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 |
88414749 |
LAW OFFICE ASSIGNED |
LAW OFFICE 121 |
MARK SECTION |
MARK |
http://uspto.report/TM/88414749/mark.png |
LITERAL ELEMENT |
GRAN MALO SHOTS |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
033 |
DESCRIPTION |
Alcoholic beverages, except beer |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2200599 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
04/30/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
033 |
DESCRIPTION |
Alcoholic beverages, except beer |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
|
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. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
2024598 |
FOREIGN REGISTRATION
COUNTRY |
Mexico |
FOREIGN REGISTRATION
DATE |
07/25/2019 |
FOREIGN EXPIRATION DATE |
04/30/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-71255147146-140745531_._Gran_Malo_Shots_Reg_2024598_En.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\147\88414749\xml6\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\147\88414749\xml6\ROA0003.JPG |
ORIGINAL PDF FILE |
FRU0-71255147146-140745531_._Gran_Malo_Shots_Reg_2024598_Sp.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\884\147\88414749\xml6\ROA0004.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use "SHOTS" apart from the mark as shown. |
ATTORNEY SECTION (current) |
NAME |
Kelly A. Donahue |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
VERRILL DANA, LLP |
STREET |
ONE PORTLAND SQUARE |
CITY |
PORTLAND |
STATE |
Maine |
POSTAL CODE |
04101-4054 |
COUNTRY |
US |
EMAIL |
trademarks@verrilldana.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
10889-8801 |
ATTORNEY SECTION (proposed) |
NAME |
Kelly A. Donahue |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
VERRILL DANA, LLP |
STREET |
ONE PORTLAND SQUARE |
CITY |
PORTLAND |
STATE |
Maine |
POSTAL CODE |
04101 |
COUNTRY |
United States |
EMAIL |
trademarks@verrilldana.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
10889-8801 |
CORRESPONDENCE SECTION (current) |
NAME |
KELLY A. DONAHUE |
FIRM NAME |
VERRILL DANA, LLP |
STREET |
ONE PORTLAND SQUARE |
CITY |
PORTLAND |
STATE |
Maine |
POSTAL CODE |
04101-4054 |
COUNTRY |
US |
EMAIL |
trademarks@verrilldana.com; kdonahue@verrilldana.com; apaquette@verrilldana.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
10889-8801 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Kelly A. Donahue |
FIRM NAME |
VERRILL DANA, LLP |
STREET |
ONE PORTLAND SQUARE |
CITY |
PORTLAND |
STATE |
Maine |
POSTAL CODE |
04101 |
COUNTRY |
United States |
EMAIL |
trademarks@verrilldana.com; kdonahue@verrilldana.com; apaquette@verrilldana.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
10889-8801 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/KAD/ |
SIGNATORY'S NAME |
Kelly A. Donahue |
SIGNATORY'S POSITION |
Attorney of Record, Maine Bar Member |
DATE SIGNED |
08/13/2019 |
RESPONSE SIGNATURE |
/KAD/ |
SIGNATORY'S NAME |
Kelly A. Donahue |
SIGNATORY'S POSITION |
Attorney of Record, Maine Bar Member |
DATE SIGNED |
08/13/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Aug 13 14:18:15 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190813141815485839-8841
4749-610a01e625077a8cd222
c4a8643f2cb30d3265f216097
6518d32bc816be193d254-N/A
-N/A-20190813140745531635 |
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.
88414749 GRAN MALO SHOTS(Standard Characters, see http://uspto.report/TM/88414749/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 033 for Alcoholic beverages, except 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.
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[ Mexico application number 2200599 filed 04/30/2019]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 033 for Alcoholic beverages, except beer
Deleted Filing Basis: 1(b)
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 [ application number filed ]. 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 [ Mexico registration number 2024598 registered 07/25/2019 with
a renewal date of __________ and an expiration date of 04/30/2029 ], 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:
FRU0-71255147146-140745531_._Gran_Malo_Shots_Reg_2024598_En.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2
Original PDF file:
FRU0-71255147146-140745531_._Gran_Malo_Shots_Reg_2024598_Sp.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1
The applicant's current attorney information: Kelly A. Donahue. Kelly A. Donahue of VERRILL DANA, LLP, is located at
ONE PORTLAND SQUARE
PORTLAND, Maine 04101-4054
US
The docket/reference number is 10889-8801.
The email address is trademarks@verrilldana.com
The applicants proposed attorney information: Kelly A. Donahue. Kelly A. Donahue of VERRILL DANA, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
ONE PORTLAND SQUARE
PORTLAND, Maine 04101
United States
The docket/reference number is 10889-8801.
The email address is trademarks@verrilldana.com
Kelly A. Donahue submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: KELLY A. DONAHUE. KELLY A. DONAHUE of VERRILL DANA, LLP, is located at
ONE PORTLAND SQUARE
PORTLAND, Maine 04101-4054
US
The docket/reference number is 10889-8801.
The email address is trademarks@verrilldana.com; kdonahue@verrilldana.com; apaquette@verrilldana.com
The applicants proposed correspondence information: Kelly A. Donahue. Kelly A. Donahue of VERRILL DANA, LLP, is located at
ONE PORTLAND SQUARE
PORTLAND, Maine 04101
United States
The docket/reference number is 10889-8801.
The email address is trademarks@verrilldana.com; kdonahue@verrilldana.com; apaquette@verrilldana.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "SHOTS" apart from the mark as shown.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /KAD/ Date: 08/13/2019
Signatory's Name: Kelly A. Donahue
Signatory's Position: Attorney of Record, Maine Bar Member
Response Signature
Signature: /KAD/ Date: 08/13/2019
Signatory's Name: Kelly A. Donahue
Signatory's Position: Attorney of Record, Maine Bar Member
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: KELLY A. DONAHUE
VERRILL DANA, LLP
ONE PORTLAND SQUARE
PORTLAND, Maine 04101-4054
Mailing Address: Kelly A. Donahue
VERRILL DANA, LLP
ONE PORTLAND SQUARE
PORTLAND, Maine 04101
Serial Number: 88414749
Internet Transmission Date: Tue Aug 13 14:18:15 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908131418154
85839-88414749-610a01e625077a8cd222c4a86
43f2cb30d3265f2160976518d32bc816be193d25
4-N/A-N/A-20190813140745531635