herbal extracts
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: drinking water; drinking water with vitamins; spring water; mineral water; tonic water; soda water; glacial water; maple water, birch water; flavor enhanced water; seltzer water; coconut water; guarana drinks; aloe vera drinks; sports drinks, namely, performance drinks, recovery drinks; soft drinks; vegetable drinks; non-alcoholic fruit juice beverages, sparkling fruit juice beverages, punches and ciders; non-alcoholic aperitifs, cocktails, cordials, malt beverages, malt coolers and beer; non-alcoholic beer flavored beverages; non-alcoholized wines; non-alcoholic honey-based beverages; carbonated non-alcoholic drinks; non-alcoholic cocktail mixes and bases; non-alcoholic cocktails, namely, mocktails; isotonic non-alcoholic drinks; non-alcoholic distilled spirits; kvass; essences for making non-alcoholic beverages; non-alcoholic cactus-based beverages; non-alcoholic water-based beverages; non-carbonated, non-alcoholic frozen flavored beverages; non-alcoholic beverages flavored with tea; non-alcoholic beverages flavored with coffee; non-alcoholic rice-based beverages not being milk substitutes; non-alcoholic coconut-based beverages not being milk substitutes; non-alcoholic peanut-based beverages not being a milk substitute; fruit-based beverages, non-alcoholic beverages containing fruit juices, non-alcoholic fruit juice beverages, vegetable juices, vegetable-fruit juices and smoothies; non-alcoholic water-based beverages also containing herbal extractsClass 032 for drinking water; drinking water with vitamins; spring water; mineral water; tonic water; soda water; glacial water; maple water, birch water; flavor enhanced water; seltzer water; coconut water; guarana drinks; aloe vera drinks; sports drinks, namely, performance drinks, recovery drinks; soft drinks; vegetable drinks; non-alcoholic fruit juice beverages, sparkling fruit juice beverages, punches and ciders; non-alcoholic aperitifs, cocktails, cordials, malt beverages, malt coolers and beer; non-alcoholic beer flavored beverages; non-alcoholic honey-based beverages; carbonated non-alcoholic drinks; non-alcoholic cocktail mixes and bases; non-alcoholic cocktails, namely, mocktails; isotonic non-alcoholic drinks; non-alcoholic distilled spirits; kvass; essences for making non-alcoholic beverages; non-alcoholic cactus-based beverages; non-alcoholic water-based beverages; non-carbonated, non-alcoholic frozen flavored beverages; non-alcoholic beverages flavored with tea; non-alcoholic beverages flavored with coffee; non-alcoholic rice-based beverages not being milk substitutes; non-alcoholic coconut-based beverages not being milk substitutes; non-alcoholic peanut-based beverages not being a milk substitute; fruit-based beverages, non-alcoholic beverages containing fruit juices, non-alcoholic fruit juice beverages, vegetable juices, vegetable-fruit juices and smoothies; non-alcoholic water-based beverages also containing herbal extracts
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)

Signature: /charles p. bacall/     Date: 09/26/2019
Signatory's Name: Charles P. Bacall
Signatory's Position: Attorney of record, Maine bar member

Signatory's Phone Number: 207-774-4000

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.

        
Serial Number: 88227743
Internet Transmission Date: Thu Sep 26 10:15:38 EDT 2019
TEAS Stamp: USPTO/PPA-XX.XXX.XXX.XXX-201909261015380
47065-88227743-610776d7ed6594ce849dc97cd
e18799b32e6c3423db8b4b62140a44c28371c24f
-N/A-N/A-20190925131453051091