Response to Office Action

AFFINITY

Clearly Filtered Inc.

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87645010
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK http://uspto.report/TM/87645010/mark.png
LITERAL ELEMENT AFFINITY
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 011
DESCRIPTION
Filters for drinking water; Water filtering apparatus; Water filters; Water coolers; Water filtration and purification units and replacement cartridges and filters therefor; Water purification tanks; Water purification units; Water purifiers; Water purifying apparatus and machines; Water treatment equipment, namely, water filtration units; Apparatus for filtering drinking water; Apparatus for disinfecting water; Water filtering units for domestic use; Water filtration bottles sold empty; Water filtration pitchers sold empty; Water filtration and purification units and replacement cartridges and filters therefor for consumer and commercial use, namely, Water Pitchers, Water Bottles, Showerheads, Inline Filters, Water Coolers, Water Dispensers, Refrigerator and Under Sink filters; Water purification and filtration apparatus; Water treatment equipment, namely, water filtration units and reverse osmosis units
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/13/2017
        FIRST USE IN COMMERCE DATE At least as early as 10/13/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 011
DESCRIPTION
Filters for drinking water; Water filtering apparatus; Water filters; Water coolers; Water filtration and purification units and replacement cartridges and filters therefor; Water purification tanks; Water purification units; Water purifiers; Water purifying apparatus and machines; Water treatment equipment, namely, water filtration units; Apparatus for filtering drinking water; Apparatus for disinfecting water; Water filtering units for domestic use; Water filtration bottles sold empty; Water filtration pitchers sold empty; Water filtration and purification units and replacement cartridges and filters therefor for consumer and commercial use, namely, Water Pitchers, Water Bottles, Showerheads, Inline Filters, Water Coolers, Water Dispensers, Refrigerator and Under Sink filters; Water purification and filtration apparatus; Water treatment equipment, namely, water filtration units and reverse osmosis units
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/13/2017
       FIRST USE IN COMMERCE DATE At least as early as 10/13/2017
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\876\450\87645010\xml4\ ROA0002.JPG
       SPECIMEN DESCRIPTION Here is the specimen which shows the mark in use in commerce as it appears on our website. As you can see, consumers are able to purchase the product directly on this web page. Mark was being used in commerce as of 10/13/2017 and prior to the filing of the application.
SIGNATURE SECTION
DECLARATION SIGNATURE /Asaiah Passwater/
SIGNATORY'S NAME Asaiah Passwater
SIGNATORY'S POSITION CEO
SIGNATORY'S PHONE NUMBER 9499737980
DATE SIGNED 01/23/2018
RESPONSE SIGNATURE /Asaiah Passwater/
SIGNATORY'S NAME Asaiah Passwater
SIGNATORY'S POSITION CEO
SIGNATORY'S PHONE NUMBER 9499737980
DATE SIGNED 01/23/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jan 23 19:13:56 EST 2018
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20180123191356470861-876
45010-51016a1d3ea7a2f1ea8
a856a6b7e445335286b76b943
4903f15a1bdbc51db6c2f-N/A
-N/A-20180123190630120850



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 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 87645010 AFFINITY(Standard Characters, see http://uspto.report/TM/87645010/mark.png) 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 011 for Filters for drinking water; Water filtering apparatus; Water filters; Water coolers; Water filtration and purification units and replacement cartridges and filters therefor; Water purification tanks; Water purification units; Water purifiers; Water purifying apparatus and machines; Water treatment equipment, namely, water filtration units; Apparatus for filtering drinking water; Apparatus for disinfecting water; Water filtering units for domestic use; Water filtration bottles sold empty; Water filtration pitchers sold empty; Water filtration and purification units and replacement cartridges and filters therefor for consumer and commercial use, namely, Water Pitchers, Water Bottles, Showerheads, Inline Filters, Water Coolers, Water Dispensers, Refrigerator and Under Sink filters; Water purification and filtration apparatus; Water treatment equipment, namely, water filtration units and reverse osmosis units
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/13/2017 and first used in commerce at least as early as 10/13/2017 , and is now in use in such commerce.

Proposed: Class 011 for Filters for drinking water; Water filtering apparatus; Water filters; Water coolers; Water filtration and purification units and replacement cartridges and filters therefor; Water purification tanks; Water purification units; Water purifiers; Water purifying apparatus and machines; Water treatment equipment, namely, water filtration units; Apparatus for filtering drinking water; Apparatus for disinfecting water; Water filtering units for domestic use; Water filtration bottles sold empty; Water filtration pitchers sold empty; Water filtration and purification units and replacement cartridges and filters therefor for consumer and commercial use, namely, Water Pitchers, Water Bottles, Showerheads, Inline Filters, Water Coolers, Water Dispensers, Refrigerator and Under Sink filters; Water purification and filtration apparatus; Water treatment equipment, namely, water filtration units and reverse osmosis units
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/13/2017 and first used in commerce at least as early as 10/13/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of Here is the specimen which shows the mark in use in commerce as it appears on our website. As you can see, consumers are able to purchase the product directly on this web page. Mark was being used in commerce as of 10/13/2017 and prior to the filing of the application. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

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: /Asaiah Passwater/      Date: 01/23/2018
Signatory's Name: Asaiah Passwater
Signatory's Position: CEO
Signatory's Phone Number: 9499737980


Response Signature
Signature: /Asaiah Passwater/     Date: 01/23/2018
Signatory's Name: Asaiah Passwater
Signatory's Position: CEO

Signatory's Phone Number: 9499737980

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87645010
Internet Transmission Date: Tue Jan 23 19:13:56 EST 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20180123191356
470861-87645010-51016a1d3ea7a2f1ea8a856a
6b7e445335286b76b9434903f15a1bdbc51db6c2
f-N/A-N/A-20180123190630120850


Response to Office Action [image/jpeg]


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