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. 88242779 CAREFREE (Stylized and/or with Design, see http://uspto.report/TM/88242779/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Response to Office Action and Exhibit A. has been attached.
Original PDF file:
evi_649558195-20190923172958325556_._ROA_88242779_CAREFREE.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Saddle trees; leather leashes; leather leads; collars for animals; covers for animals; harness for animals; clothing for pets; umbrellas; trunks; backpacks; rucksacks; umbrella handles
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: Saddle trees; leather leashes; leather leads; collars for animals; covers for animals; harness for animals; clothing for pets; umbrellas; trunks; traveling trunks; trunks being luggage, and storage trunks; backpacks; rucksacks; umbrella handlesClass 018 for Saddle trees; leather leashes; leather leads; collars for animals; covers for animals; harness for animals; clothing for pets; umbrellas; traveling trunks; trunks being luggage, and storage trunks; backpacks; rucksacks; umbrella handles
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: Susan L. Heller. Susan L. Heller of GREENBERG TRAURIG, LLP, is located at

      3161 MICHELSON DRIVE, NO. 1000
      IRVINE, California 92612
      US
The docket/reference number is n/a.

The phone number is 949-732-6810.

The fax number is 949.266.9468.

The email address is gtipmail@gtlaw.com

The applicants proposed attorney information: Susan L. Heller. Susan L. Heller of GREENBERG TRAURIG, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3161 MICHELSON DRIVE, NO. 1000
      IRVINE, California 92612
      United States
The docket/reference number is n/a.

The phone number is 949-732-6810.

The fax number is 949.266.9468.

The email address is gtipmail@gtlaw.com

Susan L. Heller 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: SUSAN L. HELLER. SUSAN L. HELLER of GREENBERG TRAURIG, LLP, is located at

      3161 MICHELSON DRIVE, NO. 1000
      IRVINE, California 92612
      US
The docket/reference number is n/a.

The phone number is 949-732-6810.

The fax number is 949.266.9468.

The email address is gtipmail@gtlaw.com; octm@gtlaw.com

The applicants proposed correspondence information: Susan L. Heller. Susan L. Heller of GREENBERG TRAURIG, LLP, is located at

      3161 MICHELSON DRIVE, NO. 1000
      IRVINE, California 92612
      United States
The docket/reference number is n/a.

The phone number is 949-732-6810.

The fax number is 949.266.9468.

The email address is gtipmail@gtlaw.com; octm@gtlaw.com

SIGNATURE(S)
Response Signature
Signature: /Susan L. Heller/     Date: 09/23/2019
Signatory's Name: Susan L. Heller
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 9497326810

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:    SUSAN L. HELLER
   GREENBERG TRAURIG, LLP
   
   3161 MICHELSON DRIVE, NO. 1000
   IRVINE, California 92612
Mailing Address:    Susan L. Heller
   GREENBERG TRAURIG, LLP
   3161 MICHELSON DRIVE, NO. 1000
   IRVINE, California 92612
        
Serial Number: 88242779
Internet Transmission Date: Mon Sep 23 17:38:33 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190923173833533
563-88242779-6105910d1e74c19b528d1fa77ec
66c0d2e11acd661df535fdf6f7a8345683a-N/A-
N/A-20190923172958325556