Post Publication Amendment

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 1771 (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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88385510 HAILS AND HORNS(Standard Characters, see http://uspto.report/TM/88385510/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant wishes to delete the ITU basis from the application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, t-shirts, shirts, jackets, sweatshirts, hooded tops, hooded sweatshirts, pullovers, jumpers, shorts, boxer shorts, boxer briefs, underwear, underclothes, under garments, socks, scarves, dressing gowns, pyjamas, dungarees, braces as suspenders, ties, lingerie, hosiery, bathing costumes, bathing suits, bathing trunks, bathrobes, gloves, jeans, kilts, nightwear, pajamas, trouser suits, slacks, sleeping garments, sleepwear, suits, swim wear, swimsuits, trousers, tuxedos and waistcoats, legging, jeggings, namely, pants that are partially jeans and partially leggings, baby bibs not of paper, baby bodysuits, baby bottoms, baby tops, baby rompers, belts, Bermuda shorts, bikinis, blazers, blouses, body shapers, bomber jackets, bras, briefs, cagoules, camisoles, cargo pants, coats, costumes for use in role-playing games, costumes for use in children's dress up play, crop pants, crop tops, dance costumes, dresses, housecoats, ear bands, ear muffs, ear warmers, evening dresses, evening gowns, foundation garments worn around the midsection or thighs to keep the stomach in and create a slimming effect, G-strings, Halloween costumes, infant and toddler one piece clothing, infant sleepers, infantwear, knee highs, knickers, ladies' underwear, skirts, miniskirts, negligees, night gowns, nightshirts, nightgowns, nighties, panties, pants, stockings, suspenders, play suits, polo shirts, rain wear, school uniforms, tankinis, thongs being underwear, and tights; footwear, namely, footwear for men, footwear for women, footwear not for sports, shoes, canvas shoes, sneakers, boots, slippers and flip-flops, beach footwear, beach shoes, booties, dance shoes, dance slippers, moccasins, pumps; headgear, namely, hats, caps, beanies, skull caps, skullies, bandanas and berets, children's headwear, hats for infants, babies, toddlers and children
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 025 for Clothing, namely, t-shirts, shirts, jackets, sweatshirts, hooded tops, hooded sweatshirts, pullovers, jumpers, shorts, boxer shorts, boxer briefs, underwear, underclothes, under garments, socks, scarves, dressing gowns, pyjamas, dungarees, braces as suspenders, ties, lingerie, hosiery, bathing costumes, bathing suits, bathing trunks, bathrobes, gloves, jeans, kilts, nightwear, pajamas, trouser suits, slacks, sleeping garments, sleepwear, suits, swim wear, swimsuits, trousers, tuxedos and waistcoats, legging, jeggings, namely, pants that are partially jeans and partially leggings, baby bibs not of paper, baby bodysuits, baby bottoms, baby tops, baby rompers, belts, Bermuda shorts, bikinis, blazers, blouses, body shapers, bomber jackets, bras, briefs, cagoules, camisoles, cargo pants, coats, costumes for use in role-playing games, costumes for use in children's dress up play, crop pants, crop tops, dance costumes, dresses, housecoats, ear bands, ear muffs, ear warmers, evening dresses, evening gowns, foundation garments worn around the midsection or thighs to keep the stomach in and create a slimming effect, G-strings, Halloween costumes, infant and toddler one piece clothing, infant sleepers, infantwear, knee highs, knickers, ladies' underwear, skirts, miniskirts, negligees, night gowns, nightshirts, nightgowns, nighties, panties, pants, stockings, suspenders, play suits, polo shirts, rain wear, school uniforms, tankinis, thongs being underwear, and tights; footwear, namely, footwear for men, footwear for women, footwear not for sports, shoes, canvas shoes, sneakers, boots, slippers and flip-flops, beach footwear, beach shoes, booties, dance shoes, dance slippers, moccasins, pumps; headgear, namely, hats, caps, beanies, skull caps, skullies, bandanas and berets, children's headwear, hats for infants, babies, toddlers and children
