Response to Office Action

HAWKES DEAD AND BERRIED

BrewDog plc

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 88323476
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK http://uspto.report/TM/88323476/mark.png
LITERAL ELEMENT HAWKES DEAD AND BERRIED
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.
ARGUMENT(S)
Applicant advises that with the respect to the pending application citied by the Examining Attorney, namely: Word Mark HAWKES Goods and Services IC 032. US 045 046 048. G & S: Beers; Mineral and aerated waters and other non- alcoholic beverages, namely, fruit drinks, soft drinks, energy drinks, vegetable drinks, vegetable-fruit juices; Fruit beverages and fruit juices; Syrups and other preparations for making beverages, namely, beers, mineral and aerated waters and other non-alcoholic beverages in the nature of fruit drinks, soft drinks, energy drinks, vegetable drinks, fruit juices, vegetable-fruit juices, non-alcoholic cider, ginger beer; ale; real ale; lager; stout; porter; non-alcoholic cider; flavoured beers; ginger beer; malt beer; apple beer; beer wort; extracts of hops for making beer IC 033. US 047 049. G & S: Alcoholic beverages, except beer; hard cider; flavoured hard ciders; beer-flavoured hard cider; spirits; liqueurs; distilled beverages, namely, liquors; gin; whisky; rum; vodka; brandy; pre-mixed alcoholic beverages, other than beer-based IC 043. US 100 101. G & S: Services for providing food and drink; bar services; operation of bars and pubs; restaurant services; information, consultancy and advisory services relating to the aforesaid Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 87647202 Filing Date October 16, 2017 Current Basis 1B Original Filing Basis 1B Published for Opposition April 16, 2019 Owner (APPLICANT) Hawkes Brewing Company Limited limited company (ltd.) UNITED KINGDOM Ipswich Road Colchester Essex CO4 OAD UNITED KINGDOM The Applicant in that case, Hawkes Brewing Company is a subsidiary of Applicant for the instant mark.
ATTORNEY SECTION (current)
NAME Jay Begler
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME NIESAR & VESTAL LLP
STREET 90 NEW MONTGOMERY STREET,, NINTH FLOOR
CITY SAN FRANCISCO
STATE California
POSTAL CODE 94105
COUNTRY US
PHONE 415-882-5300 x238
FAX 415-8825400
EMAIL jbegler@nvlawllp.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Jay Begler
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME NIESAR & VESTAL LLP
INTERNAL ADDRESS 90 New Montgomery Street
STREET 90 New Montgomery Street
CITY San Francisco
STATE California
POSTAL CODE 94105
COUNTRY United States
PHONE 415-882-5300 x238
FAX 415-8825400
EMAIL jbegler@nvlawllp.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Oscar Escobar
CORRESPONDENCE SECTION (current)
NAME JAY BEGLER
FIRM NAME NIESAR & VESTAL LLP
STREET 90 NEW MONTGOMERY STREET,, NINTH FLOOR
CITY SAN FRANCISCO
STATE California
POSTAL CODE 94105
COUNTRY US
PHONE 415-882-5300 x238
FAX 415-8825400
EMAIL jbegler@nvlawllp.com; begler@sbcglobal.net
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Jay Begler
FIRM NAME NIESAR & VESTAL LLP
INTERNAL ADDRESS 90 New Montgomery Street
STREET 90 New Montgomery Street
CITY San Francisco
STATE California
POSTAL CODE 94105
COUNTRY United States
PHONE 415-882-5300 x238
FAX 415-8825400
EMAIL jbegler@nvlawllp.com; begler@sbcglobal.net
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Jay Begler/
SIGNATORY'S NAME Jay Begler
SIGNATORY'S POSITION Attorney of record NY
SIGNATORY'S PHONE NUMBER 4158825300
DATE SIGNED 11/15/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Nov 15 14:12:25 EST 2019
TEAS STAMP USPTO/ROA-XX.X.XX.XX-2019
1115141225565326-88323476
-700cf341dc2f7948c65bcf33
fd6e03ef53d85da174f4b39ee
7d8fc107f3945c20-N/A-N/A-
20191115140655929147



