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. 88384986 EPITAPH(Standard Characters, see http://uspto.report/TM/88384986/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Gin; Vodka; Tequila; Rum; Whiskey/Whisky; Brandy; Cognac; alcoholic beverages, namely, distilled alcoholic spirits; liqueurs; alcoholic ready-to-drinks (RTDs) beverages, namely, spirit-based ready-to-drink beverages; Genever; Aquavit; Soju/Shochu; Baijiu; Cachaca; Mezcal; moonshine; bitters, Absinthe; apertifs
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1956957 filed 04/11/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Gin; Vodka; Tequila; Distilled blue agave liquor; Rum; Whiskey/Whisky; Brandy; Cognac; Grape brandy distilled in the Cognac region of France made in accordance with adopted standards; Alcoholic beverages, namely, distilled alcoholic spirits; Liqueurs; Alcoholic ready-to-drinks (RTDs) beverages, namely, spirit-based ready-to-drink beverages; Genever; Genever, namely, Geneva gin; Aquavit; Soju/Shochu; Soju, namely, Korean distilled spirits; Shochu; Baijiu; Cachaca; Mezcal; bitters, Absinthe; Moonshine; Alcoholic bitters; Absinthe; ApertifsClass 033 for Gin; Vodka; Distilled blue agave liquor; Rum; Whiskey/Whisky; Brandy; Grape brandy distilled in the Cognac region of France made in accordance with adopted standards; Alcoholic beverages, namely, distilled alcoholic spirits; Liqueurs; Alcoholic ready-to-drinks (RTDs) beverages, namely, spirit-based ready-to-drink beverages; Genever, namely, Geneva gin; Aquavit; Soju, namely, Korean distilled spirits; Shochu; Baijiu; Cachaca; Mezcal; Moonshine; Alcoholic bitters; Absinthe; Apertifs
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1956957 filed 04/11/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has revised the listing of goods/services to provide further identification and clarification as requested. Applicant thanks the examining attorney for the suggested replacement wording, and has adopted that suggested wording. FOREIGN REGISTRATION - SUSPENSION REQUEST - The Applicant currently intends to rely upon the resulting foreign registration (from Canadian application 1956957) as an additional basis for registration in the U.S. (i.e. Section 44(e)). That application has not yet registered. When the registration issues, then Applicant will tender a copy of that registration. Applicant respectfully requests that action on this application be SUSPENDED until the foreign application is registered and a copy thereof is filed [TMEP 716.02(b), 1003.04(b)].


SIGNATURE(S)
Response Signature
Signature: /sander gelsing/     Date: 08/02/2019
Signatory's Name: Sander R. Gelsing
Signatory's Position: Canadian Attorney of Record

Signatory's Phone Number: 4033433320

The signatory has confirmed that he/she is a Canadian attorney/agent, or an associate thereof, who represents an owner/holder located in Canada; that he/she is either registered with the USPTO and in good standing as a patent agent under 37 C.F.R. §11.6(c) or he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c) by the USPTO's Office of Enrollment and Discipline; and, that to the best of his/her knowledge, if prior to his/her appointment another Canadian attorney/agent or a U.S. attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed Canadian attorney/agent or U.S. attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88384986
Internet Transmission Date: Fri Aug 02 17:02:30 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201908021702308
46724-88384986-620f36ad042e49cfacd4b4f8c
dbd731fc25b067e329de2ec508e21d111f28695b
6-N/A-N/A-20190802165648484358