| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88239664 |
| LAW OFFICE ASSIGNED | LAW OFFICE 107 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88239664/mark.png |
| LITERAL ELEMENT | COLLABORATORY |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
In response to the specimen refusal as to Class 33 in the Office Action dated March 16, 2019, Applicant respectfully submits a verified substitute specimen for Applicant’s Class 33 goods, “hard cider.” The substitute specimen was in actual use in commerce for Applicant’s Class 33 goods at least as early as the filing date of the Application. The substitute specimen is comprised of photographs of Applicant’s labels and packaging for the product. These photographs show tap handles used when serving the hard cider to the public as a draw on tap for customer consumption and keg covers that are placed on top of the hard cider casks when it is displayed and/or transported for sale and consumption. Both forms of labels and packaging bear the subject mark. These verified substitute specimen is accompanied by the requisite supporting declaration under 37 C.F.R. Section 2.20 when e-filed.
This response is intended to address the issues raised by the Trademark Examiner. Applicant respectfully submits that the acceptance of the photographs of labels and packaging as valid specimens of use support the use in commerce of the applied for mark for hard cider in Class 033. It is respectfully requested that the foregoing remarks and supporting material satisfy the requirements set forth by the Trademark Examiner in the Office Action and place the Application in condition for registration. The Trademark Examiner is invited to contact the Attorney for Applicant if there are any further issues concerning this application. It is believed that no fee is due. However, the Commissioner is authorized to charge any underpayment owed to Winstead Deposit Account No. 23-2426. |
|
| GOODS AND/OR SERVICES SECTION (033)(current) | |
| INTERNATIONAL CLASS | 033 |
| DESCRIPTION | Hard cider |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 10/06/2017 |
| FIRST USE IN COMMERCE DATE | At least as early as 10/06/2017 |
| GOODS AND/OR SERVICES SECTION (033)(proposed) | |
| INTERNATIONAL CLASS | 033 |
| DESCRIPTION | Hard cider |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 10/06/2017 |
| FIRST USE IN COMMERCE DATE | At least as early as 10/06/2017 |
| STATEMENT TYPE | "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 FILE NAME(S) | |
| ORIGINAL PDF FILE | SPU0-21611746135-20190613170659492263_._Collaboratory_Class_033.pdf |
| CONVERTED PDF FILE(S) (4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\396\88239664\xml4\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\882\396\88239664\xml4\ROA0003.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\882\396\88239664\xml4\ROA0004.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\882\396\88239664\xml4\ROA0005.JPG | |
| SPECIMEN DESCRIPTION | Photographs of hard cider tab handles and keg covers |
| GOODS AND/OR SERVICES SECTION (036)(no change) | |
| GOODS AND/OR SERVICES SECTION (041)(no change) | |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Cathryn A. Berryman/ |
| SIGNATORY'S NAME | Cathryn A. Berryman |
| SIGNATORY'S POSITION | Attorney or record, Texas bar member |
| SIGNATORY'S PHONE NUMBER | 214-745-2172 |
| DATE SIGNED | 06/13/2019 |
| RESPONSE SIGNATURE | /Cathryn A. Berryman/ |
| SIGNATORY'S NAME | Cathryn A. Berryman |
| SIGNATORY'S POSITION | Attorney of record, Texas bar member |
| SIGNATORY'S PHONE NUMBER | 214-745-5172 |
| DATE SIGNED | 06/13/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Jun 13 17:15:05 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XXX- 20190613171505062439-8823 9664-6202a35a355cbd99f4b8 a76225499be9c7f78757a8523 db637cccafd4f277952b-N/A- N/A-20190613170659492263 |
| 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) |
In response to the specimen refusal as to Class 33 in the Office Action dated March 16, 2019, Applicant respectfully submits a verified substitute specimen for Applicant’s Class 33 goods, “hard cider.” The substitute specimen was in actual use in commerce for Applicant’s Class 33 goods at least as early as the filing date of the Application. The substitute specimen is comprised of photographs of Applicant’s labels and packaging for the product. These photographs show tap handles used when serving the hard cider to the public as a draw on tap for customer consumption and keg covers that are placed on top of the hard cider casks when it is displayed and/or transported for sale and consumption. Both forms of labels and packaging bear the subject mark. These verified substitute specimen is accompanied by the requisite supporting declaration under 37 C.F.R. Section 2.20 when e-filed.
This response is intended to address the issues raised by the Trademark Examiner. Applicant respectfully submits that the acceptance of the photographs of labels and packaging as valid specimens of use support the use in commerce of the applied for mark for hard cider in Class 033. It is respectfully requested that the foregoing remarks and supporting material satisfy the requirements set forth by the Trademark Examiner in the Office Action and place the Application in condition for registration. The Trademark Examiner is invited to contact the Attorney for Applicant if there are any further issues concerning this application. It is believed that no fee is due. However, the Commissioner is authorized to charge any underpayment owed to Winstead Deposit Account No. 23-2426.
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.
