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. 88411512 CRUZ(Standard Characters, see http://uspto.report/TM/88411512/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Applicant's arguments and related Exhibits A-C in response to the Office Action dated July 2, 2019. has been attached.
Original PDF file:
evi_121923534-20200102141809047048_._Response.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_121923534-20200102141809047048_._ExA-C.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 043 for Brewpub services

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Beer
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.

Proposed:
Tracked Text Description: Beer; Mexican-style craft beerClass 032 for Mexican-style craft beer
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: Brian Lum. Brian Lum of ICE MILLER LLP, is located at

      200 W. MADISON ST., STE. 3500
      CHICAGO, Illinois 60606
      US
The docket/reference number is 62782.4021.

The phone number is 312-726-8129.

The fax number is 312-726-6259.

The email address is brian.lum@icemiller.com

The applicants proposed attorney information: Brian Lum. Other appointed attorneys are Alice Kelly, Shyla Jones, Adam Sussman. Brian Lum of ICE MILLER 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

      200 W. MADISON ST., STE. 3500
      CHICAGO, Illinois 60606
      United States
The docket/reference number is 62782.4021.

The phone number is 312-726-8129.

The fax number is 312-726-7371.

The email address is brian.lum@icemiller.com

Brian Lum 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 LUM. BRIAN LUM of ICE MILLER LLP, is located at

      200 W. MADISON ST., STE. 3500
      CHICAGO, Illinois 60606
      US
The docket/reference number is 62782.4021.

The phone number is 312-726-8129.

The fax number is 312-726-6259.

The email address is brian.lum@icemiller.com; chiipdocket@icemiller.com

The applicants proposed correspondence information: Brian Lum. Brian Lum of ICE MILLER LLP, is located at

      200 W. MADISON ST., STE. 3500
      CHICAGO, Illinois 60606
      United States
The docket/reference number is 62782.4021.

The phone number is 312-726-8129.

The fax number is 312-726-7371.

The email address is brian.lum@icemiller.com; chiipdocket@icemiller.com

SIGNATURE(S)
Response Signature
Signature: /Brian J. Lum/     Date: 01/02/2020
Signatory's Name: Brian J. Lum
Signatory's Position: Attorney of record, Illinois bar member.

Signatory's Phone Number: 312-726-8129

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 LUM
   ICE MILLER LLP
   
   200 W. MADISON ST., STE. 3500
   CHICAGO, Illinois 60606
Mailing Address:    Brian Lum
   ICE MILLER LLP
   200 W. MADISON ST., STE. 3500
   CHICAGO, Illinois 60606
        
Serial Number: 88411512
Internet Transmission Date: Thu Jan 02 14:27:11 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200102142711708
180-88411512-7009990dc53f7481dc31ad82575
2d125251f51de34f57aab5dd11c3770473615a3-
N/A-N/A-20200102141809047048