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. 88323476 HAWKES DEAD AND BERRIED(Standard Characters, see http://uspto.report/TM/88323476/mark.png) has been amended as follows:

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

Applicant advises that with the respect to the pending application citied by the Examining Attorney, namely: Word Mark HAWKES Goods and Services IC 032. US 045 046 048. G & S: Beers; Mineral and aerated waters and other non- alcoholic beverages, namely, fruit drinks, soft drinks, energy drinks, vegetable drinks, vegetable-fruit juices; Fruit beverages and fruit juices; Syrups and other preparations for making beverages, namely, beers, mineral and aerated waters and other non-alcoholic beverages in the nature of fruit drinks, soft drinks, energy drinks, vegetable drinks, fruit juices, vegetable-fruit juices, non-alcoholic cider, ginger beer; ale; real ale; lager; stout; porter; non-alcoholic cider; flavoured beers; ginger beer; malt beer; apple beer; beer wort; extracts of hops for making beer IC 033. US 047 049. G & S: Alcoholic beverages, except beer; hard cider; flavoured hard ciders; beer-flavoured hard cider; spirits; liqueurs; distilled beverages, namely, liquors; gin; whisky; rum; vodka; brandy; pre-mixed alcoholic beverages, other than beer-based IC 043. US 100 101. G & S: Services for providing food and drink; bar services; operation of bars and pubs; restaurant services; information, consultancy and advisory services relating to the aforesaid Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 87647202 Filing Date October 16, 2017 Current Basis 1B Original Filing Basis 1B Published for Opposition April 16, 2019 Owner (APPLICANT) Hawkes Brewing Company Limited limited company (ltd.) UNITED KINGDOM Ipswich Road Colchester Essex CO4 OAD UNITED KINGDOM The Applicant in that case, Hawkes Brewing Company is a subsidiary of Applicant for the instant mark.

The applicant's current attorney information: Jay Begler. Jay Begler of NIESAR & VESTAL LLP, is located at

      90 NEW MONTGOMERY STREET,, NINTH FLOOR
      SAN FRANCISCO, California 94105
      US

The phone number is 415-882-5300 x238.

The fax number is 415-8825400.

The email address is jbegler@nvlawllp.com

The applicants proposed attorney information: Jay Begler. Other appointed attorneys are Oscar Escobar. Jay Begler of NIESAR & VESTAL 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

      90 New Montgomery Street
      90 New Montgomery Street
      San Francisco, California 94105
      United States

The phone number is 415-882-5300 x238.

The fax number is 415-8825400.

The email address is jbegler@nvlawllp.com

Jay Begler 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: JAY BEGLER. JAY BEGLER of NIESAR & VESTAL LLP, is located at

      90 NEW MONTGOMERY STREET,, NINTH FLOOR
      SAN FRANCISCO, California 94105
      US

The phone number is 415-882-5300 x238.

The fax number is 415-8825400.

The email address is jbegler@nvlawllp.com; begler@sbcglobal.net

The applicants proposed correspondence information: Jay Begler. Jay Begler of NIESAR & VESTAL LLP, is located at

      90 New Montgomery Street
      90 New Montgomery Street
      San Francisco, California 94105
      United States

The phone number is 415-882-5300 x238.

The fax number is 415-8825400.

The email address is jbegler@nvlawllp.com; begler@sbcglobal.net

SIGNATURE(S)
Response Signature
Signature: /Jay Begler/     Date: 11/15/2019
Signatory's Name: Jay Begler
Signatory's Position: Attorney of record NY

Signatory's Phone Number: 4158825300

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:    JAY BEGLER
   NIESAR & VESTAL LLP
   
   90 NEW MONTGOMERY STREET,, NINTH FLOOR
   SAN FRANCISCO, California 94105
Mailing Address:    Jay Begler
   NIESAR & VESTAL LLP
   90 New Montgomery Street
   90 New Montgomery Street
   San Francisco, California 94105
        
Serial Number: 88323476
Internet Transmission Date: Fri Nov 15 14:12:25 EST 2019
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2019111514122556532
6-88323476-700cf341dc2f7948c65bcf33fd6e0
3ef53d85da174f4b39ee7d8fc107f3945c20-N/A
-N/A-20191115140655929147



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