Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85563259 PRECYCLE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85563259) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.  Thank you.

EVIDENCE
Evidence in the nature of Argument and Supporting Evidence (TSDR Status Pages) has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Advertisement-based, multi-function interactive vending machines for individually dispensing daily vitamins, a wide variety of highly filtered hot and cold beverages and providing on-demand reusable personally profiled bottles and bottle cleaning, comprising computers and touch display screens that allow users waiting for services to see videos, static image messaging, advertisements and offers with social media integration
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Advertisement-based, multi-function interactive vending machines for individually dispensing daily vitamins, a wide variety of highly filtered hot and cold beverages and providing on-demand reusable personally profiled bottles and bottle cleaning, comprising computers and touch display screens that allow users waiting for services to see videos, static image messaging, advertisements and offers with social media integration; Advertisement-based, multi-function interactive vending machines for individually dispensing daily vitamins, a wide variety of hot and cold beverages, and providing on-demand reusable bottles with personal user activity profiles, and bottle cleaning, comprising computers and touch display screens that allow users waiting for services to see videos, static image messaging, advertisements and offers social media connectivityClass 009 for Advertisement-based, multi-function interactive vending machines for individually dispensing daily vitamins, a wide variety of hot and cold beverages, and providing on-demand reusable bottles with personal user activity profiles, and bottle cleaning, comprising computers and touch display screens that allow users waiting for services to see videos, static image messaging, advertisements and offers social media connectivity
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

SIGNATURE(S)
Response Signature
Signature: /pjh/     Date: 11/14/2012
Signatory's Name: P. Jay Hines
Signatory's Position: Counsel

Signatory's Phone Number: 703-236-4500

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85563259
Internet Transmission Date: Wed Nov 14 18:58:07 EST 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201211141858079477
12-85563259-49029c06f9ec8e22fc27a4222f16
996d-N/A-N/A-20121114185714913406