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Meat; prepared meals, namely, prepared meals consisting of meat and fish; snack foods, namely, potato chips, fruit-based snack foods, potato-based snack foods, vegetable-based snack foods, nut-based snack foods and meat-based snack foods; prepared meals and snack foods whose main ingredients consist of or include any one of or more than one of meat, fish, poultry, game, meat extracts, preserved, dried and cooked fruits, vegetables, jellies, jams, fruit sauces, eggs, milk and milk products; milk drinks, milk predominating; flavoured milk drinks; nuts, namely, processed nuts, shelled nuts and roasted nuts; raisins; potato crisps; edible oils and fats; soups; beef jerky; cheese; chicken nuggets; dairy-based spreads; dairy-based dips; drinking yogurts; French fries; peanut butter; refrigerated food package combinations consisting primarily of meat, cheese or processed vegetables for purposes of creating a sandwich; preserved, smoked and processed fish; preserved and processed anchovies; caviar; tinned fish; foods prepared from fish, namely, packaged meals consisting primarily of fish; poultry; foods prepared from poultry, namely, packaged meals consisting primarily of poultry; game; foods prepared from game, namely, packaged meals consisting primarily of game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, marmalade, compotes; apple purée; tomato purée; hummus; meat jellies; tahini, namely, sesame seed paste; eggs; milk and milk products excluding ice cream, ice milk and frozen yogurt; butter; margarine; cream; milk beverages, milk predominating; milk shakes; soya milk; tofu; whipped cream; yoghurt; fruit snacks; frozen vegetables; frozen fruit; processed vegetables and processed fruits; fruits and vegetables dried and cooked
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 029 for Meat; prepared meals, namely, prepared meals consisting of meat and fish; snack foods, namely, potato chips, fruit-based snack foods, potato-based snack foods, vegetable-based snack foods, nut-based snack foods and meat-based snack foods; prepared meals and snack foods whose main ingredients consist of or include any one of or more than one of meat, fish, poultry, game, meat extracts, preserved, dried and cooked fruits, vegetables, jellies, jams, fruit sauces, eggs, milk and milk products; milk drinks, milk predominating; flavoured milk drinks; nuts, namely, processed nuts, shelled nuts and roasted nuts; raisins; potato crisps; edible oils and fats; soups; beef jerky; cheese; chicken nuggets; dairy-based spreads; dairy-based dips; drinking yogurts; French fries; peanut butter; refrigerated food package combinations consisting primarily of meat, cheese or processed vegetables for purposes of creating a sandwich; preserved, smoked and processed fish; preserved and processed anchovies; caviar; tinned fish; foods prepared from fish, namely, packaged meals consisting primarily of fish; poultry; foods prepared from poultry, namely, packaged meals consisting primarily of poultry; game; foods prepared from game, namely, packaged meals consisting primarily of game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, marmalade, compotes; apple purée; tomato purée; hummus; meat jellies; tahini, namely, sesame seed paste; eggs; milk and milk products excluding ice cream, ice milk and frozen yogurt; butter; margarine; cream; milk beverages, milk predominating; milk shakes; soya milk; tofu; whipped cream; yoghurt; fruit snacks; frozen vegetables; frozen fruit; processed vegetables and processed fruits; fruits and vegetables dried and cooked
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Coffee; tea; cocoa; chocolate; drinking chocolate, namely, chocolate-based beverages; rice; tapioca; sago; biscuits; cakes; pasta; pasta sauces; bread; rolls; baps, namely, bread rolls; crackers; croissants; bread sticks; baguettes; pastries; pies; fruit pies; meat pies; vegetable pies; pastries, namely, pasties; pizzas; sweets; candies; bonbons; chocolates; ices; sugar, honey, treacle; breakfast cereal; porridge; cereal bars; yeast, baking-powder; salt; mustard; vinegar; sauces; chocolate sauces; fruit sauces; cheese sauces; meat sauces; tortilla chips; spices; rice-based snack foods; maize-based snack foods; brown rice, edible flour; sandwiches; hamburger sandwiches; hot dog sandwiches; beverages, namely, beverages made of coffee or tea, chocolate food beverages not being dairy-based or vegetable based, cocoa beverages with milk, prepared cocoa and cocoa-based beverages, prepared coffee and coffee-based beverages and tea-based beverages with fruit flavoring; bread rolls; buns; cup cakes; brownies; toffee; fudge; ginger bread; bagels; liquorice; non-medicated lozenges; candy mints; candy; bubble gum; chewing gum; chocolate bars; chocolate covered fruit, nuts, popcorn, pretzels and raisins; peanut confectionery, namely, peanut flavored candy; peppermint candy; boiled sweets; candy rock; popcorn; microwave popcorn; waffles; ice cream; ice cream desserts; ice cream drinks; cookies; cookie dough; cookie mixes; cotton candy; candy bars; cereal-based snack foods; rice-based snack foods; wheat-based snack foods; grain-based food bars; chocolate-based snack foods; pasta-based snack foods; foodstuffs made from dough, namely, dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of meats, poultry, fish, fruits and vegetables or cheese, and dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of pasta or rice; sweet and savory products, all having a pastry case or pastry shell, namely, pastries; pizza; pasta dishes, namely, prepared pasta and prepared or packaged meals consisting primarily of pasta; prepared meals consisting of pasta and rice; sherbets; cheesecake; confectionery for decorating Christmas trees; dessert puddings; donuts; doughnuts; dried pasta; flapjacks; ketchup; sauces; lollipops; marshmallow; marshmallow squares; muesli; muesli bars; oatmeal; pancakes; puffed corn snacks; cranberry sauce; buttercream icing; desserts made primarily from milk products; maize snacks, namely, maize flakes
