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. 88003463 JUCE(Standard Characters, see http://uspto.report/TM/88003463/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: JUCE(Standard Characters, see http://uspto.report/TM/88003463/mark.png)
Proposed: JUCE (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of Stylized block form letters.

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

The name "JUCE" is a name/term to connote energy, spirit, zest. The commercial impressions of the more street term JUCE combined with the logo specimen has a unique commercial impression that is very different from the marks bearing the more generic term JUICE. The distinctive difference in impression would not lead to confusion with consumers, especially since so much commerce in the apparel industry is done via internet where the name search is very specific.There is a URL registered for this proposed mark jucewear.com

EVIDENCE
Evidence in the nature of JUCE LOGO/LABEL FOR COMMERCE. has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, Tees, hoodies, blouses, dresses, skirts, leggings, shorts, jumpsuits, jackets, sweaters, athletic wear, jeans, rompers, cardigans, sweaters.; Clothing, namely, Women's and men's.; Tee shirts; Yoga pants, shoes, swimwear, bodysuits athletic bras
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: Clothing, namely, Tees, hoodies, blouses, dresses, skirts, leggings, shorts, jumpsuits, jackets, sweaters, athletic wear, jeans, rompers, cardigans, sweaters.; Clothing, namely, tees consisting of t-shirts, hoodies, blouses, dresses, skirts, leggings, shorts, jumpsuits, jackets, sweaters, athletic wear consisting of jackets, yoga pants, bra tops and tops, jeans, rompers, cardigans, sweaters, pants, shoes, swimwear, bodysuits.; Clothing, namely, Women's and men's.; Tee shirts; Yoga pants, shoes, swimwear, bodysuits athletic brasClass 025 for Clothing, namely, tees consisting of t-shirts, hoodies, blouses, dresses, skirts, leggings, shorts, jumpsuits, jackets, sweaters, athletic wear consisting of jackets, yoga pants, bra tops and tops, jeans, rompers, cardigans, sweaters, pants, shoes, swimwear, bodysuits.
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: M2 Development, a sole proprietorship legally organized under the laws of Connecticut, comprising of Monica Harri, having an address of
      29:Possum Lane
      Norwalk, Connecticut 06854
      United States

      XXXX (authorized)
      203-952-5912
Proposed: M2 Development, LLC, a limited liability company legally organized under the laws of Connecticut, having an address of
      29:Possum Lane
      Norwalk, Connecticut 06854
      United States
      XXXX (authorized)
      203-952-5912

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
M2 DEVELOPMENT
M2 DEVELOPMENT
25 Old Kings Hwy North, Suite 13146
Darien
Connecticut
US
06820

Proposed:
M2 DEVELOPMENT, LLC of M2 DEVELOPMENT LLC, having an address of
29 Possum Lane Norwalk, Connecticut 06854
United States
Monica.eossport@gmail.com



SIGNATURE(S)
Response Signature
Signature: /Monica Harri/     Date: 04/14/2019
Signatory's Name: Monica Harri
Signatory's Position: Owner

Signatory's Phone Number: 203-952-5912

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.

Mailing Address:    M2 DEVELOPMENT, LLC
   M2 DEVELOPMENT LLC
   29 Possum Lane
   Norwalk, Connecticut 06854
        
Serial Number: 88003463
Internet Transmission Date: Sun Apr 14 09:57:43 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201904140957437
03973-88003463-620dcde8ec2f59ed6bca27c9c
7632fd10ff5adf846e1d9c621542463a595843a2
50-N/A-N/A-20190414084947390542