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)

---

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. 88385510 HAILS AND HORNS(Standard Characters, see http://uspto.report/TM/88385510/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 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, 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, nightwear, 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, boots, 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(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[ European Union Trademark - EUTM application number 17968350 filed 10/15/2018]. 15 U.S.C.Section 1126(d), as amended.

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:
Tracked Text Description: 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, 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, nightwear, panties, pants, stockings, suspenders, play suits, polo shirts, rain wear, school uniforms, tankinis, thongs being underwear, and tights; 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, boots, booties, dance shoes, dance slippers, moccasins, pumps; 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 childrenClass 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
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 [ European Union Trademark - EUTM application number 17968350 filed 10/15/2018]. 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.

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.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Meat; foods prepared from meat; prepared meals, namely, prepared meals consisting of meat and fish; snack foods, namely, potato chips, fruit-based snack foods, potato-based snack foods, potato 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; flavoured milk drinks; dairy products; nuts, namely, processed nuts, shelled nuts and roasted nuts; raisins; potato crisps; potato chips; 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; fish; anchovies; caviar; tinned fish; foods prepared from fish; poultry; foods prepared from poultry; game; foods prepared from game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, marmalade, compotes; apple purée; tomato purée; cranberry sauce; hummus; meat jellies; tahini, namely, sesame seed paste; eggs; milk and milk products; butter; margarine; buttercream; cream; milk beverages; milk shakes; soya milk; tofu; desserts made from milk products; whipped cream; yoghurt; yoghurt desserts; fruit snacks; vegetable snacks; maize snacks; frozen vegetables; frozen fruit; meat products; processed marine products; 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(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[ European Union Trademark - EUTM application number 17968350 filed 10/15/2018]. 15 U.S.C.Section 1126(d), as amended.

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:
Tracked Text Description: Meat; foods prepared from 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; snack foods, namely, potato chips, fruit-based snack foods, potato-based snack foods, potato 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; milk drinks; flavoured milk drinks; nuts, namely, processed nuts, shelled nuts and roasted nuts; dairy products; raisins; potato crisps; edible oils and fats; soups; potato chips; 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; fish; tinned fish; anchovies; foods prepared from fish, namely, packaged meals consisting primarily of fish; poultry; foods prepared from poultry, namely, packaged meals consisting primarily of poultry; foods prepared from fish; game; foods prepared from game, namely, packaged meals consisting primarily of game; foods prepared from poultry; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; foods prepared from game; jellies, jams, marmalade, compotes; apple purée; tomato purée; hummus; meat jellies; tahini, namely, sesame seed paste; cranberry sauce; eggs; milk and milk products excluding ice cream, ice milk and frozen yogurt; butter; margarine; cream; milk and milk products; milk beverages, milk predominating; milk shakes; soya milk; buttercream; tofu; whipped cream; milk beverages; yoghurt; fruit snacks; vegetable-based snack foods; frozen vegetables; desserts made from milk products; frozen fruit; processed vegetables and processed fruits; fruits and vegetables dried and cooked; yoghurt desserts; vegetable snacks; maize snacks; meat products; processed marine productsClass 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; vegetable-based snack foods; frozen vegetables; frozen fruit; processed vegetables and processed fruits; fruits and vegetables dried and cooked
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 [ European Union Trademark - EUTM application number 18039003 filed 03/21/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 18039003 registered 08/24/2019 with a renewal date of __________ and an expiration date of 03/21/2029 ], 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.
Original PDF file:
FRU1-10413983143-182010494_._hail_and_horns_29_30_32_33_eutm.pdf
Converted PDF file(s) ( 20 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14
Foreign Registration-15
Foreign Registration-16
Foreign Registration-17
Foreign Registration-18
Foreign Registration-19
Foreign Registration-20

