Response to Office Action

AMARI

AMARI, INC.

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 88200221
LAW OFFICE ASSIGNED LAW OFFICE 118
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88200221/mark.png
LITERAL ELEMENT AMARI
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_1-966916785-20190718144310814805_._Response_to_Office_Action.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
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       ORIGINAL PDF FILE evi_2-966916785-20190718144310814805_._Ex._1_-_SN_4270947.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
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       ORIGINAL PDF FILE evi_2-966916785-20190718144310814805_._Ex._2_-_translate_amaro-_Google_Search.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
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       ORIGINAL PDF FILE evi_2-966916785-20190718144310814805_._Ex._3_-_translate_amari_-_Google_Search.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
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        \\TICRS\EXPORT17\IMAGEOUT17\882\002\88200221\xml3\ROA0015.JPG
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       ORIGINAL PDF FILE evi_1-966916785-20190718144310814805_._Ex._4_-_Japanese_herbal_beverage_-_Google_Search.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
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        \\TICRS\EXPORT17\IMAGEOUT17\882\002\88200221\xml3\ROA0018.JPG
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DESCRIPTION OF EVIDENCE FILE Applicants argument in favor of registrtion including exhibits.
GOODS AND/OR SERVICES SECTION (005)(current)
INTERNATIONAL CLASS 005
DESCRIPTION
Herbal drinks used to aid in sleep and relaxation; Herbal supplements; Herbal supplements for sleeping problems; Herbal supplements for muscle recovery; Herbal supplements for recovery from specific sports; Herbal supplements for area of body; Herbal supplements for specific health condition; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Powdered nutritional supplement drink mix containing adaptogenic herbs; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary supplement beverage for muscle recovery; Dietary supplement beverage for recovery from specific sports; Dietary supplement beverage for area of body; Dietary supplement beverage for specific health condition; Natural herbal supplements; Nutritional supplements in the form of powder
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (005)(proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
Herbal drinks used to aid in sleep and relaxation; Herbal supplements; Herbal supplements for sleeping problems; Herbal supplements for muscle recovery; Herbal supplements for recovery from specific sports; Herbal supplements for muscles, joints, tendons, legs, back, shoulders, arms, neck, and feet; Herbal supplements for area of body; Herbal supplements for inflammation, muscle soreness, joint discomfort, anxiety, stress, sleeplessness, nausea, and low energy; Herbal supplements for specific health condition; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Powdered nutritional supplement drink mix containing adaptogenic herbs; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary supplement beverage for muscle recovery; Dietary supplement beverage for muscles, joints, tendons, legs, back, shoulders, arms, neck, and feet; Dietary supplement beverage for recovery from specific sports; Dietary supplement beverage for inflammation, muscle soreness, joint discomfort, anxiety, stress, sleeplessness, nausea, and low energy; Dietary supplement beverage for area of body; Natural herbal supplements; Dietary supplement beverage for specific health condition; Nutritional supplements in the form of powder.; Nutritional supplements in the form of powder
FINAL DESCRIPTION
Herbal drinks used to aid in sleep and relaxation; Herbal supplements; Herbal supplements for sleeping problems; Herbal supplements for muscle recovery; Herbal supplements for muscles, joints, tendons, legs, back, shoulders, arms, neck, and feet; Herbal supplements for inflammation, muscle soreness, joint discomfort, anxiety, stress, sleeplessness, nausea, and low energy; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Powdered nutritional supplement drink mix containing adaptogenic herbs; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary supplement beverage for muscle recovery; Dietary supplement beverage for muscles, joints, tendons, legs, back, shoulders, arms, neck, and feet; Dietary supplement beverage for inflammation, muscle soreness, joint discomfort, anxiety, stress, sleeplessness, nausea, and low energy; Natural herbal supplements; Nutritional supplements in the form of powder.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (030)(no change)
NEW ATTORNEY SECTION
NAME Scott E. Brenner
FIRM NAME Thomas P. Howard, LLC
OTHER APPOINTED ATTORNEY Thomas P. Howard, Jenifer S. McIntosh, James Juo
INTERNAL ADDRESS Suite 100
STREET 842 W. South Boulder Rd.
CITY Louisville
STATE Colorado
ZIP/POSTAL CODE 80027
COUNTRY United States
PHONE 3036659845
FAX 3036659847
EMAIL sbrenner@thowardlaw.com
AUTHORIZED EMAIL COMMUNICATION Yes
CORRESPONDENCE SECTION
ORIGINAL ADDRESS AMARI, LLC
AMARI, LLC
PO BOX 270622
LOUISVILLE
Colorado
US
80027
NEW CORRESPONDENCE SECTION
NAME Scott E. Brenner
FIRM NAME Thomas P. Howard, LLC
DOCKET/REFERENCE NUMBER Gircus
INTERNAL ADDRESS Suite 100
STREET 842 W. South Boulder Rd.
CITY Louisville
STATE Colorado
ZIP/POSTAL CODE 80027
COUNTRY United States
PHONE 3036659845
FAX 3036659847
EMAIL sbrenner@thowardlaw.com;tmdocket@thowardlaw.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Scott E. Brenner/
SIGNATORY'S NAME Scott E. Brenner
SIGNATORY'S POSITION Attorney of record, Colorado bar member
SIGNATORY'S PHONE NUMBER 3036659845
DATE SIGNED 07/18/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jul 18 15:07:12 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
190718150712303959-882002
21-620dd45475599bb48c89b6
87eb817cd083a9813c808462c
63d2039e74a7eedf517-N/A-N
/A-20190718144310814805



