Response to Office Action

J.W. TUFTS CO.

Midnight Madness Distilling LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88280598
LAW OFFICE ASSIGNED LAW OFFICE 122
MARK SECTION
MARK mark
LITERAL ELEMENT J.W. TUFTS CO.
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 033
DESCRIPTION Spirits
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 018016056
       FOREIGN REGISTRATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
European Union Trademark - EUTM
       FOREIGN REGISTRATION
       DATE
05/17/2019
       FOREIGN EXPIRATION DATE 01/29/2029
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 033
DESCRIPTION Spirits
FILING BASIS Section 1(b)
DELETED FILING BASIS 44(e).
CORRESPONDENCE INFORMATION (current)
NAME MIDNIGHT MADNESS DISTILLING LLC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE ipo@laneip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Midnight Madness Distilling LLC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE ipo@laneip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
SIGNATURE SECTION
DECLARATION SIGNATURE The undersigned has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a signed declaration.
RESPONSE SIGNATURE /Casey S Parzych/
SIGNATORY'S NAME Casey S. Parzych
SIGNATORY'S POSITION President
DATE SIGNED 07/31/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jul 31 15:16:14 ET 2020
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0200731151614111196-88280
598-740e537941af06b915d48
c73d01911c294962021c811fe
e1f2e2c28fcddca1834b-N/A-
N/A-20200731145631791122



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. 88280598 J.W. TUFTS CO.(Standard Characters, see http://uspto.report/TM/88280598/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 033 for Spirits
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018016056 registered 05/17/2019 with a renewal date of __________ and an expiration date of 01/29/2029 ], 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:
Class 033 for Spirits
Deleted Filing Basis: 44(e)
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.
Correspondence Information (current):
      MIDNIGHT MADNESS DISTILLING LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: ipo@laneip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Midnight Madness Distilling LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: ipo@laneip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Casey S Parzych/     Date: 07/31/2020
Signatory's Name: Casey S. Parzych
Signatory's Position: President

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    MIDNIGHT MADNESS DISTILLING LLC
   MIDNIGHT MADNESS DISTILLING LLC
   
   118 N MAIN ST P.O. BOX 173
   TRUMBAUERSVILLE, Pennsylvania 18970
Mailing Address:    Midnight Madness Distilling LLC
   118 N Main St P.O. Box 173
   Trumbauersville, Pennsylvania 18970
        
Serial Number: 88280598
Internet Transmission Date: Fri Jul 31 15:16:14 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020073115161411
1196-88280598-740e537941af06b915d48c73d0
1911c294962021c811fee1f2e2c28fcddca1834b
-N/A-N/A-20200731145631791122



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