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. 88026798 SPIRITS(Standard Characters, see http://uspto.report/TM/88026798/mark.png) has been amended as follows:

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

The Notice of Allowance in this application issued on August 20, 2019, and Applicant filed a Statement of Use on September 27, 2019. An Office Action issued on November 8, 2019, finding Applicant's specimens deficient. Applicant filed an SOU Insurance Extension Request on February 20, 2020, prior to the 02/21/2020 expiration of the six-month period in which the SOU was filed. This filing provides Applicant additional time to comply with the statutory requirements for filing the SOU. 37 C.F.R. ?2.89(e)(1). See TMEP ??1108.03 and 1109.16(c). Accordingly, Applicant submits herewith new specimens of use. The TEAS form would not allow Applicant to proceed without checking the box stating: "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]. 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 all statements made of his or her own knowledge are true and all statements made on information and belief are believed to be true. However, the specimens submitted are new and the revised first use date anywhere and in interstate commerce is February 16, 2020. Applicant thanks the Examiner for her time reviewing this application and requests that she approve Applicant's new specimens and move this application to registration.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Cologne; Fragrances; Perfumes
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 003, the mark was first used at least as early as 03/31/2015 and first used in commerce at least as early as 03/31/2015.


Proposed:
Class 003 for Cologne; Fragrances; Perfumes
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 003, the mark was first used at least as early as 03/31/2015 . and first used in commerce at least as early as 03/31/2015 .

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: NEW WORLD NATURAL BRANDS, LLC, a limited liability company legally organized under the laws of Missouri, having an address of
      222 S. RIVERSIDE PLAZA SUITE 1500
      CHICAGO, Illinois 60606
      United States

Proposed: NEW WORLD NATURAL BRANDS, LLC, a limited liability company legally organized under the laws of Missouri, having an address of
      222 S. RIVERSIDE PLAZA SUITE 1500
      CHICAGO, Illinois 60606
      United States
      Email Address: XXXX
Correspondence Information (current):
      Lara Pearson
      PRIMARY EMAIL FOR CORRESPONDENCE: Lara@BrandGeek.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Ramsey@BrandGeek.net
Correspondence Information (proposed):
      Lara Pearson
      PRIMARY EMAIL FOR CORRESPONDENCE: Lara@BrandGeek.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Ramsey@BrandGeek.net

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: /Angel del Solar/      Date: 04/16/2020
Signatory's Name: Angel Del Sol
Signatory's Position: Managing Director
Signatory's Phone Number: 5555555555


Response Signature
Signature: /Lara Pearson/     Date: 04/16/2020
Signatory's Name: Lara Pearson
Signatory's Position: Atty NV

Signatory's Phone Number: 7755555555

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:    Lara Pearson
   Brand Geek/ Law Office of Lara Pearson Ltd, PBC
   
   774 Mays Blvd No 10-405
   INCLINE VILLAGE, Nevada 89451
Mailing Address:    Lara Pearson
   Brand Geek/ Law Office of Lara Pearson Ltd, PBC
   774 Mays Blvd No 10-405
   INCLINE VILLAGE, Nevada 89451
        
Serial Number: 88026798
Internet Transmission Date: Thu Apr 16 15:09:21 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202004161509210
26924-88026798-710bd52cff1af1afe6133edd1
7398e4892a7278cd8f5bdae121872ebb8bdc477d
-N/A-N/A-20200415180144862270