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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88240685 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88240685/mark.png |
| LITERAL ELEMENT |
ASGARD |
| 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) |
| Please see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_19593165225-20190305093459281994_._Arguments_and_evidence.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\406\88240685\xml4\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\406\88240685\xml4\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\406\88240685\xml4\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\406\88240685\xml4\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\406\88240685\xml4\ROA0006.JPG |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
033 |
| DESCRIPTION |
| Alcoholic aperitif bitters; Alcoholic beverage produced from a brewed malt base with natural flavors; Alcoholic beverages containing
fruit; Alcoholic beverages except beers; Alcoholic beverages, except beer; Alcoholic beverages, namely, digestifs; Alcoholic beverages, namely, flavor-infused whiskey; Alcoholic bitters; Alcoholic
carbonated beverages, except beer; Alcoholic cocktail mixes; Alcoholic cocktails containing milk; Alcoholic cocktails in the form of chilled gelatins; Alcoholic cocktails in the form of frozen pops;
Alcoholic cocktails in the form of non-chilled gelatins; Alcoholic coffee-based beverage; Alcoholic cordials; Alcoholic egg nog; Alcoholic energy drinks; Alcoholic essences; Alcoholic extracts;
Alcoholic fruit beverages; Alcoholic fruit cocktail drinks; Alcoholic fruit extracts; Alcoholic ice; Alcoholic malt coolers; Alcoholic mixed beverages except beers; Alcoholic punch; Alcoholic
punches; Alcoholic tea-based beverage; Aperitifs with a distilled alcoholic liquor base; Baijiu; Flavored malt-based alcoholic beverages, excluding beers; Fruit extracts, alcoholic; Nira; Pre-mixed
alcoholic beverages, other than beer-based; Prepared alcoholic cocktail; Rice alcohol; Rum |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 03/03/2018 |
| FIRST USE IN COMMERCE DATE |
At least as early as 03/25/2018 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
033 |
| TRACKED TEXT DESCRIPTION |
Alcoholic aperitif bitters; Alcoholic beverage produced from a brewed malt
base with natural flavors; Alcoholic beverages except beers; Alcoholic beverages containing fruit; Alcoholic
beverages, namely, digestifs; Alcoholic beverages, namely, flavor-infused whiskey; Alcoholic beverages, except beer;
Alcoholic bitters; Alcoholic carbonated beverages, except beer; Alcoholic cocktail mixes; Alcoholic cocktails containing milk; Alcoholic cocktails in the form of chilled gelatins; Alcoholic cocktails in the form of frozen
pops; Alcoholic cocktails in the form of non-chilled gelatins; Alcoholic coffee-based beverage; Alcoholic
cordials; Alcoholic egg nog; Alcoholic energy drinks; Alcoholic essences; Alcoholic
extracts; Alcoholic fruit beverages; Alcoholic fruit cocktail drinks; Alcoholic fruit extracts; Alcoholic ice; Alcoholic malt coolers; Alcoholic mixed beverages except beers; Alcoholic punch;
Alcoholic punches; Alcoholic tea-based beverage; Aperitifs with a distilled alcoholic liquor base; Fruit extracts, alcoholic; Prepared alcoholic cocktail; Rice alcohol; Baijiu; Rum; Flavored malt-based alcoholic beverages, excluding beers; Vodka; Nira; Pre-mixed alcoholic beverages, other than beer-based |
| FINAL DESCRIPTION |
| Alcoholic aperitif bitters; Alcoholic beverages except beers; Alcoholic beverages, namely, digestifs; Alcoholic beverages, namely,
flavor-infused whiskey; Alcoholic bitters; Alcoholic carbonated beverages, except beer; Alcoholic cocktail mixes; Alcoholic cocktails containing milk; Alcoholic cocktails in the form of chilled
gelatins; Alcoholic cocktails in the form of frozen pops; Alcoholic cocktails in the form of non-chilled gelatins; Alcoholic coffee-based beverage; Alcoholic cordials; Alcoholic egg nog; Alcoholic
energy drinks; Alcoholic essences; Alcoholic extracts; Alcoholic fruit beverages; Alcoholic fruit cocktail drinks; Alcoholic fruit extracts; Alcoholic ice; Alcoholic malt coolers; Alcoholic mixed
beverages except beers; Alcoholic punch; Alcoholic punches; Alcoholic tea-based beverage; Aperitifs with a distilled alcoholic liquor base; Fruit extracts, alcoholic; Prepared alcoholic cocktail;
Rice alcohol; Rum; Vodka |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 03/03/2018 |
| FIRST USE IN COMMERCE DATE |
At least as early as 03/25/2018 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Nikita Kostromin/ |
| SIGNATORY'S NAME |
Nikita Kostromin |
| SIGNATORY'S POSITION |
Director |
| SIGNATORY'S PHONE NUMBER |
+79155151806 |
| DATE SIGNED |
03/05/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Mar 05 09:42:30 EST 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20190305094230986079-8824
0685-6206c95c81ec916f4dda
7f0b0878400576aa2d491af80
96b6a97c1754de48378-N/A-N
/A-20190305093459281994 |
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.
