TEAS Response to Suspension Inquiry

PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

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.

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PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

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.

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88619183 BOFFIN CRAFT DISTILLERY(Standard Characters, see http://uspto.report/TM/88619183/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 88488029 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)
while the 6 month period of time has expired for the applicant to respond to the suspension letter, the applicant is requesting the Office to remove the suspension of this application and to continue prosecution. US Serial Number 88488029 has now received a notice of publication. Further, the applicant submits, and will present this information in a response to a substantive office action, that the pending mark 88488029 for BAFFIN BREWING COMPANY is not confusingly similar to the pending mark BOFFIN CRAFT DISTILLERY. The cited mark has been filed in IC 032 for Beer; Craft beers and in IC 043 for Brewpub services; Taproom services featuring craft beer brewed on premises. The present application has been filed for Distilled Spirits in IC 033. Further, the applicant submits that the terms of most commercial impression in these marks is BAFFIN and BOFFIN, which have entirely different meanings, pronunciation and are phonetically different. According to Dictionary.com, the definition of BAFFIN is a name of a navigator: William, 1584??1622, an English navigator who explored arctic North America. At collinsdictionary.com, BAFFIN is defined as a "region in the territory of Nunavut, Canada, in the N & E part". Merriam-Webster defines BAFFIN as follows: 1 Baffin Bay : part of the Atlantic Ocean, 2 Baffin Island: island of Canada in the Arctic Archipelago. In addition, each of these cites and others confirm that the term BAFFIN is phonetically pronounced b?fən In contrast, Dictionary.com defines the term BOFFIN as: a scientist or technical expert. Collinsdictionary.com defines BOFFIN as A boffin is a scientist, especially one who is doing research. Merriam-Webster defines itBOFFIN as a scientific expert; especially : one involved in technological research. In addition, each of these cited and others confirm that the term BOFFIN is phonetically pronounced bah-fin. Thus, the applicant respectfully submits that there would be no confusion between these two marks and respectfully requests the Office to remove the suspension on this case and to continue to prosecution the application.


OTHER REASON
while the 6 month period of time has expired for the applicant to respond to the suspension letter, the applicant is requesting the Office to remove the suspension of this application and to continue prosecution. US Serial Number 88488029 has now received a notice of publication. Further, the applicant submits, and will present this information in a response to a substantive office action, that the pending mark 88488029 for BAFFIN BREWING COMPANY is not confusingly similar to the pending mark BOFFIN CRAFT DISTILLERY. The cited mark has been filed in IC 032 for Beer; Craft beers and in IC 043 for Brewpub services; Taproom services featuring craft beer brewed on premises. The present application has been filed for Distilled Spirits in IC 033. Further, the applicant submits that the terms of most commercial impression in these marks is BAFFIN and BOFFIN, which have entirely different meanings, pronunciation and are phonetically different. According to Dictionary.com, the definition of BAFFIN is a name of a navigator: William, 1584??1622, an English navigator who explored arctic North America. At collinsdictionary.com, BAFFIN is defined as a "region in the territory of Nunavut, Canada, in the N & E part". Merriam-Webster defines BAFFIN as follows: 1 Baffin Bay : part of the Atlantic Ocean, 2 Baffin Island: island of Canada in the Arctic Archipelago. In addition, each of these cites and others confirm that the term BAFFIN is phonetically pronounced b?fən In contrast, Dictionary.com defines the term BOFFIN as: a scientist or technical expert. Collinsdictionary.com defines BOFFIN as A boffin is a scientist, especially one who is doing research. Merriam-Webster defines itBOFFIN as a scientific expert; especially : one involved in technological research. In addition, each of these cited and others confirm that the term BOFFIN is phonetically pronounced bah-fin. Thus, the applicant respectfully submits that there would be no confusion between these two marks and respectfully requests the Office to remove the suspension on this case and to continue to prosecution the application. The attorney of record and change of address form have been previously presented.


The owner's/holder's current attorney information: Frank Knizner. Frank Knizner of LEHRMAN BEVERAGE LAW, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      STE. 303
      2911 HUNTER MILL RD.
      OAKTON, Virginia
      United States
The docket/reference number is TM1207.

The phone number is 202-449-3739 x6.

The email address is frank.knizner@bevlaw.com

The owner's/holder's proposed attorney information: Frank Knizner. Other appointed attorneys are Gregory Scott Smith. Recognized Canadian attorney(s)/agent(s) is/are Gregory Scott Smith. Frank Knizner of Smith Tempel Blaha LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      50 Glenlake Parkway, Suite 340
      Atlanta, Georgia 30328
      United States
The docket/reference number is 02114.8020.

The phone number is 7707090080.

The email address is gsmith@srtslaw.com

Frank Knizner 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):
      Frank Knizner
      PRIMARY EMAIL FOR CORRESPONDENCE: frank.knizner@bevlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@bevlaw.com
Correspondence Information (proposed):
      Frank Knizner
      PRIMARY EMAIL FOR CORRESPONDENCE: gsmith@srtslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@srtslaw.com; mkoon@srtslaw.com

The docket/reference number is 02114.8020.

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

Response Suspension Inquiry Signature
Signature: /Gregory Scott Smith/     Date: 01/06/2021
Signatory's Name: Gregory Scott Smith
Signatory's Position: Attorney of record, Georgia bar member
Signatory's Phone Number: 4046433430
Signature method: Signed directly within the form

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:    Frank Knizner
   LEHRMAN BEVERAGE LAW, PLLC
   STE. 303
   2911 HUNTER MILL RD.
   OAKTON, Virginia
Mailing Address:    Frank Knizner
   Smith Tempel Blaha LLC
   50 Glenlake Parkway, Suite 340
   Atlanta, Georgia 30328
        
Serial Number: 88619183
Internet Transmission Date: Wed Jan 06 13:00:27 ET 2021
TEAS Stamp: USPTO/RSI-XX.XXX.XX.XX-20210106130027262
769-88619183-76094dd9ea4165c82bb9610eda1
5abc78c0eeaaa29ddb94a27c85a489cf0fdc1b5-
N/A-N/A-20210106121211690152