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Coffee; tea; cocoa; chocolate; drinking chocolate; rice; tapioca; sago; flour and preparations made from cereals; baked goods; biscuits; cakes; pasta; pasta sauces; bread; rolls; baps; crackers; croissants; bread sticks; baguettes; pastries; pies; fruit pies; meat pies; vegetable pies; pasties; pizzas; confectionery; sweets; candies; bonbons; chews; chocolates; ices; sugar, honey, treacle; breakfast cereal; porridge; cereal bars; yeast, baking-powder; salt; mustard; vinegar; sauces (condiments); chocolate sauces; fruit sauces; cheese sauces; meat sauces; tortilla chips; spices; rice snacks; maize snacks; ice; brown rice, unpolished barley; threshing barley; edible flour; sandwiches; hamburgers; hot dogs; 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; mints; candy; bubble gum; chewing gum; chocolate bars; chocolate covered fruit, nuts, popcorn, pretzels and raisins; peanut confectionery; peppermints; 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; food bars; chocolate snacks; pasta-based snack foods; foodstuffs made from dough, namely, dough-based pockets with filling consisting primarily of meats, poultry, fish, fruits and vegetables or cheese, and dough-based pockets with filling consisting primarily of pasta or rice; pies, pasties; 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
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[ European Union Trademark - EUTM application number 17968350 filed 10/15/2018]. 15 U.S.C.Section 1126(d), as amended.

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:
Tracked Text Description: Coffee; tea; cocoa; chocolate; drinking chocolate; drinking chocolate, namely, chocolate-based beverages; rice; tapioca; sago; flour and preparations made from cereals; biscuits; baked goods; cakes; pasta; pasta sauces; bread; rolls; baps, namely, bread rolls; crackers; baps; croissants; bread sticks; baguettes; pastries; pies; fruit pies; meat pies; vegetable pies; pastries, namely, pasties; pizzas; pasties; sweets; candies; confectionery; bonbons; chocolates; ices; sugar, honey, treacle; chews; breakfast cereal; porridge; cereal bars; yeast, baking-powder; salt; mustard; vinegar; sauces; chocolate sauces; fruit sauces; cheese sauces; sauces (condiments); meat sauces; tortilla chips; spices; rice-based snack foods; maize-based snack foods; brown rice, edible flour; sandwiches; rice snacks; hamburger sandwiches; maize snacks; hot dog sandwiches; ice; 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; brown rice, unpolished barley; bread rolls; threshing barley; buns; edible flour; cup cakes; brownies; hamburgers; toffee; hot dogs; 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; mints; peppermint candy; boiled sweets; candy rock; popcorn; microwave popcorn; waffles; peanut confectionery; ice cream; peppermints; 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; food bars; prepared meals consisting of pasta and rice; chocolate snacks; sherbets; cheesecake; foodstuffs made from dough, namely, dough-based pockets with filling consisting primarily of meats, poultry, fish, fruits and vegetables or cheese, and dough-based pockets with filling consisting primarily of pasta or rice; confectionery for decorating Christmas trees; pies, pasties; 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 from milk products; maize snacks, namely, maize flakesClass 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 from milk products; maize snacks, namely, maize flakes
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 [ European Union Trademark - EUTM application number 18039003 filed 03/21/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 18039003 registered 08/24/2019 with a renewal date of __________ and an expiration date of 03/21/2029 ], 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.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

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; fruit beverages and fruit juices; syrups and other preparations for making beverages; aerated water; tonic water; aloe vera drinks; non-alcoholic aperitifs; non-alcoholic beer; preparations for making beverages; non-alcoholic cider; non-alcoholic cocktails; essences for making beverages; fruit juices; fruit juice; non-alcoholic fruit nectars; ginger beer; isotonic beverages; lemonade; non-alcoholic fruit extracts; smoothies; soda water; tomato juice; vegetable juices; fruit drinks; beer-flavoured soft drinks; beverage production preparations
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[ European Union Trademark - EUTM application number 17968350 filed 10/15/2018]. 15 U.S.C.Section 1126(d), as amended.

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:
Tracked Text Description: Beers; mineral and aerated waters and other non-alcoholic beverages; mineral and aerated waters and other non-alcoholic beverages, namely, non-alcoholic wines; fruit beverages and fruit juices; syrups and other preparations for making beverages; syrups and other preparations for making beverages, namely, concentrates; aerated water; tonic water; aloe vera drinks; non-alcoholic aperitifs; non-alcoholic beer; non-alcoholic cider; preparations for making beverages; non-alcoholic cocktails; essences for making beverages; non-alcoholic fruit nectars used in the preparation of beverages; ginger beer; fruit juices; isotonic beverages; fruit juice; lemonade; non-alcoholic fruit nectars; non-alcoholic fruit extracts used in the preparation of beverages; smoothies; soda water; tomato juice; non-alcoholic fruit extracts; vegetable juices; fruit drinks; non-alcoholic beer-flavoured soft drinks; beer-flavoured soft drinks; beverage production preparationsClass 032 for Beers; mineral and aerated waters and other non-alcoholic beverages, namely, non-alcoholic wines; fruit beverages and fruit juices; syrups and other preparations for making beverages, namely, concentrates; tonic water; aloe vera drinks; non-alcoholic aperitifs; non-alcoholic beer; non-alcoholic cider; non-alcoholic cocktails; essences for making 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
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 [ European Union Trademark - EUTM application number 18039003 filed 03/21/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 18039003 registered 08/24/2019 with a renewal date of __________ and an expiration date of 03/21/2029 ], 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.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

