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. 88327741 ANDINA (Stylized and/or with Design, see http://uspto.report/TM/88327741/mark.png) has been amended as follows:

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

RESPONSE TO OFFICE ACTION

            This is in response to the Office Action dated May 23, 2019.

AMENDMENT

            The goods in the application can be amended as follows:

Class 32

beers; all kinds of beers, namely, beer wort, malt beer, malt wort, ginger beer, extracts of hops for making beer, kvass

 

REMARKS

The goods have been amended in accordance with the examiner's requirements.

Applicant herewith submits an executed declaration in support of the application.

The following translation statement may be added to the record:

                        The English translation of “ANDINA” in the mark is “ANDEAN”.

            The following description of the mark may be entered into the record:

The mark consists of stylized word "ANDINA" in the color black with six sided emblem background superimposed over an eagle design in the colors yellow, blue, orange and red. The color white in the mark is background and is not claimed as a feature.

            In view of the foregoing, it is submitted that Applicant's mark is now in condition for publication and such action is respectfully requested.

EVIDENCE
Evidence in the nature of Executed copy of applicant's response to office action has been attached.
Original PDF file:
evi_66449251-20190814094913775117_._S24120_ROA.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for beers; all kinds of beers, beer wort, malt beer, malt wort, ginger beer, extracts of hops for making beer, kvass
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.

Proposed:
Tracked Text Description: beers; all kinds of beers, beer wort, malt beer, malt wort, ginger beer, extracts of hops for making beer, kvass; all kinds of beers, namely, beer wort, malt beer, malt wort, ginger beer, extracts of hops for making beer, kvassClass 032 for beers; all kinds of beers, namely, beer wort, malt beer, malt wort, ginger beer, extracts of hops for making beer, kvass
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.

The applicant's current attorney information: LEIGH ANN LINDQUIST. LEIGH ANN LINDQUIST of SUGHRUE MION, PLLC, is located at

      2000 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is S24120.

The phone number is 202-293-7060.

The fax number is 202-293-7860.

The email address is tm@sughrue.com

The applicants proposed attorney information: LEIGH ANN LINDQUIST. Other appointed attorneys are and the attorneys of Sughrue Mion, PLLC. LEIGH ANN LINDQUIST of SUGHRUE MION, PLLC, 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 900
      2000 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is S24120.

The phone number is 202-293-7060.

The fax number is 202-293-7860.

The email address is tm@sughrue.com

LEIGH ANN LINDQUIST submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: LEIGH ANN LINDQUIST. LEIGH ANN LINDQUIST of SUGHRUE MION, PLLC, is located at

      2000 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is S24120.

The phone number is 202-293-7060.

The fax number is 202-293-7860.

The email address is tm@sughrue.com

The applicants proposed correspondence information: LEIGH ANN LINDQUIST. LEIGH ANN LINDQUIST of SUGHRUE MION, PLLC, is located at

      SUITE 900
      2000 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is S24120.

The phone number is 202-293-7060.

The fax number is 202-293-7860.

The email address is tm@sughrue.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of stylized word "ANDINA" in the color black with six sided emblem background superimposed over an eagle design in the colors yellow, blue, orange and red. The color white in the mark is background and is not claimed as a feature.

Translation
The English translation of "ANDINA" in the mark is "ANDEAN".


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_192957383-094913775_._S24120NADasfiled.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Mauricio Eduardo Medina Yepes
Signatory's Position: Legal Representative

Response Signature
Signature: /Leigh Ann Lindquist/     Date: 08/14/2019
Signatory's Name: Leigh Ann Lindquist
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 202 663 7409

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:    LEIGH ANN LINDQUIST
   SUGHRUE MION, PLLC
   
   2000 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006
Mailing Address:    LEIGH ANN LINDQUIST
   SUGHRUE MION, PLLC
   SUITE 900
   2000 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006
        
Serial Number: 88327741
Internet Transmission Date: Wed Aug 14 11:09:45 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20190814110945331
685-88327741-610b0c74f7dd2f7ada2ba7c4b25
1dc75de8c013ec92c7918e3fd2df4e1161d94-N/
A-N/A-20190814094913775117