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. 86307874 4H2O(Standard Characters, see http://uspto.report/TM/86307874/mark.png) has been amended as follows:

ADDITIONAL STATEMENTS
Miscellaneous Statement
In response to the office action, applicant respectfully submits the following: 1) The attached website which examiner sites as evidence that the applied for mark is associated with an illegal use, is a third party website which references a use of the mark from a prior application and not the application at bar. 2) The current use of the mark as evidenced by the specimen that was submitted with this application is legal in all respects. To wit, the goods, medicated water, is legal and comports with the Controlled Substance Act. 3) The ingredients of the goods are as follows: Grape + Electrolytes: Water, Citric Acid, Salt, Propylene Glycol, Potassium Phosphate, Malic Acid, Contains Less Than 2% of Niacinamide, Vitamin B6, Vitamin B12, Natural Flavor, Sucralose And Acesulfame Potassium (Sweeteners), Potassium Citrate, Polysorbate 60, Red 40, Blue 1, Potassium Sorbate (Preservative) all of which ingredients are legal and do not violate the Controlled Substance Act. For this reason, the application should be permitted to move to publication and without opposition, registration. Respectfully submitted, Jonathan Pollack Applicant's Attorney


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

Signature: /Jonathan Pollack/      Date: 11/05/2014
Signatory's Name: Jonathan Pollack
Signatory's Position: Applicant's Attorney
Signatory's Phone Number: 6467274334


Response Signature
Signature: /Jonathan Pollack/     Date: 11/05/2014
Signatory's Name: Jonathan Pollack
Signatory's Position: Applicant's Attorney

Signatory's Phone Number: 6467274334

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: 86307874
Internet Transmission Date: Wed Nov 05 16:42:05 EST 2014
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201411051642053408
22-86307874-50079e2efc5e8fabe3b4847372c8
5f7deb22d5cdf7f44ee4c59cc33f79ba7-N/A-N/
A-20141105162445621918