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. 86053545 THAT'S IT(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86053545) has been amended as follows:

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

The applicant wishes to delete class 025. Hence no Likelihood Of Confusion  exists.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing for men, women and children, namely, t-shirts, shirts, sweatshirts, tops; dresses; bottoms, pants, jeans, sweatpants, shorts, pajamas; jackets, sweaters, jerseys, coats; headwear

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Fruit drinks and fruit juices; Fruit juice concentrates; Non-alcoholic fruit juice beverages; Vegetable juice (beverage)
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: Fruit drinks and fruit juices; Fruit juice concentrates; Non-alcoholic fruit juice beverages; Vegetable juice (beverage); Vegetable juice beverageClass 032 for Fruit drinks and fruit juices; Fruit juice concentrates; Non-alcoholic fruit juice beverages; Vegetable juice beverage
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.

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 4035020.


SIGNATURE(S)
Response Signature
Signature: /John Salcido/     Date: 12/28/2013
Signatory's Name: John Salcido
Signatory's Position: Attorney of record, CA bar member

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: 86053545
Internet Transmission Date: Sat Dec 28 05:20:12 EST 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2013122805201272
1117-86053545-5009e3f65c0904f7aebea9dddf
69ff46febeff3c5b313ef19038cd1ab0e214714b
-N/A-N/A-20131228051037327210