TEAS Response to Suspension Inquiry

MONSTER SUPER COLA

Monster Energy Company

Response to Suspension Inquiry or Letter of Suspension

PTO- 1822
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Suspension Inquiry or Letter of Suspension


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90640063
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION
MARK FILE NAME http://uspto.report/TM/90640063/mark.png
LITERAL ELEMENT MONSTER SUPER COLA
FOREIGN APPLICATION(S)
The applicant herein elects NOT to proceed to registration under Section 44(e). The claim of priority previously made under Section 44(d) will be retained in the USPTO's records.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 032
DESCRIPTION
(Based on Intent to Use) Energy drinks; Soft drinks; Sports drinks(Based on 44(d) Priority Application) Energy drinks; Soft drinks; Sports drinks
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2020-128998
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Japan
        FOREIGN FILING DATE 10/19/2020
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 032
DESCRIPTION
(Based on Intent to Use) Energy drinks; Soft drinks; Sports drinks(Based on 44(d) Priority Application) Energy drinks; Soft drinks; Sports drinks
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2020-128998
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Japan
       FOREIGN FILING DATE 10/19/2020
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
CORRESPONDENCE INFORMATION (current)
NAME Jessica Sganga
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE efiling@knobbe.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Jessica Sganga
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE efiling@knobbe.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER HANB.12091T
SIGNATURE SECTION
RESPONSE SIGNATURE /Jessica Sganga/
SIGNATORY'S NAME Jessica Sganga
SIGNATORY'S POSITION Attorney of record, California Bar member
DATE SIGNED 10/12/2022
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Wed Oct 12 14:22:22 ET 2022
TEAS STAMP USPTO/RSI-XXX.XXX.XX.XX-2
0221012142222915883-90640
063-80077c96960bbaf8f9e13
0b1908ac064505296a81d6057
118fd035c230fd8b9e8d-N/A-
N/A-20221005182403874298



PTO- 1822
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Suspension Inquiry or Letter of Suspension


To the Commissioner for Trademarks:

Application serial no. 90640063 MONSTER SUPER COLA (Stylized and/or with Design, see http://uspto.report/TM/90640063/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The applicant herein elects NOT to proceed to registration under Section 44(e). The claim of priority previously made under Section 44(d) will be retained in the USPTO's records.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for (Based on Intent to Use) Energy drinks; Soft drinks; Sports drinks(Based on 44(d) Priority Application) Energy drinks; Soft drinks; Sports drinks
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Japan application number 2020-128998 filed 10/19/2020]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 032 for (Based on Intent to Use) Energy drinks; Soft drinks; Sports drinks(Based on 44(d) Priority Application) Energy drinks; Soft drinks; Sports drinks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Japan application number 2020-128998 filed 10/19/2020]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.

Correspondence Information (current):
      Jessica Sganga
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@knobbe.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jessica Sganga
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@knobbe.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is HANB.12091T.

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: /Jessica Sganga/     Date: 10/12/2022
Signatory's Name: Jessica Sganga
Signatory's Position: Attorney of record, California Bar member
Signature method: Sent to third party for signature

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:    Jessica Sganga
   KNOBBE, MARTENS, OLSON & BEAR, LLP
   
   2040 MAIN STREET, 14TH FLOOR
   IRVINE, California
Mailing Address:    Jessica Sganga
   KNOBBE, MARTENS, OLSON & BEAR, LLP
   2040 MAIN STREET, 14TH FLOOR
   IRVINE, California 92614
        
Serial Number: 90640063
Internet Transmission Date: Wed Oct 12 14:22:22 ET 2022
TEAS Stamp: USPTO/RSI-XXX.XXX.XX.XX-2022101214222291
5883-90640063-80077c96960bbaf8f9e130b190
8ac064505296a81d6057118fd035c230fd8b9e8d
-N/A-N/A-20221005182403874298



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