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; cocktails, alcoholic; aperitifs; liqueurs; pre-mixed alcoholic drinks; 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(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[ European Union Trademark - EUTM application number 17968350 filed 10/15/2018]. 15 U.S.C.Section 1126(d), as amended.

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:
Tracked Text Description: Alcoholic beverages except beer; spirits; whisky; gin; rum; vodka; wines; cocktails, alcoholic; prepared cocktails, alcoholic; aperitifs; liqueurs; pre-mixed alcoholic drinks; pre-mixed alcoholic drinks, other than beer-based; ciderClass 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
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 [ European Union Trademark - EUTM application number 18039003 filed 03/21/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 18039003 registered 08/24/2019 with a renewal date of __________ and an expiration date of 03/21/2029 ], 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.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

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 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; the bringing together, for the benefit of others, of a variety of 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; the bringing together, for the benefit of others, of a variety of 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 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; shop retail services connected with 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; shop retail services connected with 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 connected with 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 connected with printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; electronic shopping retail services connected with 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; electronic shopping retail services connected with 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(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[ European Union Trademark - EUTM application number 17968350 filed 10/15/2018]. 15 U.S.C.Section 1126(d), as amended.

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:
Tracked Text Description: Advertising services; marketing services; the bringing together, for the benefit of others, of a variety of 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; 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 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; 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 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, 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 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; 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; shop retail services connected with 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 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; shop retail services connected with printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; 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 connected with 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 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 connected with 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 printed matter, books, calendars, pictures, prints, posters, stickers and decalcomanias, patches, mugs, glasses, skateboards, skate decks, skateboard wheels, bottle openers, keyrings, blankets and bandanas; electronic shopping retail services connected with 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 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; electronic shopping retail services connected with 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 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 servicesClass 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
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 [ European Union Trademark - EUTM application number 17968350 filed 10/15/2018]. 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.

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.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current attorney information: Brian M. Davis. Brian M. Davis of VLP LAW GROUP LLP, is located at

      5960 FAIRVIEW RD; SUITE 400
      CHARLOTTE, North Carolina 28210
      US

The phone number is 704-245-6515.

The email address is bdavis@vlplawgroup.com

The applicants proposed attorney information: Brian M. Davis. Other appointed attorneys are Scott R. Austin. Brian M. Davis of VLP LAW GROUP 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

      5960 FAIRVIEW RD; SUITE 400
      CHARLOTTE, North Carolina 28210
      United States

The phone number is 704-245-6515.

The email address is bdavis@vlplawgroup.com

Brian M. Davis 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: BRIAN M. DAVIS. BRIAN M. DAVIS of VLP LAW GROUP LLP, is located at

      5960 FAIRVIEW RD; SUITE 400
      CHARLOTTE, North Carolina 28210
      US

The phone number is 704-245-6515.

The email address is bdavis@vlplawgroup.com; trademarks@vlplawgroup.com

The applicants proposed correspondence information: Brian M. Davis. Brian M. Davis of VLP LAW GROUP LLP, is located at

      5960 FAIRVIEW RD; SUITE 400
      CHARLOTTE, North Carolina 28210
      United States

The phone number is 704-245-6515.

The email address is bdavis@vlplawgroup.com; trademarks@vlplawgroup.com

SIGNATURE(S)
Response Signature
Signature: /Brian M. Davis/     Date: 10/07/2019
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.

Mailing Address:    BRIAN M. DAVIS
   VLP LAW GROUP LLP
   
   5960 FAIRVIEW RD; SUITE 400
   CHARLOTTE, North Carolina 28210
Mailing Address:    Brian M. Davis
   VLP LAW GROUP LLP
   5960 FAIRVIEW RD; SUITE 400
   CHARLOTTE, North Carolina 28210
        
Serial Number: 88385510
Internet Transmission Date: Mon Oct 07 18:41:31 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201910071841315
30200-88385510-6101f229ad852968fceaa76f5
f4740d4816cabd925830b28316f3aa27d0aaa472
-N/A-N/A-20191007182010494350