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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87777201 SPECTRA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87777201/large) has been amended as follows:

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

See written arguments attached.

EVIDENCE
Evidence in the nature of Written arguments has been attached.
Original PDF file:
evi_20825590221-20190104155216366451_._080327-4_Arguments_to_Response_to_OA___SPECTRA.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Breast pumps; breast milk frozen pack, namely, medical ice packs for use by breastfeeding women; breast pads for preventing breast flow; nursing bottles; pacifiers for babies; pacifier holders for babies; dummies for babies, namely, baby bottle nipples; teething rings for babies; cushions for medical purposes, namely, air cushions for medical purposes; disposable teats; babies' bottles; feeding bottle valves; feeding bottle brushes; feeding bottle holders in the nature of flexible braces, fabric slings worn by the person holding the baby; feeding bottle teats; teats; medical electrical snot suckers, namely, bulb syringe; nursing appliances, namely, breast pumps; breastmilk storage bags
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 00/00/2011 and first used in commerce at least as early as 00/00/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Breast pumps; breast milk frozen pack, namely, medical ice packs for use by breastfeeding women; breast pads for preventing breast flow; nursing bottles; pacifiers for babies; pacifier holders for babies; dummies for babies, namely, baby bottle nipples; teething rings for babies; cushions for medical purposes, namely, air cushions for medical purposes; disposable teats; baby bottles; babies' bottles; feeding bottle valves; feeding bottle holders in the nature of flexible braces, fabric slings worn by the person holding the baby; feeding bottle brushes; feeding bottle teats; teats; medical electrical snot suckers, namely, medical bulb syringe; nursing appliances, namely, breast pumps; medical electrical snot suckers, namely, bulb syringe; specially adapted breastmilk storage bags; breastmilk storage bagsClass 010 for Breast pumps; breast milk frozen pack, namely, medical ice packs for use by breastfeeding women; nursing bottles; pacifiers for babies; pacifier holders for babies; dummies for babies, namely, baby bottle nipples; teething rings for babies; cushions for medical purposes, namely, air cushions for medical purposes; disposable teats; baby bottles; feeding bottle valves; feeding bottle holders in the nature of flexible braces, fabric slings worn by the person holding the baby; feeding bottle teats; teats; medical electrical snot suckers, namely, medical bulb syringe; nursing appliances, namely, breast pumps; specially adapted breastmilk storage bags
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 00/00/2011 and first used in commerce at least as early as 00/00/2011 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Non-electric steam sterilizer, other than for medical use; auxiliary toilet seats for babies; portable toilets; sitz bath, other than for medical use; showers for baby; water heaters; refrigerating containers, namely, portable refrigerators; milk sterilizers; electric sterilizers for household purposes; electric sterilizers; steam sterilizer, other than for medical use; electric heaters for babies' bottles; non-electric light fixture
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-electric steam sterilizer, other than for medical use; auxiliary toilet seats for babies; portable toilets; sitz bath, other than for medical use; bath tubs for sitz baths, other than for medical use; showers for baby; showers for babies; water heaters; refrigerating containers, namely, portable refrigerators; milk sterilizers; electric sterilizers for household purposes; electric sterilizers; steam sterilizer, other than for medical use; electric heaters for babies' bottles; non-electric light fixtureClass 011 for Non-electric steam sterilizer, other than for medical use; auxiliary toilet seats for babies; portable toilets; bath tubs for sitz baths, other than for medical use; showers for babies; water heaters; refrigerating containers, namely, portable refrigerators; milk sterilizers; electric sterilizers for household purposes; electric sterilizers; steam sterilizer, other than for medical use; electric heaters for babies' bottles; non-electric light fixture
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 005 for Breast nursing pads for preventing breast flow
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 021 for Cleaning brushes for feeding bottles
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.

FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Alexis P. Grilli/     Date: 01/04/2019
Signatory's Name: Alexis P. Grilli
Signatory's Position: Attorney of Record, VA Bar Memeber

Signatory's Phone Number: 202-585-8404

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: 87777201
RAM Accounting Date: 01/07/2019
        
Serial Number: 87777201
Internet Transmission Date: Fri Jan 04 16:40:40 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201901041640407
83817-87777201-62040c6d25412b2c765939b74
44451888c117098bd6477ada0449eeb5eec08f33
-DA-3443-20190104163514485760