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. 88201020 BERBERPURE(Standard Characters, see http://uspto.report/TM/88201020/mark.png) has been amended as follows:

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

In response to the request to amend the identification of goods "because it does not identify the goods clearly", Applicant submits the goods are sufficiently clear and definite and should be accepted as is.  In this regard, Applicant submits a copy from the ID Manual showing "fungal extracts sold as a component ingredient of nutritional supplements and vitamins" as well as various recently issued registrations showing similar "component ingredient" language including Registration Number 5710902 (showing extract made from plant material as a component ingredient), Registration Number 5680616 (showing luteolin as a component ingredient), Registration Number 5681256 (showing grape see extracts as a component ingredient), Registration Number 5645327 (showing curcumin-based extracts as a component ingredient) and Registration Number 5434870 (showing lion's mane mushroom as a component ingredient).  In view of the foregoing, Applicant submits the goods as written are sufficiently definite and requests they be accepted.

EVIDENCE
Evidence in the nature of Print out from ID Manual and third party registrations has been attached.
Original PDF file:
evi_19294203253-20190627120818156116_._Component_Ingredient_Registrations.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MARK HARRISON
VENABLE LLP
P.O. BOX 34385
WASHINGTON
District of Columbia
US
20043-9998

Proposed:
MARK HARRISON of VENABLE LLP, having an address of
P.O. BOX 34385 WASHINGTON, District of Columbia 20043-9998
United States
trademarkdocket@venable.com;rliebowitz@venable.com
202.344.4976
(202) 344-8300
The docket/reference number is 49864-488163 .



ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
Berber appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /rebecca liebowitz/     Date: 06/27/2019
Signatory's Name: Rebecca Liebowitz
Signatory's Position: Applicant's Attorney, DC/VA bar member

Signatory's Phone Number: 202.344.4976

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:    MARK HARRISON
   VENABLE LLP
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
        
Serial Number: 88201020
Internet Transmission Date: Thu Jun 27 12:14:51 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201906271214519
04052-88201020-62057bd2428b63652a23cb17e
d95fa74e1b2d8520c1ba1bfa732a17c378ae2f42
6b-N/A-N/A-20190627120818156116