Response to Office Action

STONE BREWING

Stone Brewing Co., 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 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


Response to Office Action [image/jpeg]


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed