Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88409444 NIGHTSHADE(Standard Characters, see http://uspto.report/TM/88409444/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Our product is marketed as "Nightshade Bourbon Barrel-Aged Vanilla Stout" (please see attached picture). It's clear it's from our brewery Epidemic Ales. If we pursue the mark as quoted above, would that be acceptable?

EVIDENCE
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /Brian Wang/     Date: 07/14/2019
Signatory's Name: Brian Wang
Signatory's Position: Owner

Signatory's Phone Number: 408-687-5440

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88409444
Internet Transmission Date: Mon Jul 15 00:39:56 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019071500395623
0023-88409444-620a8734b808365819cc1e451e
7f76e6efd5e2c3aa3c814bbe5e7be42569be6-N/
A-N/A-20190715002818987067