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. 88264431 AXIA(Standard Characters, see http://uspto.report/TM/88264431/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 025 for Clothing; footwear; headgear; belts (clothing); wristbands
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332614 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/20/2028 ], 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.

Proposed:
Tracked Text Description: Clothing; Clothing, namely, pants, jeans, coats, shorts, swimwear, bandanas, shirts and t-shirts; footwear; headgear; Headwear, namely hats and caps; belts (clothing); belts as clothing; wristbands; wristbands as clothingClass 025 for Clothing, namely, pants, jeans, coats, shorts, swimwear, bandanas, shirts and t-shirts; footwear; Headwear, namely hats and caps; belts as clothing; wristbands as clothing
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332614 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Beers; ale, stout and porter; low alcoholic beverages; non-alcoholic beverages; mineral and aerated waters and other non-alcoholic beverages; alcohol-free cider; fruit drinks and fruit juices; syrups and other preparations for making beverages
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332614 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/20/2028 ], 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.

Proposed:
Tracked Text Description: Beers; ale, stout and porter; low alcoholic beverages; mineral and aerated waters and other non-alcoholic beverages, namely, carbonated beverages; non-alcoholic beverages; alcohol-free cider; mineral and aerated waters and other non-alcoholic beverages; fruit drinks and fruit juices; preparations for making beverages, namely, syrups used in the preparation of sports and energy drinks, soft drinks; syrups and other preparations for making beveragesClass 032 for Beers; ale, stout and porter; mineral and aerated waters and other non-alcoholic beverages, namely, carbonated beverages; alcohol-free cider; fruit drinks and fruit juices; preparations for making beverages, namely, syrups used in the preparation of sports and energy drinks, soft drinks
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332614 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Alcoholic beverages; wines; spirits; fortified wines; whisky; gin; vodka ciders; port; brandy; rum; rum-based beverages; eau de vie; liqueurs; alcopops; alcoholic cocktails; alcoholic extracts; alcoholic essences; alcoholic beverages containing fruit; bitters
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332614 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/20/2028 ], 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.

Proposed:
Tracked Text Description: Alcoholic beverages; Alcoholic beverages except beers; wines; spirits; fortified wines; whisky; gin; vodka ciders; hard cider, namely, vodka ciders; port; brandy; rum; rum-based beverages; eau de vie; liqueurs; alcopops; alcoholic cocktails; prepared alcoholic cocktails; alcoholic extracts; alcoholic essences; alcoholic beverages containing fruit; bitters; alcoholic bittersClass 033 for Alcoholic beverages except beers; wines; spirits; fortified wines; whisky; gin; hard cider, namely, vodka ciders; port; brandy; rum; rum-based beverages; eau de vie; liqueurs; alcopops; prepared alcoholic cocktails; alcoholic extracts; alcoholic essences; alcoholic beverages containing fruit; alcoholic bitters
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332614 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

The applicant's current attorney information: Elizabeth A. Cominolli. Elizabeth A. Cominolli of BARCLAY DAMON LLP, is located at

      1270 AVENUE OF THE AMERICAS, SUITE 600
      NEW YORK, New York 10020
      US
The docket/reference number is AXIA.

The phone number is 212-784-5800.

The fax number is 212-784-5777.

The email address is ip@barclaydamon.com

The applicants proposed attorney information: Elizabeth A. Cominolli. Other appointed attorneys are Kaleigh P. Morrison, Denis J. Sullivan, Michael A. Oropallo, Peter J. Bilinski, and Susan S. Laluk. Elizabeth A. Cominolli of BARCLAY DAMON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 600
      1270 AVENUE OF THE AMERICAS, SUITE 600
      NEW YORK, New York 10020
      United States
The docket/reference number is 3097394.

The phone number is 212-784-5800.

The fax number is 212-784-5777.

The email address is ip@barclaydamon.com

Elizabeth A. Cominolli submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ELIZABETH A. COMINOLLI. ELIZABETH A. COMINOLLI of BARCLAY DAMON LLP, is located at

      1270 AVENUE OF THE AMERICAS, SUITE 600
      NEW YORK, New York 10020
      US
The docket/reference number is AXIA.

The phone number is 212-784-5800.

The fax number is 212-784-5777.

The email address is ip@barclaydamon.com

The applicants proposed correspondence information: Elizabeth A. Cominolli. Elizabeth A. Cominolli of BARCLAY DAMON LLP, is located at

      Suite 600
      1270 AVENUE OF THE AMERICAS, SUITE 600
      NEW YORK, New York 10020
      United States
The docket/reference number is 3097394.

The phone number is 212-784-5800.

The fax number is 212-784-5777.

The email address is ip@barclaydamon.com

SIGNATURE(S)
Response Signature
Signature: /KPM/     Date: 09/23/2019
Signatory's Name: Kaleigh P. Morrison
Signatory's Position: Attorney for Applicant, Barclay Damon LLP, New York Bar Member

Signatory's Phone Number: 315-425-2878

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.

Mailing Address:    ELIZABETH A. COMINOLLI
   BARCLAY DAMON LLP
   
   1270 AVENUE OF THE AMERICAS, SUITE 600
   NEW YORK, New York 10020
Mailing Address:    Elizabeth A. Cominolli
   BARCLAY DAMON LLP
   Suite 600
   1270 AVENUE OF THE AMERICAS, SUITE 600
   NEW YORK, New York 10020
        
Serial Number: 88264431
Internet Transmission Date: Mon Sep 23 16:11:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909231611179
85346-88264431-610ab337a45acf81d25255efe
d84c94256eb257173ac11931491874e8a5ffffd-
N/A-N/A-20190923152725693769