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 |
88279427 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88279427/mark.png |
LITERAL ELEMENT |
QUATREAU |
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 (current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
(Beers; Non-alcoholic beer flavored beverages; coffee flavored soft drinks; Non-alcoholic beverages containing fruit juices;
Semi-frozen carbonated beverages; Mineral and aerated waters beverages; Aerated mineral waters; Soft drinks; Fruit juices and fruit drinks;Carbonated non-alcoholic drinks; Syrups used in the
preparation of soft drinks; Non-alcoholic cider; Soft drinks, namely, carbonated soft drinks, low calorie soft drinks, non-carbonated soft drinks, all being infused with herbs; Non-alcoholic
beverages flavored with tea |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
719766 |
FOREIGN APPLICATION COUNTRY |
Switzerland |
FOREIGN FILING DATE |
07/27/2018 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
032 |
TRACKED TEXT DESCRIPTION |
(Beers; Beers; Non-alcoholic beer flavored
beverages; coffee flavored soft drinks; Non-alcoholic beverages containing fruit juices; Semi-frozen carbonated
beverages; Mineral and aerated waters beverages; Aerated mineral waters; Soft drinks; Fruit
juices and fruit drinks; Carbonated non-alcoholic drinks; Syrups used in the preparation of soft drinks; Non-alcoholic
cider; Soft drinks, namely, carbonated soft drinks, low calorie soft drinks, non-carbonated soft drinks, all being infused with herbs; Non-alcoholic beverages flavored with tea |
FINAL DESCRIPTION |
Beers; Non-alcoholic beer flavored beverages; coffee flavored soft drinks; Non-alcoholic beverages containing fruit juices; Semi-frozen
carbonated beverages; Mineral and aerated waters beverages; Aerated mineral waters; Soft drinks; Fruit juices and fruit drinks;Carbonated non-alcoholic drinks; Syrups used in the preparation of soft
drinks; Non-alcoholic cider; Soft drinks, namely, carbonated soft drinks, low calorie soft drinks, non-carbonated soft drinks, all being infused with herbs; Non-alcoholic beverages flavored with
tea |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
88279427 |
FOREIGN APPLICATION COUNTRY |
Switzerland |
FOREIGN FILING DATE |
07/27/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
719766 |
FOREIGN REGISTRATION
COUNTRY |
Switzerland |
FOREIGN REGISTRATION
DATE |
07/27/2018 |
FOREIGN EXPIRATION DATE |
07/27/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-18415329218-192036274_._Certificate_of_Translation_HH_QUATREAU.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0002.JPG |
ORIGINAL PDF FILE |
FRU0-18415329218-192036274_._EN_TRA_CH_QUATREAU_registrarion_document.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0006.JPG |
ORIGINAL PDF FILE |
FRU0-18415329218-192036274_._CH_QUATREAU_registrarion_document.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\794\88279427\xml7\ROA0010.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ATTORNEY SECTION (current) |
NAME |
Mark N. Mutterperl |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Zeisler PLLC |
INTERNAL ADDRESS |
Suite 2800 |
STREET |
800 Third Avenue |
CITY |
New York |
STATE |
New York |
POSTAL CODE |
10022 |
COUNTRY |
US |
PHONE |
917 410 7941 |
EMAIL |
Mark@Zeisler-law.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Mark N. Mutterperl |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Zeisler PLLC |
INTERNAL ADDRESS |
Suite 2800 |
STREET |
800 Third Avenue |
CITY |
New York |
STATE |
New York |
POSTAL CODE |
10022 |
COUNTRY |
United States |
PHONE |
917 410 7941 |
EMAIL |
Mark@Zeisler-law.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (current) |
NAME |
Mark N. Mutterperl |
FIRM NAME |
Zeisler PLLC |
INTERNAL ADDRESS |
Suite 2800 |
STREET |
800 Third Avenue |
CITY |
New York |
STATE |
New York |
POSTAL CODE |
10022 |
COUNTRY |
US |
PHONE |
917 410 7941 |
EMAIL |
Mark@Zeisler-law.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Mark N. Mutterperl |
FIRM NAME |
Zeisler PLLC |
INTERNAL ADDRESS |
Suite 2800 |
STREET |
800 Third Avenue |
CITY |
New York |
STATE |
New York |
POSTAL CODE |
10022 |
COUNTRY |
United States |
PHONE |
917 410 7941 |
EMAIL |
Mark@Zeisler-law.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Mark N. Mutterperl/ |
SIGNATORY'S NAME |
Mark N. Mutterperl |
SIGNATORY'S POSITION |
Attorney of record, New York Bar member |
SIGNATORY'S PHONE NUMBER |
917 410 7941 |
DATE SIGNED |
10/09/2019 |
RESPONSE SIGNATURE |
/Mark N. Mutterperl/ |
SIGNATORY'S NAME |
Mark N. Mutterperl |
SIGNATORY'S POSITION |
Attorney of Record, New York Bar member |
SIGNATORY'S PHONE NUMBER |
917 410 7941 |
DATE SIGNED |
10/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Oct 09 19:40:16 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20191009194016331535-8827
9427-610fdb0a4419e850aca5
3d01b2434b111fdbe6296bcc2
48b973921389a2f-N/A-N/A-2
0191009192036274258 |
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.
