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. 88430294  (Stylized and/or with Design, see http://uspto.report/TM/88430294/mark.png) has been amended as follows:

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

Applicant, Carton Brewing Company, LLC, asserts that the instant mark does in fact function as a trademark.  Specifically, Applicant’s widespread usage of “box” logos has resulted in those logos becoming synonymous with Applicant such that consumers associate those logos with Applicant and identifying Applicant as the source of any “beer” that is sold under a “box” logo.

 

The definition of “carton” is “a box or container usually made of cardboard and often of corrugated cardboard” (see attached).  Since its inception in 2011, Applicant has played on this definition and its name (i.e. Carton Brewing) and has adopted both an “open box” logo and a “closed box” logo and has used those logos on packaging for its beer, in promotional materials for its beer as well as on merchandise associated with its beer.

 

Carton Brewing’s usage of its “open box” and “closed box” logos has become pervasive that consumers immediately recognize these logos and associate them with Applicant.  For example, a google search for “Carton Brewing” images reveals both logos in the first line of images (see attached).  Furthermore, Applicant’s http://cartonbrewing.com/ website and http://www.facebook.com/cartonbrewing/ and http://www.facebook.com/CartonOnTheRoad/?epa=SEARCH_BOX Facebook pages all prominently include Applicant’s box logos.  A print-out of the home page of Applicant’s website is attached as well as the image of the New Jersey box logo. 

 

Applicant has also attached a sampling of uses of its box logo, including:

 

• Vans and car used in connection with delivering and promoting Applicant’s beer;

• Cans for Applicant’s beer;

• Bottle for Applicant’s beer (with close-up of the label on that bottle);

• Growler used to take away draft beer from Applicant’s taproom;

• Wrap used on Applicant’s kegged beer;

• Glassware;

• Shirt;

• Neon sign;

• Bicycle sculpture in front of the taproom;

 

 

Applicant’s http://squareup.com/market/carton-brewing online store (print-out also attached) also illustrates the widespread usage of the box logos on merchandise associated with Applicant’s beer.

 

The association of the box logo with Applicant is so commonly known that the Wikipedia page devoted to Applicant includes a box logo as do third party beer review and location apps, Untappd and Tap Hunter.  See attached print-outs.

 

Based on the foregoing, Applicant asserts that the instant closed box logo serves to identify Carton Brewing as the source of beer sold under that logo mark.

EVIDENCE
Evidence in the nature of images and print-outs demonstrating widespread usage of the instant mark referenced in the argument in response to the refusal has been attached.
Original PDF file:
evi_100355594-20200203225651465720_._definition_of_carton.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_100355594-20200203225651465720_._Google_search_results.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._home_page.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._facebook_logo.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._delivery_vans___cars.PDF
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_100355594-20200203225651465720_._cans.PDF
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_100355594-20200203225651465720_._COMMA_bottle_and_label.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_100355594-20200203225651465720_._growler.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._keg_wrap.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._glassware.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._shirt.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._neon_sign.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._bicycle.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._online_store.PDF
Converted PDF file(s) ( 15 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Original PDF file:
evi_100355594-20200203225651465720_._Wikipedia.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_100355594-20200203225651465720_._untappd.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_100355594-20200203225651465720_._tap_hunter.PDF
Converted PDF file(s) ( 1 page)
Evidence-1

The applicant's current attorney information: Todd A. Denys. Todd A. Denys of PORZIO, BROMBERG & NEWMAN, P.C., is located at

      600 ALEXANDER ROAD, SUITE 2-1
      PRINCETON, New Jersey 08540
      US
The docket/reference number is 6047-146 US.

The phone number is 609-924-8555.

The fax number is 609-924-3036.

The email address is tadenys@pbnlaw.com

The applicants proposed attorney information: Todd A. Denys. Todd A. Denys of PORZIO, BROMBERG & NEWMAN, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 ALEXANDER ROAD, SUITE 2-1
      PRINCETON, New Jersey 08540
      United States
The docket/reference number is 6047-146 US.

The phone number is 609-924-8555.

The fax number is 609-924-3036.

The email address is tadenys@pbnlaw.com

Todd A. Denys 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: TODD A. DENYS. TODD A. DENYS of PORZIO, BROMBERG & NEWMAN, P.C., is located at

      600 ALEXANDER ROAD, SUITE 2-1
      PRINCETON, New Jersey 08540
      US
The docket/reference number is 6047-146 US.

The phone number is 609-924-8555.

The fax number is 609-924-3036.

The email address is tadenys@pbnlaw.com

The applicants proposed correspondence information: Todd A. Denys. Todd A. Denys of PORZIO, BROMBERG & NEWMAN, P.C., is located at

      600 ALEXANDER ROAD, SUITE 2-1
      PRINCETON, New Jersey 08540
      United States
The docket/reference number is 6047-146 US.

The phone number is 609-924-8555.

The fax number is 609-924-3036.

The email address is tadenys@pbnlaw.com

SIGNATURE(S)
Response Signature
Signature: /todd a denys/     Date: 02/03/2020
Signatory's Name: Todd A. Denys
Signatory's Position: Attorney of record

Signatory's Phone Number: 609-924-8555

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:    TODD A. DENYS
   PORZIO, BROMBERG & NEWMAN, P.C.
   
   600 ALEXANDER ROAD, SUITE 2-1
   PRINCETON, New Jersey 08540
Mailing Address:    Todd A. Denys
   PORZIO, BROMBERG & NEWMAN, P.C.
   600 ALEXANDER ROAD, SUITE 2-1
   PRINCETON, New Jersey 08540
        
Serial Number: 88430294
Internet Transmission Date: Mon Feb 03 23:04:41 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200203230441837
445-88430294-70056adec779d47addd96a3b738
6b984ae1ccbd3142524bfd7c68828ded2bec1c47
-N/A-N/A-20200203225651465720