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. 88490360 TRES (Stylized and/or with Design, see http://uspto.report/TM/88490360/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 007 for Electric brewing machines for brewing coffee

Applicant proposes to amend the following:
Current: Class 030 for Coffee; beverages based on coffee; beverages based on coffee with milk; coffee substitutes; tea; beverages based on cocoa; coffee and beverages aforementioned in capsules
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: Coffee; beverages based on coffee; beverages with a coffee base; beverages based on coffee with milk; coffee-based beverages containing milk; coffee substitutes; tea; beverages based on cocoa; coffee and beverages aforementioned in capsules; coffee capsules containing coffee for brewing; capsules containing beverages with a coffee base for brewing; capsules containing coffee-based beverages containing milk for brewing; capsules containing coffee substitutes for brewing; tea capsules containing tea for brewing; capsules containing beverages based on cocoa for brewingClass 030 for Coffee; beverages with a coffee base; coffee-based beverages containing milk; coffee substitutes; tea; beverages based on cocoa; coffee capsules containing coffee for brewing; capsules containing beverages with a coffee base for brewing; capsules containing coffee-based beverages containing milk for brewing; capsules containing coffee substitutes for brewing; tea capsules containing tea for brewing; capsules containing beverages based on cocoa for brewing
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: CAFÉ TRÊS CORAÇÕES S/A, a corporation of Brazil, having an address of

            Avenida Brasilia, 5145, Galpão      São Benedito, Santa Luzia
      Minas Gerais, 33170-000
      Brazil

Proposed: CAFÉ TRÊS CORAÇÕES S/A, a corporation of Brazil, having an address of
      Avenida Brasilia, 5145, Galpão
      São Benedito, Santa Luzia
      Minas Gerais, 33170-000
      Brazil
      Email Address: uspto@lawabel.com

The owner's/holder's current attorney information: Julianne Abelman. Julianne Abelman of ABELMAN, FRAYNE & SCHWAB, is located at

      10TH FLOOR
      666 THIRD AVENUE
      NEW YORK, New York 10017
      United States
The docket/reference number is 879851.
      The phone number is 212-949-9022.
      The fax number is 212-949-9190.
      The email address is docket@lawabel.com

The owner's/holder's proposed attorney information: Julianne Abelman. Other appointed attorneys are Frank Terranella, Julie Seyler, Marie Anne Mastrovito and Erica Halstead. Julianne Abelman of ABELMAN, FRAYNE & SCHWAB, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      10TH FLOOR
      666 THIRD AVENUE
      NEW YORK, New York 10017
      United States
The docket/reference number is 879851.
      The phone number is 212-949-9022.
      The fax number is 212-949-9190.
      The email address is fterranella@lawabel.com

Julianne Abelman 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):
      JULIANNE ABELMAN
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@lawabel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): leabelman@lawabel.com

The docket/reference number is 879851.
Correspondence Information (proposed):
      Julianne Abelman
      PRIMARY EMAIL FOR CORRESPONDENCE: fterranella@lawabel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@lawabel.com

The docket/reference number is 879851.

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: /ft/     Date: 03/17/2020
Signatory's Name: Frank Terranella
Signatory's Position: Attorney for Owner, NY Bar member no. 1918697 (1984)

Signatory's Phone Number: 2129499022

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:    JULIANNE ABELMAN
   ABELMAN, FRAYNE & SCHWAB
   10TH FLOOR
   666 THIRD AVENUE
   NEW YORK, New York 10017
Mailing Address:    Julianne Abelman
   ABELMAN, FRAYNE & SCHWAB
   10TH FLOOR
   666 THIRD AVENUE
   NEW YORK, New York 10017
        
Serial Number: 88490360
Internet Transmission Date: Tue Mar 17 15:41:33 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200317154133081
797-88490360-710f060ed3ae1a48e3f872c4af0
6e5489f266155de65b531cf912e4d09fd1d5495-
N/A-N/A-20200317153636718379