PR-Teas-Response to Post Reg Office Act

Global Format; No Form Number

Approved for use through 10/31/2021. OMB 0651-0055

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.

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Global Format; No Form Number

Approved for use through 10/31/2021. OMB 0651-0055

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.

Response To Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

Registration no. 3890378 ECO-PAK(Standard Characters, see http://uspto.report/TM/76685100/mark.png) has been amended as follows: RESPONSE TYPE Response to Office Action for Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Section 8 Declaration of Use and Section 9 Application for Renewal filed on June 8, 2020 inadvertently listed "Absopure Direct LLC", which is an assumed name of the owner of record, Absopure Water Company LLC, as reflected in the attached Certificate of Assumed Name from the Michigan Department of Licensing and Regulatory affairs. Thus, the Section 8 Declaration of Use was filed by the owner of record. To the extent necessary, the owner of record, Absopure Water Company LLC hereby confirms that John P. Guenther was authorized to sign the Section 8 Declaration of Use and Section 9 Application for Renewal filed on June 8, 2020. In response to the proof of use audit, proof of use is included herewith for "steam distilled water". The proof of use includes three images of the same container of steam distilled water. Mineral water has been deleted from the registration. To the extent necessary, the originally-submitted specimen serves as proof of use for drinking water and spring water.

EVIDENCE
Evidence has been attached: Certificate of Assumed Name from the Michigan Department of Licensing and Regulatory affairs showing that "Absopure Direct LLC" is an assumed name of the owner of record, Absopure Water Company LLC.
Original PDF file:
evi_21623410986-202101081 52426874056_._R1800936.PDF
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

The owner/holder proposes to amend the following:

Current: Class 032

DRINKING WATER, STEAM DISTILLED WATER, SPRING WATER, [ CARBONATED WATER, ] MINERAL WATER

Proposed: Class 032

Tracked Text Identification:

DRINKING WATER, STEAM DISTILLED WATER, SPRING WATER, MINERAL WATER

Modified Identification:

DRINKING WATER, STEAM DISTILLED WATER, SPRING WATER

Webpage URL: None Provided
Webpage Date of Access: None Provided
PROOF OF USE SUBMISSIONS

Class 032: DRINKING WATER, STEAM DISTILLED WATER, SPRING WATER
Proof of Use Information: Proof of use provided.

PROOF OF USE INFORMATION
Audited Goods and/or Services: Steam distilled water
Description: Three images of the same container of steam distilled water.
Original PDF file:
UI0-21623410986-202101081 52426874056_._R1806552.PDF
Converted PDF file(s) ( 2 pages) Proof of Use File-1Proof of Use File-2

The owner/holder was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the current declaration of use.

OWNER/HOLDER AND/OR ENTITY INFORMATION

The owner/holder proposes to amend the following:

Current: ABSOPURE DIRECT LLC, a limited liability company legally organized under the laws of Michigan, having an address of
      8835 GENERAL DR.
      PLYMOUTH, Michigan 48170
      United States
      Email Address: XXXX

Proposed: ABSOPURE WATER COMPANY LLC, DBA ABSOPURE DIRECT LLC, a limited liability company legally organized under the laws of Michigan, having an address of
      8835 GENERAL DR.
      PLYMOUTH, Michigan 48170
      United States
      Email Address: XXXX
Correspondence Information (current):
      John P. Guenther
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@fishstewip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jguenther@fishstewip.com

      The docket/reference number is 67615-0049.
Correspondence Information (proposed):
      John P. Guenther
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@fishstewip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jguenther@fishstewip.com

      The docket/reference number is 67615-0049.

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 $450 is being submitted.

Declaration


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 this submission and the registration, 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.


SIGNATURE(S)

Signature: /John P. Guenther/      Date: 01/09/2021
Signatory's Name: John P. Guenther
Signatory's Position: Attorney of record, Michigan Bar member
Signatory's Phone Number: 2485940660
Signature method: Sent to third party for signature

Signature: /John P. Guenther/     Date: 01/09/2021
Signatory's Name: John P. Guenther
Signatory's Position: Attorney of record, Michigan Bar member

Signatory's Phone Number: (248) 594-0660 Signature method: Sent to third party for signature

Mailing Address:    John P. Guenther
   Fishman Stewart PLLC
   Suite 610
   800 Tower Drive
   Troy, Michigan 48098
Mailing Address:    John P. Guenther
   Fishman Stewart PLLC
   Suite 610
   800 Tower Drive
   Troy, Michigan 48098
        
PAYMENT: 3890378
PAYMENT DATE: 01/11/2021
        
Serial Number: 76685100
Internet Transmission Date: Sat Jan 09 13:27:11 ET 2021
TEAS Stamp: USPTO/TRS-XXX.XXX.XXX.XX-202101091327117
69369-3890378-76049595dfda44ad391c606267
a9d6e555c62961b3fd2ef6cc5f3854c0af3e6a-C
C-27094572-20210108173419012885