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. 88258179 SYNERGY(Standard Characters, see http://uspto.report/TM/88258179/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Response to Office Action

 

Applicant, Dancin Vineyards, LLC hereby responds to the Office Action dated February 7, 2019, wherein the Examining Attorney refused registration of Applicant’s mark for SYNERGY (Ser. No. 88/258179) on the basis that there is a likelihood of confusion with the registered mark CINERGI (Reg. 2,732,153), pursuant to section 2(d) of the Trademark Act.  In addition the Examiner has indicated the applied-for goods have been misclassfied.

Likelihood of Confusion: Applicant has obtained consent to use and register its SYNERGY mark from Vintage Wine Estates, Inc., the owner of the cited registration.  A copy of the executed Agreement is attached as Exhibit A.

Misclassified Goods: Applicant hereby amends the classification of the applied for goods from Class 32 to Class 33.

In light of the foregoing, the Applicant respectfully requests that the refusal of registration be withdrawn and the application be approved for publication.

EVIDENCE
Evidence in the nature of Consent to Register has been attached.
Original PDF file:
evi_1551301268-20190703141420662419_._Consent_to_Register.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 032 for Alcoholic beverages, except beer; wine

Applicant hereby adds the following class of goods/services to the application:
New: Class 033 (Original Class: 032 ) for Alcoholic beverages, except beer; wine
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)
Response Signature
Signature: /Sheila F. Morrison/     Date: 07/03/2019
Signatory's Name: Sheila Fox Morrison
Signatory's Position: Attorney of Record, Oregon Bar

Signatory's Phone Number: 503-241-2300

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: 88258179
Internet Transmission Date: Wed Jul 03 14:45:01 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019070314450134
8336-88258179-620e8822c5b66f40777eda9690
41f5887de3c0c1d8b3ca46d0de4d12f756fc5322
-N/A-N/A-20190703141420662419