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. 86280749 MONSTER ENERGY ULTRA GREEN(Standard Characters, see http://uspto.report/TM/86280749/mark.png) has been amended as follows:

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

The following amendments are submitted in response to the Office Action issued on June 6, 2014.

 

Identification of Goods

               The Examining Attorney requested clarification of Applicant’s goods in Class 32.  Accordingly, Applicant adopts the following amendments:

               Class 32: Non-alcoholic beverages, namely, carbonated soft drinks, carbonated and non-carbonated energy drinks, sports drinks, and soft drinks, energy drinks and sports drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs

 

Claim of Ownership

               Applicant is the owner of U.S. Registration Nos. 3852123, 3948164, and 3966554.

 

Disclaimer

                No claim is made to the exclusive right to use “ENERGY” and “GREEN” apart from the mark as shown.

 

CONCLUSION

 

Applicant submits that it has responded to all outstanding issues raised in the Office Action. Should the Examining Attorney have any questions, the Examining Attorney is encouraged to contact the undersigned.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Non-alcoholic beverages
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: Non-alcoholic beverages; Non-alcoholic beverages, namely, carbonated soft drinks, carbonated and non-carbonated energy drinks, sports drinks, and soft drinks, energy drinks and sports drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbsClass 032 for Non-alcoholic beverages, namely, carbonated soft drinks, carbonated and non-carbonated energy drinks, sports drinks, and soft drinks, energy drinks and sports drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs
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
Disclaimer
No claim is made to the exclusive right to use "ENERGY" and "GREEN" apart from the mark as shown.


Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3852123, 3948164, and 3966554.


SIGNATURE(S)
Response Signature
Signature: /Diane M. Reed/     Date: 12/04/2014
Signatory's Name: Diane M. Reed
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 949-760-0404

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: 86280749
Internet Transmission Date: Thu Dec 04 14:07:58 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2014120414075888
4679-86280749-500f1767a82845e727259b1851
873f5e480526778a6dc3fac682f84e51793a17-N
/A-N/A-20141204131310947954