Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88386129 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88386129/mark.png |
| LITERAL ELEMENT |
BEERSMART |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) orange, white, and dark grey is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of orange background with a dark grey circle with a lightbulb centered, the lightbulb has liquid and bubbles inside, the word
"BEERSMART" is below the dark grey circle. |
| GOODS AND/OR SERVICES SECTION (class deleted) |
| GOODS AND/OR SERVICES SECTION (class added) Original Class (045) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| Tracking, management, and monitoring of, namely, beverage containers, beverage lines of dispensing systems, and contents of beverage
containers for business purposes |
| FILING BASIS |
Section 1(b) |
| ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) white, orange, light orange, and gray is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a gray circle, with a white, gray and orange lightbulb inside the circle. Inside the lightbulb are light orange bubbles.
Under the circle is the wording BEERSMART in white, on an orange background. |
| ATTORNEY SECTION (current) |
| NAME |
Carlos P. Garritano |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
TUCKER ELLIS, LLP |
| INTERNAL ADDRESS |
SUITE 1100 |
| STREET |
950 MAIN AVE. |
| CITY |
CLEVELAND |
| STATE |
Ohio |
| POSTAL CODE |
44113 |
| COUNTRY |
US |
| PHONE |
216-696-5364 |
| FAX |
216-592-5009 |
| EMAIL |
carlos.garritano@tuckerellis.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
013704-00007 |
| ATTORNEY SECTION (proposed) |
| NAME |
Carlos P. Garritano |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
TUCKER ELLIS, LLP |
| INTERNAL ADDRESS |
SUITE 1100 |
| STREET |
950 MAIN AVE. |
| CITY |
CLEVELAND |
| STATE |
Ohio |
| POSTAL CODE |
44113 |
| COUNTRY |
United States |
| PHONE |
216-696-5364 |
| FAX |
216-592-5009 |
| EMAIL |
carlos.garritano@tuckerellis.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
013704-00007 |
| CORRESPONDENCE SECTION (current) |
| NAME |
CARLOS P. GARRITANO |
| FIRM NAME |
TUCKER ELLIS, LLP |
| INTERNAL ADDRESS |
SUITE 1100 |
| STREET |
950 MAIN AVE. |
| CITY |
CLEVELAND |
| STATE |
Ohio |
| POSTAL CODE |
44113 |
| COUNTRY |
US |
| PHONE |
216-696-5364 |
| FAX |
216-592-5009 |
| EMAIL |
carlos.garritano@tuckerellis.com; trademarks@tuckerellis.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
013704-00007 |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Carlos P. Garritano |
| FIRM NAME |
TUCKER ELLIS, LLP |
| INTERNAL ADDRESS |
SUITE 1100 |
| STREET |
950 MAIN AVE. |
| CITY |
CLEVELAND |
| STATE |
Ohio |
| POSTAL CODE |
44113 |
| COUNTRY |
United States |
| PHONE |
216-696-5364 |
| FAX |
216-592-5009 |
| EMAIL |
carlos.garritano@tuckerellis.com; trademarks@tuckerellis.com; ross.kowalski@tuckerellis.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
013704-00007 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Carlos P. Garritano/ |
| SIGNATORY'S NAME |
Carlos P. Garritano |
| SIGNATORY'S POSITION |
Attorney of record, Ohio bar member |
| SIGNATORY'S PHONE NUMBER |
2166965364 |
| DATE SIGNED |
10/11/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Oct 11 13:39:32 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XX-2
0191011133932733922-88386
129-6102e2f74a29ea8cc762f
ac81727afe0b25affdf9261b4
ab50c2892f7410f51d-N/A-N/
A-20191011112502659561 |
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.
88386129 BEERSMART (Stylized and/or with Design, see http://uspto.report/TM/88386129/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 045 for Services for tracking, management, and monitoring of, namely, beverage containers, beverage lines of dispensing systems, and contents of beverage containers
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 045 ) for Tracking, management, and monitoring of, namely, beverage containers, beverage lines of dispensing systems, and contents of beverage containers for
business purposes
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.
The applicant's current attorney information: Carlos P. Garritano. Carlos P. Garritano of TUCKER ELLIS, LLP, is located at
SUITE 1100
950 MAIN AVE.
CLEVELAND, Ohio 44113
US
The docket/reference number is 013704-00007.
The phone number is 216-696-5364.
The fax number is 216-592-5009.
The email address is carlos.garritano@tuckerellis.com
The applicants proposed attorney information: Carlos P. Garritano. Carlos P. Garritano of TUCKER ELLIS, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
SUITE 1100
950 MAIN AVE.
CLEVELAND, Ohio 44113
United States
The docket/reference number is 013704-00007.
The phone number is 216-696-5364.
The fax number is 216-592-5009.
The email address is carlos.garritano@tuckerellis.com
Carlos P. Garritano 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: CARLOS P. GARRITANO. CARLOS P. GARRITANO of TUCKER ELLIS, LLP, is located at
SUITE 1100
950 MAIN AVE.
CLEVELAND, Ohio 44113
US
The docket/reference number is 013704-00007.
The phone number is 216-696-5364.
The fax number is 216-592-5009.
The email address is carlos.garritano@tuckerellis.com; trademarks@tuckerellis.com
The applicants proposed correspondence information: Carlos P. Garritano. Carlos P. Garritano of TUCKER ELLIS, LLP, is located at
SUITE 1100
950 MAIN AVE.
CLEVELAND, Ohio 44113
United States
The docket/reference number is 013704-00007.
The phone number is 216-696-5364.
The fax number is 216-592-5009.
The email address is carlos.garritano@tuckerellis.com; trademarks@tuckerellis.com; ross.kowalski@tuckerellis.com
ADDITIONAL STATEMENTS
Color Claim
The color(s) white, orange, light orange, and gray is/are claimed as a feature of the mark.
Description of mark
The mark consists of a gray circle, with a white, gray and orange lightbulb inside the circle. Inside the lightbulb are light orange bubbles. Under the circle is the wording BEERSMART in white, on an
orange background.
SIGNATURE(S)
Response Signature
Signature: /Carlos P. Garritano/ Date: 10/11/2019
Signatory's Name: Carlos P. Garritano
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 2166965364
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: CARLOS P. GARRITANO
TUCKER ELLIS, LLP
SUITE 1100
950 MAIN AVE.
CLEVELAND, Ohio 44113
Mailing Address: Carlos P. Garritano
TUCKER ELLIS, LLP
SUITE 1100
950 MAIN AVE.
CLEVELAND, Ohio 44113
Serial Number: 88386129
Internet Transmission Date: Fri Oct 11 13:39:32 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019101113393273
3922-88386129-6102e2f74a29ea8cc762fac817
27afe0b25affdf9261b4ab50c2892f7410f51d-N
/A-N/A-20191011112502659561