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 030 for Coffee; tea; cocoa; chocolate; drinking chocolate, namely, chocolate-based beverages; rice; tapioca; sago; biscuits; cakes; pasta; pasta sauces; bread; rolls; baps, namely, bread rolls; crackers; croissants; bread sticks; baguettes; pastries; pies; fruit pies; meat pies; vegetable pies; pastries, namely, pasties; pizzas; sweets; candies; bonbons; chocolates; ices; sugar, honey, treacle; breakfast cereal; porridge; cereal bars; yeast, baking-powder; salt; mustard; vinegar; sauces; chocolate sauces; fruit sauces; cheese sauces; meat sauces; tortilla chips; spices; rice-based snack foods; maize-based snack foods; brown rice, edible flour; sandwiches; hamburger sandwiches; hot dog sandwiches; beverages, namely, beverages made of coffee or tea, chocolate food beverages not being dairy-based or vegetable based, cocoa beverages with milk, prepared cocoa and cocoa-based beverages, prepared coffee and coffee-based beverages and tea-based beverages with fruit flavoring; bread rolls; buns; cup cakes; brownies; toffee; fudge; ginger bread; bagels; liquorice; non-medicated lozenges; candy mints; candy; bubble gum; chewing gum; chocolate bars; chocolate covered fruit, nuts, popcorn, pretzels and raisins; peanut confectionery, namely, peanut flavored candy; peppermint candy; boiled sweets; candy rock; popcorn; microwave popcorn; waffles; ice cream; ice cream desserts; ice cream drinks; cookies; cookie dough; cookie mixes; cotton candy; candy bars; cereal-based snack foods; rice-based snack foods; wheat-based snack foods; grain-based food bars; chocolate-based snack foods; pasta-based snack foods; foodstuffs made from dough, namely, dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of meats, poultry, fish, fruits and vegetables or cheese, and dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of pasta or rice; sweet and savory products, all having a pastry case or pastry shell, namely, pastries; pizza; pasta dishes, namely, prepared pasta and prepared or packaged meals consisting primarily of pasta; prepared meals consisting of pasta and rice; sherbets; cheesecake; confectionery for decorating Christmas trees; dessert puddings; donuts; doughnuts; dried pasta; flapjacks; ketchup; sauces; lollipops; marshmallow; marshmallow squares; muesli; muesli bars; oatmeal; pancakes; puffed corn snacks; cranberry sauce; buttercream icing; desserts made primarily from milk products; maize snacks, namely, maize flakes
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Beers; mineral and aerated waters and other non-alcoholic beverages, namely, non-alcoholic wines; fruit beverages and fruit juices; tonic water; aloe vera drinks; non-alcoholic aperitifs; non-alcoholic beer; non-alcoholic cider; non-alcoholic cocktails; essences for making non-alcoholic beverages; non-alcoholic fruit nectars used in the preparation of beverages; ginger beer; isotonic beverages; lemonade; non-alcoholic fruit extracts used in the preparation of beverages; smoothies; soda water; tomato juice; vegetable juices; fruit drinks; non-alcoholic beer-flavoured soft drinks
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 032 for Beers; mineral and aerated waters and other non-alcoholic beverages, namely, non-alcoholic wines; fruit beverages and fruit juices; tonic water; aloe vera drinks; non-alcoholic aperitifs; non-alcoholic beer; non-alcoholic cider; non-alcoholic cocktails; essences for making non-alcoholic beverages; non-alcoholic fruit nectars used in the preparation of beverages; ginger beer; isotonic beverages; lemonade; non-alcoholic fruit extracts used in the preparation of beverages; smoothies; soda water; tomato juice; vegetable juices; fruit drinks; non-alcoholic beer-flavoured soft drinks
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Alcoholic beverages except beer; spirits; whisky; gin; rum; vodka; wines; prepared cocktails, alcoholic; aperitifs; liqueurs; pre-mixed alcoholic drinks, other than beer-based; cider
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 033 for Alcoholic beverages except beer; spirits; whisky; gin; rum; vodka; wines; prepared cocktails, alcoholic; aperitifs; liqueurs; pre-mixed alcoholic drinks, other than beer-based; cider