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. 88200221 AMARI (Stylized and/or with Design, see http://uspto.report/TM/88200221/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicants argument in favor of registrtion including exhibits. has been attached.
Original PDF file:
evi_1-966916785-20190718144310814805_._Response_to_Office_Action.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_2-966916785-20190718144310814805_._Ex._1_-_SN_4270947.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_2-966916785-20190718144310814805_._Ex._2_-_translate_amaro-_Google_Search.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_2-966916785-20190718144310814805_._Ex._3_-_translate_amari_-_Google_Search.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_1-966916785-20190718144310814805_._Ex._4_-_Japanese_herbal_beverage_-_Google_Search.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Herbal drinks used to aid in sleep and relaxation; Herbal supplements; Herbal supplements for sleeping problems; Herbal supplements for muscle recovery; Herbal supplements for recovery from specific sports; Herbal supplements for area of body; Herbal supplements for specific health condition; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Powdered nutritional supplement drink mix containing adaptogenic herbs; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary supplement beverage for muscle recovery; Dietary supplement beverage for recovery from specific sports; Dietary supplement beverage for area of body; Dietary supplement beverage for specific health condition; Natural herbal supplements; Nutritional supplements in the form of powder
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: Herbal drinks used to aid in sleep and relaxation; Herbal supplements; Herbal supplements for sleeping problems; Herbal supplements for muscle recovery; Herbal supplements for recovery from specific sports; Herbal supplements for muscles, joints, tendons, legs, back, shoulders, arms, neck, and feet; Herbal supplements for area of body; Herbal supplements for inflammation, muscle soreness, joint discomfort, anxiety, stress, sleeplessness, nausea, and low energy; Herbal supplements for specific health condition; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Powdered nutritional supplement drink mix containing adaptogenic herbs; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary supplement beverage for muscle recovery; Dietary supplement beverage for muscles, joints, tendons, legs, back, shoulders, arms, neck, and feet; Dietary supplement beverage for recovery from specific sports; Dietary supplement beverage for inflammation, muscle soreness, joint discomfort, anxiety, stress, sleeplessness, nausea, and low energy; Dietary supplement beverage for area of body; Natural herbal supplements; Dietary supplement beverage for specific health condition; Nutritional supplements in the form of powder.; Nutritional supplements in the form of powderClass 005 for Herbal drinks used to aid in sleep and relaxation; Herbal supplements; Herbal supplements for sleeping problems; Herbal supplements for muscle recovery; Herbal supplements for muscles, joints, tendons, legs, back, shoulders, arms, neck, and feet; Herbal supplements for inflammation, muscle soreness, joint discomfort, anxiety, stress, sleeplessness, nausea, and low energy; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Powdered nutritional supplement drink mix containing adaptogenic herbs; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary supplement beverage for muscle recovery; Dietary supplement beverage for muscles, joints, tendons, legs, back, shoulders, arms, neck, and feet; Dietary supplement beverage for inflammation, muscle soreness, joint discomfort, anxiety, stress, sleeplessness, nausea, and low energy; Natural herbal supplements; Nutritional supplements in the form of powder.
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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Scott E. Brenner of Thomas P. Howard, LLC, having an address of
Suite 100 842 W. South Boulder Rd. Louisville, Colorado 80027
United States
sbrenner@thowardlaw.com
3036659845
3036659847
The Other Appointed Attorney(s): Thomas P. Howard, Jenifer S. McIntosh, James Juo.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
AMARI, LLC
AMARI, LLC
PO BOX 270622
LOUISVILLE
Colorado
US
80027

Proposed:
Scott E. Brenner of Thomas P. Howard, LLC, having an address of
Suite 100 842 W. South Boulder Rd. Louisville, Colorado 80027
United States
sbrenner@thowardlaw.com;tmdocket@thowardlaw.com
3036659845
3036659847
The docket/reference number is Gircus .



SIGNATURE(S)
Response Signature
Signature: /Scott E. Brenner/     Date: 07/18/2019
Signatory's Name: Scott E. Brenner
Signatory's Position: Attorney of record, Colorado bar member

Signatory's Phone Number: 3036659845

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:    Scott E. Brenner
   Thomas P. Howard, LLC
   Suite 100
   842 W. South Boulder Rd.
   Louisville, Colorado 80027
        
Serial Number: 88200221
Internet Transmission Date: Thu Jul 18 15:07:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190718150712303
959-88200221-620dd45475599bb48c89b687eb8
17cd083a9813c808462c63d2039e74a7eedf517-
N/A-N/A-20190718144310814805


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