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. 88000140 TEAZZERS SMARTBREW(Standard Characters, see http://uspto.report/TM/88000140/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 011 for Automated tea brewing machines for commercial use
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.

In International Class 011, the mark was first used at least as early as 02/28/2019 and first used in commerce at least as early as 02/28/2019.


Proposed:
Class 011 for Automated tea brewing machines for commercial use

Deleted Filing Basis: 1(b)
In International Class 011, the mark was first used at least as early as 02/28/2019 . and first used in commerce at least as early as 02/28/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 011. The specimen(s) submitted consists of Evidence of how the mark is used in commerce.
"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].
Original PDF file:
SPU0-260017024095604d7d1a d05619a7e-202003182000570 31722_._Binder1.pdf
Converted PDF file(s) ( 7 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7
Original PDF file:
SPU0-260017024095604d7d1a d05619a7e-202003182000570 31722_._rtBrew_machine_fo r_C-stores___2018-12-24__ _Beverage_Industry.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Original PDF file:
SPU0-260017024095604d7d1a d05619a7e-202003182000570 31722_._Screen_Shot_2020- 03-18_at_7.12.50_PM.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-260017024095604d7d1a d05619a7e-202003182000570 31722_._Screen_Shot_2020- 03-18_at_7.13.27_PM.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-260017024095604d7d1a d05619a7e-202003182000570 31722_._Screen_Shot_2020- 03-18_at_7.14.46_PM.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-260017024095604d7d1a d05619a7e-202003182000570 31722_._Teazzers_SmartBre w___CS_Products.pdf
Converted PDF file(s) ( 6 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: RED RIVER TEA COMPANY, a corporation of Texas, having an address of
      13375 BRANCH VIEW LANE
      DALLAS, Texas 75234
      United States

Proposed: RED RIVER TEA COMPANY, a corporation of Texas, having an address of
      13375 BRANCH VIEW LANE
      DALLAS, Texas 75234
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Office Action alleged that the specimens originally submitted were not in compliance. However, as the attached evidence/substitute specimen reflect, the Teazzers Smartbrew system is not specifically marked on the product but reflects the entire system. Applicant submits that the webpages qualify as specimens for goods as they include a textual description of the goods associated with the mark and the means to order the goods (which is by contacting Applicant as the goods cannot be ordered online). TMEP §904.03(i).

Correspondence Information (current):
      KIRBY DRAKE
      PRIMARY EMAIL FOR CORRESPONDENCE: kirby.drake@klemchuk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@klemchuk.com

The docket/reference number is 2125.0020.
Correspondence Information (proposed):
      Kirby Drake
      PRIMARY EMAIL FOR CORRESPONDENCE: kirby.drake@klemchuk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@klemchuk.com

The docket/reference number is 2125.0020.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Rick Scheer/      Date: 03/18/2020
Signatory's Name: Rick Scheer
Signatory's Position: Co-Founder and Co-CEO

Response Signature
Signature: /Kirby Drake/     Date: 03/18/2020
Signatory's Name: Kirby Drake
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 2143676000

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    KIRBY DRAKE
   KLEMCHUK LLP
   
   8150 N CENTRAL EXPRESSWAY 10TH FL
   DALLAS, Texas 75206
Mailing Address:    Kirby Drake
   KLEMCHUK LLP
   8150 N CENTRAL EXPRESSWAY 10TH FL
   DALLAS, Texas 75206
        
Serial Number: 88000140
Internet Transmission Date: Wed Mar 18 20:24:08 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200318202408311014-88000140-71
02a4283e627348372c6d193b5c3777cb7432cf12
95f79df8a1019b985235ce0-N/A-N/A-20200318
200057031722