| Serial Number | 99061772 |
| Word Mark | ROSCOE |
| Filing Date | Friday, February 28, 2025 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Tuesday, June 2, 2026 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicant: Latrell Shonta Germany Serial No: 99061772 Mark: ROSCOE Class: 033 (Wine) Examining Attorney: Natalie Kenealy (Law Office 104) REQUEST FOR RECONSIDERATION AFTER FINAL OFFICE ACTION The Applicant respectfully requests reconsideration of the Final Office Action issued on June 2, 2026, maintaining the refusal under Section 2(d). 1. Correction of the Record and Submission of Visual Evidence The Applicant notes the Examining Attorney's objection regarding referenced evidence that was inadvertently omitted due to a technical transmission error in the previous filing. Concurrently with this Request, the Applicant has successfully uploaded the official product label specimen into the electronic database. The attached label demonstrates that the mark is not presented as a generic or standard character corporate brand. Instead, it is utilized strictly as a product-specific name for an individual vintage (2020 California Merlot) underneath the distinct house brand, Latrell Brosia Cellars. 2. Distinct Commercial Impression and Consumer Sophistication As shown in the attached specimen, the trade dress features highly specific, sophisticated artistic imagery: a clear wine glass containing a submerged white golf ball displaying the word "ROSCOE," surrounded by elegant golden musical notation and celestial symbols. This sophisticated visual narrative targets high-end, intentional wine buyers purchasing 750ml corked bottles. This specific consumer class exercises a high degree of care and attention to vintage data and varietals, which drastically contrasts with the purchasing habits of consumers buying standard malt beverages, ales, or beers from a commercial brewery. 3. Absence of Real-World Marketplace Confusion While the Applicant acknowledges the internet evidence showing dual winery-brewery establishments, the Applicant's business model operates exclusively within specialized direct-to-consumer e-commerce trade channels and private tasting events. Because the Applicant does not utilize traditional mass-market retail beverage aisles or commercial draft distribution channels, there is zero risk of overlapping proximity or point-of-sale confusion with U.S. Registration Nos. 5796232 and 8150818. The Applicant respectfully requests that the Examining Attorney review the newly attached visual record and withdraw the Final Section 2(d) refusal. |
| Goods and Services | wine |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 1, 2025 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Saint Louis, MO 63136 US |
| Event Date | Event Description |
| Friday, February 28, 2025 | NEW APPLICATION ENTERED |
| Friday, February 28, 2025 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, July 22, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, August 4, 2025 | ASSIGNED TO EXAMINER |
| Tuesday, August 5, 2025 | NON-FINAL ACTION WRITTEN |
| Tuesday, August 5, 2025 | NON-FINAL ACTION E-MAILED |
| Tuesday, August 5, 2025 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Saturday, August 9, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, August 9, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, August 9, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, August 18, 2025 | NON-FINAL ACTION WRITTEN |
| Monday, August 18, 2025 | NON-FINAL ACTION E-MAILED |
| Monday, August 18, 2025 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, August 20, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 20, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, August 20, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, August 22, 2025 | HIDDEN SENSITIVE CONTENT |
| Friday, August 22, 2025 | SUSPENSION LETTER WRITTEN |
| Friday, August 22, 2025 | LETTER OF SUSPENSION E-MAILED |
| Friday, August 22, 2025 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Wednesday, November 12, 2025 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Wednesday, November 12, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 12, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, December 17, 2025 | SUSPENSION LETTER WRITTEN |
| Wednesday, December 17, 2025 | LETTER OF SUSPENSION E-MAILED |
| Wednesday, December 17, 2025 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Wednesday, February 11, 2026 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Friday, February 20, 2026 | ASSIGNED TO LIE |
| Friday, February 20, 2026 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 20, 2026 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, March 3, 2026 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, March 3, 2026 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, March 3, 2026 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, March 26, 2026 | NON-FINAL ACTION WRITTEN |
| Thursday, March 26, 2026 | NON-FINAL ACTION E-MAILED |
| Thursday, March 26, 2026 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, March 27, 2026 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, March 27, 2026 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, March 27, 2026 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, June 2, 2026 | FINAL REFUSAL WRITTEN |
| Tuesday, June 2, 2026 | FINAL REFUSAL E-MAILED |
| Tuesday, June 2, 2026 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Saturday, June 6, 2026 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Saturday, June 6, 2026 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, June 6, 2026 | TEAS/EMAIL CORRESPONDENCE ENTERED |