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 |
88338052 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/88338052/mark.png |
LITERAL ELEMENT |
STONE BREWING |
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) |
In the May 22, 2019 office action, the examining attorney refused registration based on a perceived likelihood of confusion with U.S. trademark
registration No. 4583740. Applicant filed a cancellation action against this registration for abandonment, which the TTAB granted on October 18, 2019 (see attached). Because of this, Applicant
respectfully requests that the Examining Attorney withdraw this objection and pass the application on to publication.
|
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_7176158190-20191021163857604625_._DJ_ttabvue-92071401-CAN-9.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\380\88338052\xml4\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
Default Judgment entered in Cancellation No. 92071401 |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use BREWING apart from the mark as shown. |
ATTORNEY SECTION (current) |
NAME |
Allison Hagey |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
BRAUNHAGEY & BORDEN LLP |
STREET |
351 CALIFORNIA STREET, 10TH FLOOR |
CITY |
SAN FRANCISCO |
STATE |
California |
POSTAL CODE |
94104 |
COUNTRY |
US |
PHONE |
415-599-0210 |
FAX |
415-599-0210 |
EMAIL |
tmadmin@braunhagey.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Allison Hagey |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
BraunHagey & Borden LLP |
STREET |
351 California Street, 10th Floor |
CITY |
San Francisco |
STATE |
California |
POSTAL CODE |
94104 |
COUNTRY |
United States |
PHONE |
415-599-0210 |
FAX |
415-599-0210 |
EMAIL |
tmadmin@braunhagey.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
OTHER APPOINTED ATTORNEY |
Any and all other attorneys associated or affiliated with BraunHagey & Borden LLP |
CORRESPONDENCE SECTION (current) |
NAME |
ALLISON HAGEY |
FIRM NAME |
BRAUNHAGEY & BORDEN LLP |
STREET |
351 CALIFORNIA STREET, 10TH FLOOR |
CITY |
SAN FRANCISCO |
STATE |
California |
POSTAL CODE |
94104 |
COUNTRY |
US |
PHONE |
415-599-0210 |
FAX |
415-599-0210 |
EMAIL |
tmadmin@braunhagey.com; shadow@braunhagey.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Allison Hagey |
FIRM NAME |
BraunHagey & Borden LLP |
STREET |
351 California Street, 10th Floor |
CITY |
San Francisco |
STATE |
California |
POSTAL CODE |
94104 |
COUNTRY |
United States |
PHONE |
415-599-0210 |
FAX |
415-599-0210 |
EMAIL |
tmadmin@braunhagey.com; shadow@braunhagey.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Allison Hagey/ |
SIGNATORY'S NAME |
Allison Hagey |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
415-599-0210 |
DATE SIGNED |
10/21/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Oct 22 12:35:20 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0191022123520082846-88338
052-6104541222875372b485e
c394e71192ca5181f60d7f572
ff8a5767640c64172eb-N/A-N
/A-20191021163857604625 |
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.
88338052 STONE BREWING(Standard Characters, see http://uspto.report/TM/88338052/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In the May 22, 2019 office action, the examining attorney refused registration based on a perceived likelihood of confusion with U.S. trademark registration No. 4583740. Applicant filed a
cancellation action against this registration for abandonment, which the TTAB granted on October 18, 2019 (see attached). Because of this, Applicant respectfully requests that the Examining Attorney
withdraw this objection and pass the application on to publication.
EVIDENCE
Evidence in the nature of Default Judgment entered in Cancellation No. 92071401 has been attached.
Original PDF file:
evi_7176158190-20191021163857604625_._DJ_ttabvue-92071401-CAN-9.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
The applicant's current attorney information: Allison Hagey. Allison Hagey of BRAUNHAGEY & BORDEN LLP, is located at
351 CALIFORNIA STREET, 10TH FLOOR
SAN FRANCISCO, California 94104
US
The phone number is 415-599-0210.
The fax number is 415-599-0210.
The email address is tmadmin@braunhagey.com
The applicants proposed attorney information: Allison Hagey. Other appointed attorneys are Any and all other attorneys associated or affiliated with BraunHagey & Borden LLP. Allison Hagey of
BraunHagey & Borden 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
351 California Street, 10th Floor
San Francisco, California 94104
United States
The phone number is 415-599-0210.
The fax number is 415-599-0210.
The email address is tmadmin@braunhagey.com
Allison Hagey 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: ALLISON HAGEY. ALLISON HAGEY of BRAUNHAGEY & BORDEN LLP, is located at
351 CALIFORNIA STREET, 10TH FLOOR
SAN FRANCISCO, California 94104
US
The phone number is 415-599-0210.
The fax number is 415-599-0210.
The email address is tmadmin@braunhagey.com; shadow@braunhagey.com
The applicants proposed correspondence information: Allison Hagey. Allison Hagey of BraunHagey & Borden LLP, is located at
351 California Street, 10th Floor
San Francisco, California 94104
United States
The phone number is 415-599-0210.
The fax number is 415-599-0210.
The email address is tmadmin@braunhagey.com; shadow@braunhagey.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BREWING apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /Allison Hagey/ Date: 10/21/2019
Signatory's Name: Allison Hagey
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 415-599-0210
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: ALLISON HAGEY
BRAUNHAGEY & BORDEN LLP
351 CALIFORNIA STREET, 10TH FLOOR
SAN FRANCISCO, California 94104
Mailing Address: Allison Hagey
BraunHagey & Borden LLP
351 California Street, 10th Floor
San Francisco, California 94104
Serial Number: 88338052
Internet Transmission Date: Tue Oct 22 12:35:20 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019102212352008
2846-88338052-6104541222875372b485ec394e
71192ca5181f60d7f572ff8a5767640c64172eb-
N/A-N/A-20191021163857604625