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 2194 (Rev 03/2012) |
OMB No. 0651-0054 (Exp 12/31/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88249336 |
LAW OFFICE ASSIGNED | LAW OFFICE 113 |
DATE OF NOTICE OF ABANDONMENT | 10/18/2019 |
PETITION | |
PETITION STATEMENT | Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional. The signatory did not receive the Office action prior to the expiration of the six-month response period, and requests the USPTO to revive the abandoned application and reissue the Office Action. |
RESPONSE TO OFFICE ACTION | |
MARK SECTION | |
MARK | http://uspto.report/TM/88249336/mark.png |
LITERAL ELEMENT | BUCKET LIST |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) | |
Applicant seeks to register the mark ?BUCKET LIST? in connection with their already well-known, well- documented, and established brand name in travel entertainment and related products, including travel water bottles. Applicant respectfully disagrees with the refusal based on the most important of the du Pont factors, arguing that the marks are not similar enough in their entireties as to appearance, sound, connotation or commercial impression to warrant a 2(d) likelihood of confusion refusal and that the goods are not related. The applicant is further limiting the description to avoid any confusion with buckets used for other non-drinking purposes (such as the cited mark, a metal bucket serving as a three-dimensional journal). | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 025 |
DESCRIPTION | |
Clothing, namely, for men, women, and children. Headwear for men, women, and children. Wristbands as accessories for men, women, and children. One-piece clothing items for toddlers and infants. Traveling clothing for men, women, and children | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 05/01/2015 |
FIRST USE IN COMMERCE DATE | At least as early as 07/01/2015 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 025 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | |
reusable travel water bottles sold empty designed to reduce single-use plastic waste | |
FILING BASIS | Section 1(b) |
DELETED FILING BASIS | 1(a); |
ATTORNEY SECTION (current) | |
NAME | Brittany Ratelle |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | RATELLE LAW |
INTERNAL ADDRESS | SUITE #1-1035 |
STREET | 3556 S 5600 W |
CITY | SLC |
STATE | Utah |
POSTAL CODE | 84120 |
COUNTRY | US |
b@ratellelaw.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
ATTORNEY SECTION (proposed) | |
NAME | