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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88812729 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
INSPIRO |
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. |
GOODS AND/OR SERVICES SECTION (033) (current) |
INTERNATIONAL CLASS |
033 |
DESCRIPTION |
tequila; agave based drinks including tequila; packaged alcoholic drinks; mixed drink ready to drink |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (033) (proposed) |
INTERNATIONAL CLASS |
033 |
TRACKED TEXT DESCRIPTION |
tequila; Distilled blue agave liquor; agave based drinks including tequila; distilled agave liquor-based beverages, including distilled blue agave liquor; packaged alcoholic drinks; packaged pre-mixed alcoholic beverages, other than beer; mixed drink ready to
drink; packaged ready-to-drink alcoholic beverages, except beer |
FINAL DESCRIPTION |
Distilled blue agave liquor; distilled agave liquor-based beverages, including distilled blue agave liquor; packaged pre-mixed
alcoholic beverages, other than beer; packaged ready-to-drink alcoholic beverages, except beer |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(class added) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
Non-alcoholic agave syrup-based beverages; packaged pre-mixed ready-to-drink beer-based beverages |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
TRANSLATION |
The English translation of INSPIRO in the mark is INSPIRE" or "INSPIRED". |
CORRESPONDENCE INFORMATION (current) |
NAME |
JUSTIN LAMPEL |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jlampel@lampellaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
INS-T-20-01 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Justin Lampel |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jlampel@lampellaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
INS-T-20-01 |
PAYMENT SECTION |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
NUMBER OF CLASSES |
1 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Justin Lampel/ |
SIGNATORY'S NAME |
Justin Lampel |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
05/22/2020 |
RESPONSE SIGNATURE |
/Justin Lampel/ |
SIGNATORY'S NAME |
Justin Lampel |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
05/22/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri May 22 11:31:24 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20200522113124497377-8881
2729-7102d84aa7f39e85f213
4c3bdf1cfcff858eea8b39c8c
f8bbb5fea458bc4c2-CC-3122
0271-20200522112712254868 |
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.
88812729 INSPIRO(Standard Characters, see http://uspto.report/TM/88812729/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 033 for tequila; agave based drinks including tequila; packaged alcoholic drinks; mixed drink ready to drink
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: tequila;
Distilled blue agave liquor;
agave based drinks
including tequila;
distilled agave liquor-based beverages, including distilled blue agave liquor;
packaged alcoholic
drinks;
packaged pre-mixed alcoholic beverages, other than beer;
mixed drink ready to drink;
packaged ready-to-drink alcoholic beverages, except beerClass 033 for Distilled blue agave liquor; distilled agave liquor-based beverages, including distilled blue agave liquor;
packaged pre-mixed alcoholic beverages, other than beer; packaged ready-to-drink alcoholic beverages, except 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 032 for Non-alcoholic agave syrup-based beverages; packaged pre-mixed ready-to-drink beer-based beverages
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
Translation
The English translation of INSPIRO in the mark is INSPIRE" or "INSPIRED".
Correspondence Information (current):
JUSTIN LAMPEL
PRIMARY EMAIL FOR CORRESPONDENCE: jlampel@lampellaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is INS-T-20-01.
Correspondence Information (proposed):
Justin Lampel
PRIMARY EMAIL FOR CORRESPONDENCE: jlampel@lampellaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is INS-T-20-01.
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).
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
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.
Signature: /Justin Lampel/ Date: 05/22/2020
Signatory's Name: Justin Lampel
Signatory's Position: Attorney
Response Signature
Signature: /Justin Lampel/ Date: 05/22/2020
Signatory's Name: Justin Lampel
Signatory's Position: Attorney
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: JUSTIN LAMPEL
LAMPEL & ASSOCIATES, P.C.
555 SKOKIE BLVD., SUITE 500
NORTHBROOK, Illinois 60062
Mailing Address: Justin Lampel
LAMPEL & ASSOCIATES, P.C.
555 SKOKIE BLVD., SUITE 500
NORTHBROOK, Illinois 60062
RAM Sale Number: 88812729
RAM Accounting Date: 05/22/2020
Serial Number: 88812729
Internet Transmission Date: Fri May 22 11:31:24 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200522113124497377-88812729-
7102d84aa7f39e85f2134c3bdf1cfcff858eea8b
39c8cf8bbb5fea458bc4c2-CC-31220271-20200
522112712254868