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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88483740 |
LAW OFFICE ASSIGNED | LAW OFFICE 111 |
MARK SECTION | |
MARK | http://uspto.report/TM/88483740/mark.png |
LITERAL ELEMENT | BEER |
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. |
ARGUMENT(S) | |
Hi Inga, I have attached a screenshot of our online store that shows use of the BEER mark. The specimen we've provided shows a screen printed neck label of the BEER mark on one of our t-shirts and means for ordering on our website. We have been using this mark since at least since 2015 and now are selling a lot more of these products. I hope this resolves the specimen issue. Please contact me if you have any questions. Thanks, Evan | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 025 |
DESCRIPTION | |
Bottoms as clothing; Footwear; Headwear; Jackets; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweaters; Sweatpants; Tops as clothing | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/21/2015 |
FIRST USE IN COMMERCE DATE | At least as early as 11/21/2015 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 025 |
DESCRIPTION | |
Bottoms as clothing; Footwear; Headwear; Jackets; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweaters; Sweatpants; Tops as clothing | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/21/2015 |
FIRST USE IN COMMERCE DATE | At least as early as 11/21/2015 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-17322719100-20200305114721316881_._BEER_specimen_from_site.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT18\884\837\88483740\xml1\ROA0002.JPG |
SPECIMEN DESCRIPTION | screenshot showing the mark in connection with the goods which include (1) a picture or textual description of the identified goods; (2) show the mark in association with the goods; and (3) provides a means for ordering goods |
CORRESPONDENCE INFORMATION (current) | |
NAME | EVAN PINSTEIN |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | pinstein@gmail.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Never Working, LLC |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | pinstein@gmail.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | Evan |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /evan pinstein/ |
SIGNATORY'S NAME | Evan Pinstein |
SIGNATORY'S POSITION | Principal |
SIGNATORY'S PHONE NUMBER | 978-500-5191 |
DATE SIGNED | 03/05/2020 |
RESPONSE SIGNATURE | /evan pinstein/ |
SIGNATORY'S NAME | Evan Pinstein |
SIGNATORY'S POSITION | Principal |
SIGNATORY'S PHONE NUMBER | 978-500-5191 |
DATE SIGNED | 03/05/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Mar 05 12:03:46 ET 2020 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XXX- 20200305120346940301-8848 3740-7107ef5bb7acc7493c18 ab47c88416f619a99085eae11 826223677af2ac272688-N/A- N/A-20200305114721316881 |
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) |
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.