88240685 ASGARD(Standard Characters, see http://uspto.report/TM/88240685/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Original PDF file:
evi_19593165225-20190305093459281994_._Arguments_and_evidence.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Alcoholic aperitif bitters; Alcoholic beverage produced from a brewed malt base with natural flavors; Alcoholic beverages containing fruit; Alcoholic beverages except
beers; Alcoholic beverages, except beer; Alcoholic beverages, namely, digestifs; Alcoholic beverages, namely, flavor-infused whiskey; Alcoholic bitters; Alcoholic carbonated beverages, except beer;
Alcoholic cocktail mixes; Alcoholic cocktails containing milk; Alcoholic cocktails in the form of chilled gelatins; Alcoholic cocktails in the form of frozen pops; Alcoholic cocktails in the form of
non-chilled gelatins; Alcoholic coffee-based beverage; Alcoholic cordials; Alcoholic egg nog; Alcoholic energy drinks; Alcoholic essences; Alcoholic extracts; Alcoholic fruit beverages; Alcoholic
fruit cocktail drinks; Alcoholic fruit extracts; Alcoholic ice; Alcoholic malt coolers; Alcoholic mixed beverages except beers; Alcoholic punch; Alcoholic punches; Alcoholic tea-based beverage;
Aperitifs with a distilled alcoholic liquor base; Baijiu; Flavored malt-based alcoholic beverages, excluding beers; Fruit extracts, alcoholic; Nira; Pre-mixed alcoholic beverages, other than
beer-based; Prepared alcoholic cocktail; Rice alcohol; Rum
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/03/2018 and first used in commerce at least as early as 03/25/2018 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Alcoholic aperitif bitters;
Alcoholic beverage produced from a brewed malt base with natural flavors;
Alcoholic beverages except beers;
Alcoholic beverages containing fruit;
Alcoholic beverages, namely,
digestifs;
Alcoholic beverages, namely, flavor-infused whiskey;
Alcoholic beverages, except beer;
Alcoholic
bitters;
Alcoholic carbonated beverages, except beer;
Alcoholic cocktail mixes;
Alcoholic cocktails containing
milk;
Alcoholic cocktails in the form of chilled gelatins;
Alcoholic cocktails in the form of frozen pops;
Alcoholic
cocktails in the form of non-chilled gelatins;
Alcoholic coffee-based beverage;
Alcoholic cordials;
Alcoholic egg
nog;
Alcoholic energy drinks;
Alcoholic essences;
Alcoholic extracts;
Alcoholic fruit
beverages;
Alcoholic fruit cocktail drinks;
Alcoholic fruit extracts;
Alcoholic ice;
Alcoholic malt coolers;
Alcoholic mixed beverages except beers;
Alcoholic punch;
Alcoholic punches;
Alcoholic tea-based beverage;
Aperitifs with a distilled alcoholic liquor base;
Fruit extracts, alcoholic;
Prepared alcoholic cocktail;
Rice alcohol;
Baijiu;
Rum;
Flavored malt-based alcoholic beverages, excluding beers;
Vodka;
Nira;
Pre-mixed alcoholic beverages, other than beer-basedClass 033 for Alcoholic aperitif bitters; Alcoholic beverages except beers; Alcoholic beverages, namely, digestifs; Alcoholic
beverages, namely, flavor-infused whiskey; Alcoholic bitters; Alcoholic carbonated beverages, except beer; Alcoholic cocktail mixes; Alcoholic cocktails containing milk; Alcoholic cocktails in the
form of chilled gelatins; Alcoholic cocktails in the form of frozen pops; Alcoholic cocktails in the form of non-chilled gelatins; Alcoholic coffee-based beverage; Alcoholic cordials; Alcoholic egg
nog; Alcoholic energy drinks; Alcoholic essences; Alcoholic extracts; Alcoholic fruit beverages; Alcoholic fruit cocktail drinks; Alcoholic fruit extracts; Alcoholic ice; Alcoholic malt coolers;
Alcoholic mixed beverages except beers; Alcoholic punch; Alcoholic punches; Alcoholic tea-based beverage; Aperitifs with a distilled alcoholic liquor base; Fruit extracts, alcoholic; Prepared
alcoholic cocktail; Rice alcohol; Rum; Vodka
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/03/2018 and first used in commerce at least as early as 03/25/2018 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Nikita Kostromin/ Date: 03/05/2019
Signatory's Name: Nikita Kostromin
Signatory's Position: Director
Signatory's Phone Number: +79155151806
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: 88240685
Internet Transmission Date: Tue Mar 05 09:42:30 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201903050942309
86079-88240685-6206c95c81ec916f4dda7f0b0
878400576aa2d491af8096b6a97c1754de48378-
N/A-N/A-20190305093459281994
