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. 88801612 PEACOCK (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8880161 2/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 032 for Non-alcoholic rice punch (Sikhye); non-alcoholic cinnamon punch with dried persimmon (Sujeonggwa); Frozen fruit drinks; frozen fruit-based drinks; non-alcoholic rice-based beverages not being milk substitutes; non-alcoholic punches; soft drinks; preparations for making effervescent beverages; non-alcoholic beverages, namely, carbonated beverages, beverages with tea flavor, honey-based beverages, and malt beverages; vegetable or fruit processed beverages, namely, vegetable juices, fruit juices, and vegetable-fruit juice; non-alcoholic fruit nectars; preparations for making beverages, namely, lemon juice, and fruit drinks; non-alcoholic fruit extracts used in the preparation of making beverages; aerated water; vegetable juices for beverages; mineral water; waters for beverages; beer
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: Non-alcoholic rice punch (Sikhye); non-alcoholic cinnamon punch with dried persimmon (Sujeonggwa); Frozen fruit drinks; frozen fruit-based drinks; non-alcoholic rice-based beverages not being milk substitutes; non-alcoholic punches; soft drinks; preparations for making effervescent beverages; preparations for making effervescent beverages, namely, fruit drinks; non-alcoholic beverages, namely, carbonated beverages, beverages with tea flavor, honey-based beverages, and malt beverages; vegetable or fruit processed beverages, namely, vegetable juices, fruit juices, and vegetable-fruit juice; non-alcoholic fruit nectars; preparations for making beverages, namely, lemon juice, and fruit drinks; non-alcoholic fruit extracts used in the preparation of making beverages; aerated water; vegetable juices for beverages; mineral water; waters for beverages; beerClass 032 for Non-alcoholic rice punch (Sikhye); non-alcoholic cinnamon punch with dried persimmon (Sujeonggwa); Frozen fruit drinks; frozen fruit-based drinks; non-alcoholic rice-based beverages not being milk substitutes; non-alcoholic punches; soft drinks; preparations for making effervescent beverages, namely, fruit drinks; non-alcoholic beverages, namely, carbonated beverages, beverages with tea flavor, honey-based beverages, and malt beverages; vegetable or fruit processed beverages, namely, vegetable juices, fruit juices, and vegetable-fruit juice; non-alcoholic fruit nectars; preparations for making beverages, namely, lemon juice, and fruit drinks; non-alcoholic fruit extracts used in the preparation of making beverages; aerated water; vegetable juices for beverages; mineral water; waters for beverages; beer
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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording "PEACOCK" in all capital letters in block print font.
Correspondence Information (current):
      MIRIAM D. TRUDELL
      PRIMARY EMAIL FOR CORRESPONDENCE: mtrudell@sheridanross.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 7945EM-18-1.
Correspondence Information (proposed):
      Miriam D. Trudell
      PRIMARY EMAIL FOR CORRESPONDENCE: mtrudell@sheridanross.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jsinclare@sheridanross.com

The docket/reference number is 7945EM-18-1.

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: /miriam trudell/     Date: 07/17/2020
Signatory's Name: Miriam D. Trudell
Signatory's Position: Attorney of Record, Colorado bar member

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:    MIRIAM D. TRUDELL
   SHERIDAN ROSS P.C.
   
   1560 BROADWAY, SUITE 1200
   DENVER, Colorado 80202
Mailing Address:    Miriam D. Trudell
   SHERIDAN ROSS P.C.
   1560 BROADWAY, SUITE 1200
   DENVER, Colorado 80202
        
Serial Number: 88801612
Internet Transmission Date: Fri Jul 17 14:41:55 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020071714415538
0465-88801612-740df54f1624a14378d4a4c32b
dabb9d4927e9956e1fdf077481052c3d343a9d6-
N/A-N/A-20200717142651619326