Response to Office Action

FIT FARE

DFO, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88121948
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK http://uspto.report/TM/88121948/mark.png
LITERAL ELEMENT FIT FARE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
The Trademark Attorney has rejected this application on the basis of descriptiveness.  Applicant wishes to amend the application to add a claim of distinctiveness under section 2(f) of the Act to overcome this rejection.
ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
NEW ATTORNEY SECTION
NAME Barbara L. (Pixie) Waite
FIRM NAME Law Office of Barbara L. Waite P.C.
STREET 1775 Eye St. NW, Ste. 1105
CITY Washington
STATE District of Columbia
ZIP/POSTAL CODE 20006
COUNTRY United States
PHONE 2025875762
FAX 2025875601
EMAIL pixie@blwaitepc.com
AUTHORIZED EMAIL COMMUNICATION Yes
CORRESPONDENCE SECTION
ORIGINAL ADDRESS DFO, LLC
DFO, LLC
203 EAST MAIN STREET
SPARTANBURG
South Carolina
US
29319
NEW CORRESPONDENCE SECTION
NAME Barbara L. (Pixie) Waite
FIRM NAME Law Office of Barbara L. Waite P.C.
STREET 1775 Eye St. NW, Ste. 1105
CITY Washington
STATE District of Columbia
ZIP/POSTAL CODE 20006
COUNTRY United States
PHONE (202)587-5762
FAX (202)587-5601
EMAIL pixie@blwaitepc.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_17373155165-155705277_._image2019-02-27-151226.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\881\219\88121948\xml4\ROA0002.JPG
SIGNATORY'S NAME Timothy E. Flemming
SIGNATORY'S POSITION Senior Vice President
RESPONSE SIGNATURE / B. L. Waite /
SIGNATORY'S NAME Barbara L. (Pixie) Waite
SIGNATORY'S POSITION Attorney of record, DC bar member
SIGNATORY'S PHONE NUMBER (202) 587-5762
DATE SIGNED 03/05/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Mar 05 16:00:02 EST 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20190305160002766218-8812
1948-620ebc7fd1c40ee2fe8e
2c5c66263c297d5d39bb38cf4
b3fddb9ae95dbbb47d93-N/A-
N/A-20190305155705277967



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. 88121948 FIT FARE(Standard Characters, see http://uspto.report/TM/88121948/mark.png) has been amended as follows:

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

The Trademark Attorney has rejected this application on the basis of descriptiveness.  Applicant wishes to amend the application to add a claim of distinctiveness under section 2(f) of the Act to overcome this rejection.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Barbara L. (Pixie) Waite of Law Office of Barbara L. Waite P.C., having an address of
1775 Eye St. NW, Ste. 1105 Washington, District of Columbia 20006
United States
pixie@blwaitepc.com
2025875762
2025875601


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
DFO, LLC
DFO, LLC
203 EAST MAIN STREET
SPARTANBURG
South Carolina
US
29319

Proposed:
Barbara L. (Pixie) Waite of Law Office of Barbara L. Waite P.C., having an address of
1775 Eye St. NW, Ste. 1105 Washington, District of Columbia 20006
United States
pixie@blwaitepc.com
(202)587-5762
(202)587-5601



ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_17373155165-155705277_._image2019-02-27-151226.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Timothy E. Flemming
Signatory's Position: Senior Vice President

Response Signature
Signature: / B. L. Waite /     Date: 03/05/2019
Signatory's Name: Barbara L. (Pixie) Waite
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: (202) 587-5762

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.

Mailing Address:    Barbara L. (Pixie) Waite
   Law Office of Barbara L. Waite P.C.
   1775 Eye St. NW, Ste. 1105
   Washington, District of Columbia 20006
        
Serial Number: 88121948
Internet Transmission Date: Tue Mar 05 16:00:02 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201903051600027
66218-88121948-620ebc7fd1c40ee2fe8e2c5c6
6263c297d5d39bb38cf4b3fddb9ae95dbbb47d93
-N/A-N/A-20190305155705277967


Response to Office Action [image/jpeg]


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