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)

---

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. 88148646 BE WELL (Stylized and/or with Design, see http://uspto.report/TM/88148646/mark.png) has been amended as follows:

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

Reg. No. 4434264 issued on 11/19/2013. Accordingly, the Section 8 Affidavit was due on or before 11/19/2019. The six-month grace period for late filing the Section 8 Affidavit will expire on 05/19/2020. According to the USPTO?s TARR information system, Registrant has failed to file the Section 8 Affidavit. Accordingly, Applicant believes the cited registration will be cancelled in due course. If necessary, Applicant requests the application be suspended until such time as the Examining Attorney can confirm cancellation of the cited registration.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Be Well Therapy, Inc., a corporation of California, having an address of
      PO Box 102
      Oceanside, California 92049
      United States

Proposed: Be Well Therapy, Inc., a corporation of California, having an address of
      1524 VIA OTANO
      Oceanside, California 92056
      United States

The applicant's current attorney information: Christopher J. Day. Christopher J. Day of DAY LAW FIRM, is located at

      9977 NORTH 90TH STREET, SUITE 155
      SCOTTSDALE, Arizona 85258
      US

The phone number is 602-258-4440.

The fax number is 602-258-4441.

The email address is chris@daylawfirm.com

The applicants proposed attorney information: Christopher J. Day. Other appointed attorneys are Janna Day. Christopher J. Day of Day Law Firm, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      9977 North 90th Street, Suite 155
      Scottsdale, Arizona 85258
      United States

The phone number is 602-258-4440.

The fax number is 602-258-4441.

The email address is chris@daylawfirm.com

Christopher J. Day submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: CHRISTOPHER J. DAY. CHRISTOPHER J. DAY of DAY LAW FIRM, is located at

      9977 NORTH 90TH STREET, SUITE 155
      SCOTTSDALE, Arizona 85258
      US

The phone number is 602-258-4440.

The fax number is 602-258-4441.

The email address is chris@daylawfirm.com

The applicants proposed correspondence information: Christopher J. Day. Christopher J. Day of Day Law Firm, is located at

      9977 North 90th Street, Suite 155
      Scottsdale, Arizona 85258
      United States

The phone number is 602-258-4440.

The fax number is 602-258-4441.

The email address is chris@daylawfirm.com

SIGNATURE(S)
Response Signature
Signature: /Christopher J. Day/     Date: 01/24/2020
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-258-4440

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:    CHRISTOPHER J. DAY
   DAY LAW FIRM
   
   9977 NORTH 90TH STREET, SUITE 155
   SCOTTSDALE, Arizona 85258
Mailing Address:    Christopher J. Day
   Day Law Firm
   9977 North 90th Street, Suite 155
   Scottsdale, Arizona 85258
        
Serial Number: 88148646
Internet Transmission Date: Fri Jan 24 19:03:12 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202001241903121
18365-88148646-700f513fa41d88f3b6495d7fb
1bbb51a4c4c8f06e7df9874541c225a7c19a6ff-
N/A-N/A-20200124190248674724