TEAS Plus New Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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

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PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 97363845

Filing Date: 04/14/2022

To the Commissioner for Trademarks:

MARK: ROCHESTER (Standard Characters, see mark)
The literal element of the mark consists of ROCHESTER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Rochester Brewing and Roasting Company, LLC, a limited liability company legally organized under the laws of Missouri, having an address of
      2129 Washington
      Kansas City, Missouri 64108
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 030:  Coffee; Coffee-based drinks; Coffee beans; Ground coffee; Iced coffee

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/01/2018, and first used in commerce at least as early as 06/01/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) image of the mark used in connection with the goods on packaging for the goods.
Specimen File1

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

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 032:  Beer-based beverages; Beer, ale, lager, stout and porter; Coffee-flavored beers; Craft beer; Draft beer; Fruit-based beer; India pale ales (IPAs); Pale ales; Pale beer; Pilsner beer

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 032, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/01/2018, and first used in commerce at least as early as 09/01/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Image of the mark used in connection with the goods on packaging for the goods; image of the mark used in connection with the goods on packaging for the goods.
Specimen File1
Specimen File2

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

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  Retail store services featuring coffee, beer, and clothing

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/01/2018, and first used in commerce at least as early as 07/01/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) webpage screenshot of the mark used in connection with the services and available for use via the "Add to Cart" feature.

Original PDF file:
SPE0-2322816629-202204071 10129939065_._ROCHESTER_- _035-Retail_specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://rochesterkcstore.square.site/product/joe-to-go/317?cs=true&cst=custom
Webpage Date of Access: 04/07/2022

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Arranging, organizing, conducting, and hosting social entertainment events; Consultation in the field of special event planning for social entertainment purposes; Entertainment services in the nature of arranging social entertainment events; Entertainment services in the nature of hosting social entertainment events; Entertainment services in the nature of organizing social entertainment events

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/01/2019, and first used in commerce at least as early as 07/01/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) webpage screenshot of the mark used in connection with the services and available for use via the "Get Booked Now" feature.
Specimen File1

Webpage URL: http://rochesterkc.com/eventspace
Webpage Date of Access: 04/07/2022

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 043:  Provision of food and drink in restaurants; Restaurant and bar services, including restaurant carryout services; Restaurant and café services; Restaurant services, namely, providing of food and beverages for consumption on and off the premises; Take-out restaurant services

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 043, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/01/2018, and first used in commerce at least as early as 07/01/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) webpage screenshot of the mark used in connection with the services on a menu for the services and available for use on and off the restaurant premises.
Specimen File1

Webpage URL: http://rochesterkc.com/menu
Webpage Date of Access: 04/01/2022



The owner's/holder's proposed attorney information: C. Blair Barbieri. Other appointed attorneys are Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan Optican Herman, Lauren Byrne, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Dianne M. Smith-Misemer, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, and Darin McCollum. C. Blair Barbieri of Hovey Williams LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      10801 Mastin St., Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      913-647-9057(fax)
      tmdocketing.barbieri@hoveywilliams.com
The docket/reference number is 57174/9044.
C. Blair Barbieri 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.

The applicant's current Correspondence Information:

C. Blair Barbieri

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing.barbieri@hoveywilliams.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bbarbieri@hoveywilliams.com; Thicks@hoveywilliams.com 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).

A fee payment in the amount of $1250 has been submitted with the application, representing payment for 5 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service 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 on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; 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 on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Joseph Nichols/   Date: 04/14/2022
Signatory's Name: Joseph Nichols
Signatory's Position: Member
Signatory's Phone Number: 8168898669
Signature method: Sent to third party for signature
Payment Sale Number: 97363845
Payment Accounting Date: 04/14/2022

Serial Number: 97363845
Internet Transmission Date: Thu Apr 14 16:33:36 ET 2022
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2022041416333654
2549-97363845-820f13c41d8f8883a7db34be14
49dfcb834e070cf681e8c36bb1dff3b298d38d-D
A-33364113-20220414105101041221