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. 88480642 DRY AGING BIBLE(Standard Characters, see http://uspto.report/TM/88480642/mark.png) has been amended as follows:

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

The mark is suggestive as a result of the numerous meanings and incongruity of terms that would be recognized by most of the purchasing public. The mark does not immediately describe the characteristic of applicant's goods and services and requires thought and imagination. See full argument in the Amendment.

EVIDENCE
Evidence in the nature of Amendment plus certified copies of the application and registration. has been attached.
Original PDF file:
evi_2601146410337109533e5f5022290d-20200330130618433438_._DryAgingBibleAmendment.3302020.pdf
Converted PDF file(s) ( 23 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
Evidence-16
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Evidence-18
Evidence-19
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Evidence-21
Evidence-22
Evidence-23

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 016 for Printed matter; Printed publications; Periodicals; Journals; Newspapers; Books; Newsletters; Leaflets; Pages downloaded from the internet (in paper format); Printed programs; Guides; Tickets; Certificates; Gift vouchers; Catalogues; Photographs; Prints and pictures; Posters; Stickers; Rub down transfers; Calendars; Address books; Scrapbooks; Envelopes; Tag labels; Folders; Binders; Notebooks; Paper; Paperboard; Stationery; Writing instruments; Pens; Pencils; Pen and pencil cases, boxes and holders; Bookmarkers; Bookends; Paperweights; Cards; Greeting cards; Wrapping and packaging materials; Gift wrap and packaging paper; Gift bags and bags for packaging; Gift tags; Table linen of paper; Mats for beer glasses; Paper flags and pennants; Paper banners
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[ European Union Trademark - EUTM application number 018004775 filed 12/28/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Printed matter; Printed matter namely, paper signs, books, manuals, curricula, newsletters, informational cards and brochures in the field of food preparation; Printed publications; Printed publications, namely, brochures, booklets and teaching materials in the field of food preparation; Periodicals; Printed periodicals in the field of food preparation; Journals; Blank journals; Newspapers; Books; Books in the field of food preparation; Newsletters; Newsletters in the field of food preparation; Leaflets; Leaflets about food preparation; Pages downloaded from the internet (in paper format); Printed pages downloaded from the internet, namely, scrapbook pages, photograph album pages, archival storage pages; Printed programs; Printed event programs; Guides; Printed guides for the preparation of food; Tickets; Printed tickets; Certificates; Printed certificates; Gift vouchers; Printed gift vouchers; Catalogues; Catalogs in the field of food preparation; Photographs; Prints and pictures; Posters; Stickers; Rub down transfers; Calendars; Address books; Scrapbooks; Envelopes; Tag labels; Paper tag labels; Folders; Binders; Notebooks; Paper; Paperboard; Stationery; Stationary; Writing instruments; Pens; Pencils; Pen and pencil cases, boxes and holders; Bookmarkers; Bookends; Paperweights; Cards; Cards, namely blank cards, trivia cards, note cards, recipe cards on the preparation of food; Greeting cards; Wrapping and packaging materials; Plastic film for use as wrapping and packaging material for displaying or preserving food; Gift wrap and packaging paper; Gift bags and bags for packaging; Gift bags and plastic or paper bags for packaging; Gift tags; Paper gift tags; Table linen of paper; Mats for beer glasses; Table mats of cardboard for beer glasses; Paper flags and pennants; Paper flags and pennants and Paper banners.; Paper bannersClass 016 for Printed matter namely, paper signs, books, manuals, curricula, newsletters, informational cards and brochures in the field of food preparation; Printed publications, namely, brochures, booklets and teaching materials in the field of food preparation; Printed periodicals in the field of food preparation; Blank journals; Newspapers; Books in the field of food preparation; Newsletters in the field of food preparation; Leaflets about food preparation; Printed pages downloaded from the internet, namely, scrapbook pages, photograph album pages, archival storage pages; Printed event programs; Printed guides for the preparation of food; Printed tickets; Printed certificates; Printed gift vouchers; Catalogs in the field of food preparation; Photographs; Prints and pictures; Posters; Stickers; Rub down transfers; Calendars; Address books; Scrapbooks; Envelopes; Paper tag labels; Folders; Binders; Notebooks; Paper; Paperboard; Stationary; Writing instruments; Pens; Pencils; Pen and pencil cases, boxes and holders; Bookmarkers; Bookends; Paperweights; Cards, namely blank cards, trivia cards, note cards, recipe cards on the preparation of food; Greeting cards; Plastic film for use as wrapping and packaging material for displaying or preserving food; Gift wrap and packaging paper; Gift bags and plastic or paper bags for packaging; Paper gift tags; Table linen of paper; Table mats of cardboard for beer glasses; Paper flags and pennants and Paper banners.
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 [ European Union Trademark - EUTM application number 018004775 filed 12/28/2018]. 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Landig + Lava GmbH & Co. KG, a limited liability company legally organized under the laws of Germany, having an address of
      Valentinstrasse 35-1
      D-88348 Bad Saulgau, D-88348
      Germany

Proposed: Landig + Lava GmbH & Co. KG, a limited liability company legally organized under the laws of Germany, having an address of
      Valentinstrasse 35-1
      D-88348 Bad Saulgau, D-88348
      Germany
      Email Address: andre@ravenspat.de

The owner's/holder's current attorney information: William D. Breneman, Esq.. William D. Breneman, Esq. of BRENEMAN & GEORGES, is located at

      3150 COMMONWEALTH AVENUE
      ALEXANDRIA, Virginia 22305
      United States
      The phone number is 703-683-8006.
      The fax number is 703-683-8009.
      The email address is BrenemanLaw@aol.com

The owner's/holder's proposed attorney information: William D. Breneman, Esq.. William D. Breneman, Esq. of BRENEMAN & GEORGES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3150 COMMONWEALTH AVENUE
      ALEXANDRIA, Virginia 22305
      United States
      The phone number is 703-683-8006.
      The fax number is 703-683-8009.
      The email address is BrenemanLaw@aol.com

William D. Breneman, Esq. 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.Correspondence Information (current):
      WILLIAM D. BRENEMAN, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: BrenemanLaw@aol.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      William D. Breneman, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: BrenemanLaw@aol.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: //WDB//     Date: 03/30/2020
Signatory's Name: William D. Breneman
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 703-683-8006

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:    WILLIAM D. BRENEMAN, ESQ.
   BRENEMAN & GEORGES
   
   3150 COMMONWEALTH AVENUE
   ALEXANDRIA, Virginia 22305
Mailing Address:    William D. Breneman, Esq.
   BRENEMAN & GEORGES
   3150 COMMONWEALTH AVENUE
   ALEXANDRIA, Virginia 22305
        
Serial Number: 88480642
Internet Transmission Date: Mon Mar 30 13:30:03 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:e5f:50
22:290d-20200330133003915445-88480642-71
0667afffe75ecc9641d87354a309c6bd5d9cfa31
f1fa75059ed96195393392d-N/A-N/A-20200330
130618433438