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. 88273469 GLITTER MOON(Standard Characters, see http://uspto.report/TM/88273469/mark.png) has been amended as follows:

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

See attached PDF file for legal discussion.


EVIDENCE
Evidence in the nature of Legal discussion; Exh A _ Glitter Moon _ Substitute Specimen; Exh B _ Packing Slip - #1221 Morris_Redacted; Exh C _ Packing Slip - #1521 Global Craft_Redacted; Exh D _ Instagram _ Glitter Moon; Exh E _ Revision Brewing website _ Distributor Map; Exh F _ Revision Brewing website _ On Tap has been attached.
Original PDF file:
evi_7510110650-20191014160650034121_._Exh_A___Glitter_Moon___Substitute_Specimen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110650-20191014160650034121_._Exh_B___Packing_Slip_-__1221_Morris_Redacted.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110650-20191014160650034121_._Exh_C___Packing_Slip_-__1521_Global_Craft_Redacted.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110650-20191014160650034121_._Exh_D___Instagram___Glitter_Moon.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110650-20191014160650034121_._Exh_E___Revision_Brewing_website___Distributor_Map.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110650-20191014160650034121_._Exh_F___Revision_Brewing_website___On_Tap.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110650-20191014160650034121_._GLITTER_MOON_RTOA1_Legal_Discussion_v01.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Beer
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 02/07/2018 and first used in commerce at least as early as 02/07/2018 , and is now in use in such commerce.

Proposed: Class 032 for Beer
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 02/07/2018 and first used in commerce at least as early as 02/07/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 032 . The specimen(s) submitted consists of image of label on beer can .
"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].
Original PDF file:
SPU0-7510110650-20191014160650034121_._Exh_A___Glitter_Moon___Substitute_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Warren L. Dranit. Warren L. Dranit of SPAULDING MCCULLOUGH & TANSIL LLP, is located at

      SUITE 200
      90 SOUTH E STREET
      SANTA ROSA, California 95404
      US
The docket/reference number is 13899.

The phone number is 707-524-1900.

The fax number is 7075241906.

The email address is dranit@smlaw.com

The applicants proposed attorney information: Warren L. Dranit. Warren L. Dranit of SPAULDING MCCULLOUGH & TANSIL LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 200
      90 SOUTH E STREET
      SANTA ROSA, California 95404
      United States
The docket/reference number is 13899.

The phone number is 707-524-1900.

The fax number is 7075241906.

The email address is dranit@smlaw.com

Warren L. Dranit 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: WARREN L. DRANIT. WARREN L. DRANIT of SPAULDING MCCULLOUGH & TANSIL LLP, is located at

      SUITE 200
      90 SOUTH E STREET
      SANTA ROSA, California 95404
      US
The docket/reference number is 13899.

The phone number is 707-524-1900.

The fax number is 7075241906.

The email address is dranit@smlaw.com

The applicants proposed correspondence information: Warren L. Dranit. Warren L. Dranit of SPAULDING MCCULLOUGH & TANSIL LLP, is located at

      SUITE 200
      90 SOUTH E STREET
      SANTA ROSA, California 95404
      United States
The docket/reference number is 13899.

The phone number is 707-524-1900.

The fax number is 7075241906.

The email address is dranit@smlaw.com

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /wld/     Date: 10/14/2019
Signatory's Name: Warren L. Dranit
Signatory's Position: Attoreny of record, State Bar of California member

Signatory's Phone Number: 707.524.1900

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:    WARREN L. DRANIT
   SPAULDING MCCULLOUGH & TANSIL LLP
   SUITE 200
   90 SOUTH E STREET
   SANTA ROSA, California 95404
Mailing Address:    Warren L. Dranit
   SPAULDING MCCULLOUGH & TANSIL LLP
   SUITE 200
   90 SOUTH E STREET
   SANTA ROSA, California 95404
        
Serial Number: 88273469
Internet Transmission Date: Mon Oct 14 16:22:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019101416220514
1296-88273469-610be658ab39f02db07442e137
77b7ddf2dd77a1d415c265e62a16d7746fbf0f8-
N/A-N/A-20191014160650034121