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 |
88264431 |
LAW OFFICE ASSIGNED |
LAW OFFICE 121 |
MARK SECTION |
MARK |
http://uspto.report/TM/88264431/mark.png |
LITERAL ELEMENT |
AXIA |
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. |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing; footwear; headgear; belts (clothing); wristbands |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
UK0000332614 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
10/12/2018 |
FOREIGN EXPIRATION DATE |
07/20/2028 |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
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 clothing |
FINAL DESCRIPTION |
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) |
FOREIGN REGISTRATION NUMBER |
UK0000332614 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
10/12/2018 |
FOREIGN EXPIRATION DATE |
07/20/2028 |
GOODS AND/OR SERVICES SECTION (032)(current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
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 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
UK0000332614 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
10/12/2018 |
FOREIGN EXPIRATION DATE |
07/20/2028 |
GOODS AND/OR SERVICES SECTION (032)(proposed) |
INTERNATIONAL CLASS |
032 |
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 beverages |
FINAL DESCRIPTION |
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) |
FOREIGN REGISTRATION NUMBER |
UK0000332614 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
10/12/2018 |
FOREIGN EXPIRATION DATE |
07/20/2028 |
GOODS AND/OR SERVICES SECTION (033)(current) |
INTERNATIONAL CLASS |
033 |
DESCRIPTION |
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 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
UK0000332614 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
10/12/2018 |
FOREIGN EXPIRATION DATE |
07/20/2028 |
GOODS AND/OR SERVICES SECTION (033)(proposed) |
INTERNATIONAL CLASS |
033 |
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 bitters |
FINAL DESCRIPTION |
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) |
FOREIGN REGISTRATION NUMBER |
UK0000332614 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
10/12/2018 |
FOREIGN EXPIRATION DATE |
07/20/2028 |
ATTORNEY SECTION (current) |
NAME |
Elizabeth A. Cominolli |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
BARCLAY DAMON LLP |
STREET |
1270 AVENUE OF THE AMERICAS, SUITE 600 |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10020 |
COUNTRY |
US |
PHONE |
212-784-5800 |
FAX |
212-784-5777 |
EMAIL |
ip@barclaydamon.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
AXIA |
ATTORNEY SECTION (proposed) |
NAME |
Elizabeth A. Cominolli |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
BARCLAY DAMON LLP |
INTERNAL ADDRESS |
Suite 600 |
STREET |
1270 AVENUE OF THE AMERICAS, SUITE 600 |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10020 |
COUNTRY |
United States |
PHONE |
212-784-5800 |
FAX |
212-784-5777 |
EMAIL |
ip@barclaydamon.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
3097394 |
OTHER APPOINTED ATTORNEY |
Kaleigh P. Morrison, Denis J. Sullivan, Michael A. Oropallo, Peter J. Bilinski, and Susan S. Laluk |
CORRESPONDENCE SECTION (current) |
NAME |
ELIZABETH A. COMINOLLI |
FIRM NAME |
BARCLAY DAMON LLP |
STREET |
1270 AVENUE OF THE AMERICAS, SUITE 600 |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10020 |
COUNTRY |
US |
PHONE |
212-784-5800 |
FAX |
212-784-5777 |
EMAIL |
ip@barclaydamon.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
AXIA |
CORRESPONDENCE SECTION (proposed) |
NAME |
Elizabeth A. Cominolli |
FIRM NAME |
BARCLAY DAMON LLP |
INTERNAL ADDRESS |
Suite 600 |
STREET |
1270 AVENUE OF THE AMERICAS, SUITE 600 |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10020 |
COUNTRY |
United States |
PHONE |
212-784-5800 |
FAX |
212-784-5777 |
EMAIL |
ip@barclaydamon.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
3097394 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/KPM/ |
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 |
DATE SIGNED |
09/23/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Sep 23 16:11:17 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190923161117985346-8826
4431-610ab337a45acf81d252
55efed84c94256eb257173ac1
1931491874e8a5ffffd-N/A-N
/A-20190923152725693769 |
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