Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86816746 OP (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86816746/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for providing a website featuring information for consumers in the field of pets and pet care products and services, namely, pet care services that are based on a combination of eastern and western veterinary medicine, cutting-edge therapies, integrative and functional veterinary medicine and science-based care, pet care products that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel, lodging and restaurants, pet lifestyle resources, animal welfare and charity information; online retail store services featuring pet care products and services, namely, pet care products and services that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel and lodging and restaurants, and pet lifestyle resources
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: providing a website featuring information for consumers in the field of pets and pet care products and services, namely, pet care services that are based on a combination of eastern and western veterinary medicine, cutting-edge therapies, integrative and functional veterinary medicine and science-based care, pet care products that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel, lodging and restaurants, pet lifestyle resources, animal welfare and charity information; providing a website featuring consumer information in the field of pets and pet care products and services, namely, pet care services that are based on a combination of eastern and western veterinary medicine, cutting-edge therapies, integrative and functional veterinary medicine and science-based care, pet care products that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel, lodging and restaurants, pet lifestyle resources, animal welfare and charity information; online retail store services featuring pet care products and services, namely, pet care products and services that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel and lodging and restaurants, and pet lifestyle resourcesClass 035 for providing a website featuring consumer information in the field of pets and pet care products and services, namely, pet care services that are based on a combination of eastern and western veterinary medicine, cutting-edge therapies, integrative and functional veterinary medicine and science-based care, pet care products that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel, lodging and restaurants, pet lifestyle resources, animal welfare and charity information; online retail store services featuring pet care products and services, namely, pet care products and services that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel and lodging and restaurants, and pet lifestyle resources
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for providing an Internet website featuring information for pet owners relating to animal health and animal behavior, namely, information regarding holistic and preventive pet care, functional and integrative animal wellness options, alternative veterinary treatment therapies and modalities, pet training and lifestyle information
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: providing an Internet website featuring information for pet owners relating to animal health and animal behavior, namely, information regarding holistic and preventive pet care, functional and integrative animal wellness options, alternative veterinary treatment therapies and modalities, pet training and lifestyle information; providing an Internet website featuring information for pet owners relating to animal health and animal behavior, namely, information regarding holistic and preventive pet care, functional and integrative animal wellness options, alternative veterinary treatment therapies and modalities, and pet lifestyle in the nature of pet-friendly hotels, lodging, and restaurants, and airline requirements for flying with petsClass 044 for providing an Internet website featuring information for pet owners relating to animal health and animal behavior, namely, information regarding holistic and preventive pet care, functional and integrative animal wellness options, alternative veterinary treatment therapies and modalities, and pet lifestyle in the nature of pet-friendly hotels, lodging, and restaurants, and airline requirements for flying with pets
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Providing an Internet website featuring information for pet owners relating to animal health and animal behavior, namely, information regarding pet training.
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
Description of mark
The mark consists of two geometric figures forming the letters "OP".

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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. § 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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Yvonne Grassie/      Date: 04/15/2016
Signatory's Name: Yvonne Grassie
Signatory's Position: President
Signatory's Phone Number: 3054619960


Response Signature
Signature: /Manuel Valcarcel/     Date: 04/15/2016
Signatory's Name: Manuel Valcarcel
Signatory's Position: 3055790812

Signatory's Phone Number: Attorney of record, Florida 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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

        
RAM Sale Number: 86816746
RAM Accounting Date: 04/18/2016
        
Serial Number: 86816746
Internet Transmission Date: Fri Apr 15 15:56:00 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2016041515560085
8543-86816746-55071d01ac772b2d8cdc16671a
849ffc263abbea8e182cfe845720ca2a907b889b
-DA-2599-20160415152222847123