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising services; marketing services; the bringing together, for the benefit of others, of a variety of goods, namely, perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, badges, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments and plectrums, enabling customers to conveniently view and purchase the goods in the field of general consumer merchandise; the bringing together, for the benefit of others, of a variety of goods, namely, printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas, enabling customers to conveniently view and purchase those goods in the field of general consumer merchandise; the bringing together, for the benefit of others, of a variety of goods, namely, perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments, enabling customers to conveniently view and purchase those goods from a catalogue by mail order or by means of telecommunications; the bringing together, for the benefit of others, of a variety of goods, namely, badges, plectrums, printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas, enabling customers to conveniently view and purchase those goods from a catalogue by mail order or by means of telecommunications; retail store services featuring perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, badges, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments and plectrums; retail store services featuring printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; mail order retail services featuring perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, badges, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments and plectrums; mail order retail services featuring printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; online retail store services featuring perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, badges, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments, and plectrums; online retail store services featuring printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; information, advisory and consultancy services in relation to the aforesaid services
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 035 for Advertising services; marketing services; the bringing together, for the benefit of others, of a variety of goods, namely, perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, badges, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments and plectrums, enabling customers to conveniently view and purchase the goods in the field of general consumer merchandise; the bringing together, for the benefit of others, of a variety of goods, namely, printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas, enabling customers to conveniently view and purchase those goods in the field of general consumer merchandise; the bringing together, for the benefit of others, of a variety of goods, namely, perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments, enabling customers to conveniently view and purchase those goods from a catalogue by mail order or by means of telecommunications; the bringing together, for the benefit of others, of a variety of goods, namely, badges, plectrums, printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas, enabling customers to conveniently view and purchase those goods from a catalogue by mail order or by means of telecommunications; retail store services featuring perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, badges, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments and plectrums; retail store services featuring printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; mail order retail services featuring perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, badges, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments and plectrums; mail order retail services featuring printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; online retail store services featuring perfumes, fragrances, cosmetics, clothing, footwear, headgear, jewellery, watches, badges, flasks, hipflask, tankards, bags, wallets, purses, pre-recorded music and video recordings, downloadable music and video recordings, sheet music, musical instruments, and parts, fittings and accessories for musical instruments, and plectrums; online retail store services featuring printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; information, advisory and consultancy services in relation to the aforesaid services
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 17968350 registered 02/28/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.

Signature: /Brian M. Davis/     Date: 01/16/2020
Signatory's Name: Brian M. Davis
Signatory's Position: Attorney for Applicant

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.

        
Serial Number: 88385510
Internet Transmission Date: Thu Jan 16 09:11:56 EST 2020
TEAS Stamp: USPTO/PPA-XXX.XXX.XX.XXX-202001160911562
97308-88385510-7005d3181ffd3e51f3f2f73af
82a2badf9b38118334e24767f22cda73dac1c23-
N/A-N/A-20200116090743294784