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. 88050067 ULTRAFLEX(Standard Characters, see http://uspto.report/TM/88050067/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 020 for Mattresses
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 020, the mark was first used at least as early as 09/12/2019 and first used in commerce at least as early as 09/12/2019.


Proposed:

Tracked Text Description: Mattresses; Foam springs sold as an integral component of mattressesClass 020 for Foam springs sold as an integral component of mattresses
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 020, the mark was first used at least as early as 09/12/2019 . and first used in commerce at least as early as 09/12/2019 .

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Neven Sleep, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      8401 Ambassador Row
      Dallas, Texas 75247
      United States

Proposed: Neven Sleep, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      8401 Ambassador Row
      Dallas, Texas 75247
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant respectfully amends the description of the Class 20 goods to recite "Foam springs sold as an integral component of mattresses" to correct the instant specimen issues. Applicant notes that the same type of amendment/specimen issues were present in Applicant's application for "NEUTRABASE" (App. No. 87410564, now Reg. No. 6008295), and that this same approach resulted in registration of NEUTRABASE. Applicant also notes that the Trademark Examiner in Applicant's application for NEUTRAFLEX (App. No. 86837022) also recommended modifying the Class 20 "Mattresses" designation to "Foam springs sold as an integral component of mattresses."

Correspondence Information (current):
      JERRY C. HARRIS, JR.
      PRIMARY EMAIL FOR CORRESPONDENCE: wptrademarks@wickphillips.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 5704-06000.
Correspondence Information (proposed):
      Jerry C. Harris, Jr.
      PRIMARY EMAIL FOR CORRESPONDENCE: wptrademarks@wickphillips.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jerry.harris@wickphillips.com

The docket/reference number is 5704-06000.

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)
Response Signature
Signature: /Jerry C. Harris, Jr./     Date: 04/29/2020
Signatory's Name: Jerry C. Harris, Jr.
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: 2146926200

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:    JERRY C. HARRIS, JR.
   WICK PHILLIPS GOULD & MARTIN, LLP
   Suite 100
   3131 McKinney Avenue
   Dallas, Texas 75024
Mailing Address:    Jerry C. Harris, Jr.
   WICK PHILLIPS GOULD & MARTIN, LLP
   Suite 100
   3131 McKinney Avenue
   Dallas, Texas 75024
        
Serial Number: 88050067
Internet Transmission Date: Wed Apr 29 11:55:42 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202004291155425
49907-88050067-71067e60c22db0936d4b82c53
1aec465072ea9ed7eeff2ba5d98c6e7ccb3c0-N/
A-N/A-20200429114557237366