88279427 QUATREAU(Standard Characters, see http://uspto.report/TM/88279427/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 032 for (Beers; Non-alcoholic beer flavored beverages; coffee flavored soft drinks; Non-alcoholic beverages containing fruit juices; Semi-frozen carbonated beverages; Mineral
and aerated waters beverages; Aerated mineral waters; Soft drinks; Fruit juices and fruit drinks;Carbonated non-alcoholic drinks; Syrups used in the preparation of soft drinks; Non-alcoholic cider;
Soft drinks, namely, carbonated soft drinks, low calorie soft drinks, non-carbonated soft drinks, all being infused with herbs; Non-alcoholic beverages flavored with tea
Original Filing Basis:
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 719766 filed 07/27/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: (Beers;
Beers;
Non-alcoholic beer flavored beverages;
coffee flavored soft drinks;
Non-alcoholic beverages containing fruit juices;
Semi-frozen carbonated beverages;
Mineral and aerated waters beverages;
Aerated mineral waters;
Soft drinks;
Fruit juices and fruit
drinks;
Carbonated non-alcoholic drinks;
Syrups used in the preparation of soft drinks;
Non-alcoholic cider;
Soft drinks, namely, carbonated soft drinks, low calorie soft drinks, non-carbonated soft drinks, all being infused with herbs;
Non-alcoholic beverages
flavored with teaClass 032 for Beers; Non-alcoholic beer flavored beverages; coffee flavored soft drinks; Non-alcoholic beverages containing fruit juices; Semi-frozen carbonated beverages;
Mineral and aerated waters beverages; Aerated mineral waters; Soft drinks; Fruit juices and fruit drinks;Carbonated non-alcoholic drinks; Syrups used in the preparation of soft drinks; Non-alcoholic
cider; Soft drinks, namely, carbonated soft drinks, low calorie soft drinks, non-carbonated soft drinks, all being infused with herbs; Non-alcoholic beverages flavored with tea
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 88279427 filed 07/27/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Switzerland registration number 719766 registered 07/27/2018
with a renewal date of __________ and an expiration date of 07/27/2028 ], 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.
Original PDF file:
FRU0-18415329218-192036274_._Certificate_of_Translation_HH_QUATREAU.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1
Original PDF file:
FRU0-18415329218-192036274_._EN_TRA_CH_QUATREAU_registrarion_document.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Original PDF file:
FRU0-18415329218-192036274_._CH_QUATREAU_registrarion_document.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
The applicant's current attorney information: Mark N. Mutterperl. Mark N. Mutterperl of Zeisler PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
Suite 2800
800 Third Avenue
New York, New York 10022
US
The phone number is 917 410 7941.
The email address is Mark@Zeisler-law.com
The applicants proposed attorney information: Mark N. Mutterperl. Mark N. Mutterperl of Zeisler PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
Suite 2800
800 Third Avenue
New York, New York 10022
United States
The phone number is 917 410 7941.
The email address is Mark@Zeisler-law.com
Mark N. Mutterperl 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: Mark N. Mutterperl. Mark N. Mutterperl of Zeisler PLLC, is located at
Suite 2800
800 Third Avenue
New York, New York 10022
US
The phone number is 917 410 7941.
The email address is Mark@Zeisler-law.com
The applicants proposed correspondence information: Mark N. Mutterperl. Mark N. Mutterperl of Zeisler PLLC, is located at
Suite 2800
800 Third Avenue
New York, New York 10022
United States
The phone number is 917 410 7941.
The email address is Mark@Zeisler-law.com
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Mark N. Mutterperl/ Date: 10/09/2019
Signatory's Name: Mark N. Mutterperl
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 917 410 7941
Response Signature
Signature: /Mark N. Mutterperl/ Date: 10/09/2019
Signatory's Name: Mark N. Mutterperl
Signatory's Position: Attorney of Record, New York Bar member
Signatory's Phone Number: 917 410 7941
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: Mark N. Mutterperl
Zeisler PLLC
Suite 2800
800 Third Avenue
New York, New York 10022
Mailing Address: Mark N. Mutterperl
Zeisler PLLC
Suite 2800
800 Third Avenue
New York, New York 10022
Serial Number: 88279427
Internet Transmission Date: Wed Oct 09 19:40:16 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201910091940163
31535-88279427-610fdb0a4419e850aca53d01b
2434b111fdbe6296bcc248b973921389a2f-N/A-
N/A-20191009192036274258