Response to Office Action

PTO- 1957

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

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PTO- 1957

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 Office Action

To the Commissioner for Trademarks:

Application serial no. 79286484 GIGA(Standard Characters, see http://uspto.report/TM/79286484/mark.png) has been amended as follows:

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

Applicant attaches a Consent Agreement signed by Green Fuse Botanicals, Inc., the owner of the cited registration (Reg. No. 4458373). In light of this agreement, Applicant respectfully requests that the refusal to register be withdrawn. Applicant further notes that the GIGA application (Ser. No. 88465141) cited as a potential bar to registration coexists on the register with Reg. No. 4458373 and thus, Applicant respectfully submits that its mark should also be able to coexist. Applicant notes that the respective marks are used on food items; however, the specific goods offered under the GIGA marks are not closely related and a likelihood of confusion would not arise.

EVIDENCE
Evidence has been attached: CONSENT AGREEMENT SIGNED BY BOTH PARTIES IN RESPONSE TO SECTION 2 (D) REFUSAL
Original PDF file:
evi_82132231215-202103080 75421630225_._GREEN_FUSE_ BOTANICALS_BETTER3FRUIT_A GREEMENT_20210301.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: BETTER3FRUIT N.V.
Proposed: BETTER3FRUIT N.V.,
      Email Address: XXXX

The owner's/holder's proposed attorney information: Clifford D Hyra. Other appointed attorneys are FRESH IP PLC. Clifford D Hyra of FRESH IP PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      11710 Plaza America Drive Suite 2000
      RESTON, Virginia 20190
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is HBRAN-T295-U.
      The phone number is 8669133499.
      The fax number is 866-913-3501.
      The email address is Cliff@freship.com

Clifford D Hyra 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.Correspondence Information (current):
      BAP IP bv - Brantsandpatents
Correspondence Information (proposed):
      Clifford D Hyra
      PRIMARY EMAIL FOR CORRESPONDENCE: Cliff@freship.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@freship.com

The docket/reference number is HBRAN-T295-U.

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).

SIGNATURE(S)
Response Signature
Signature: /Janice Housey/     Date: 03/08/2021
Signatory's Name: Janice Housey
Signatory's Position: Attorney Fresh IP, VA Bar
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:    BAP IP bv - Brantsandpatents
   
   
   Charles de Kerchovelaan 17
   B-9000 Gent,
Mailing Address:    Clifford D Hyra
   FRESH IP PLC
   11710 Plaza America Drive Suite 2000
   RESTON, Virginia 20190
        
Serial Number: 79286484
Internet Transmission Date: Mon Mar 08 16:01:38 ET 2021
TEAS Stamp: USPTO/ROA-XX.X.XXX.XXX-20210308160138708
135-79286484-770cbe9ff354534d78cbe5f199a
d154aa8f6f94138049a253ed3b5b1621887bda-N
/A-N/A-20210308151328722654