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. 88215077 VEGAN V BEVVEG (Stylized and/or with Design, see http://uspto.report/TM/88215077/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: VEGAN V BEVVEG (Stylized and/or with Design, see http://uspto.report/TM/88215077/mark.png)
Proposed: VEGAN V BEVVEG (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of The mark consists of the following: an incomplete, single line circle with the wording "VEGAN" at the top of the circle and the transparent letter "V" appearing within an upside-down triangle under "VEGAN" in the center of the circle. The wording "BEVVEG!" connects the curved lines of the circle to form the bottom of the circle. The white in the mark represents background and is not claimed as a feature of the mark.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for TESTING, ANALYSIS AND EVALUATION OF THE GOODS AND SERVICES OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT OR SERVICE IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS AND EVALUATION OF THE GOODS OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS AND EVALUATION OF THE 3322245.1 2 SERVICES OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE SERVICE IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS, AND EVALUATION OF BEVERAGES TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS
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: TESTING, ANALYSIS AND EVALUATION OF THE GOODS AND SERVICES OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT OR SERVICE IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS AND EVALUATION OF THE GOODS OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS AND EVALUATION OF THE 3322245.1 2 SERVICES OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE SERVICE IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS AND EVALUATION OF THE SERVICES OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE SERVICE IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS, AND EVALUATION OF BEVERAGES TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALSClass 042 for TESTING, ANALYSIS AND EVALUATION OF THE GOODS AND SERVICES OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT OR SERVICE IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS AND EVALUATION OF THE GOODS OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS AND EVALUATION OF THE SERVICES OF OTHERS TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE SERVICE IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS; TESTING, ANALYSIS, AND EVALUATION OF BEVERAGES TO DETERMINE CONFORMITY WITH CERTIFICATION STANDARDS, NAMELY, THAT THE PRODUCT IS VEGAN, AND THEREFORE, DOES NOT CONTAIN ANIMAL PRODUCTS OR ANIMAL BY PRODUCTS AND WAS NOT TESTED ON ANIMALS
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.

The applicant's current attorney information: David Hochman. David Hochman of WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP, is located at

      11400 W. OLYMPIC BLVD. 9TH FLOOR
      LOS ANGELES, California 90064
      US
The docket/reference number is 21907-002.

The phone number is 310-478-4100.

The fax number is 310-479-1422.

The email address is dhochman@wrslawyers.com

The applicants proposed attorney information: David Hochman. Other appointed attorneys are Joseph Petro, Jay-Jay Lord, Yonah Dror. David Hochman of WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      11400 W. OLYMPIC BLVD. 9TH FLOOR
      LOS ANGELES, California 90064
      United States
The docket/reference number is 21907-002.

The phone number is 310-478-4100.

The fax number is 310-479-1422.

The email address is dhochman@wrslawyers.com

David Hochman 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: DAVID HOCHMAN. DAVID HOCHMAN of WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP, is located at

      11400 W. OLYMPIC BLVD. 9TH FLOOR
      LOS ANGELES, California 90064
      US
The docket/reference number is 21907-002.

The phone number is 310-478-4100.

The fax number is 310-479-1422.

The email address is dhochman@wrslawyers.com

The applicants proposed correspondence information: David Hochman. David Hochman of WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP, is located at

      11400 W. OLYMPIC BLVD. 9TH FLOOR
      LOS ANGELES, California 90064
      United States
The docket/reference number is 21907-002.

The phone number is 310-478-4100.

The fax number is 310-479-1422.

The email address is dhochman@wrslawyers.com; patentandtrademarks@wrslawyers.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use VEGAN apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /David Hochman/     Date: 09/06/2019
Signatory's Name: David Hochman
Signatory's Position: Attorney of Record, California Bar member

Signatory's Phone Number: 310.478.4100

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:    DAVID HOCHMAN
   WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
   
   11400 W. OLYMPIC BLVD. 9TH FLOOR
   LOS ANGELES, California 90064
Mailing Address:    David Hochman
   WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
   11400 W. OLYMPIC BLVD. 9TH FLOOR
   LOS ANGELES, California 90064
        
Serial Number: 88215077
Internet Transmission Date: Fri Sep 06 13:55:58 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190906135558764
370-88215077-610d683db4c911a563229af274d
62b0a7f54dbe5da6af8d1d02bf076d5ff92bf-N/
A-N/A-20190906135009481839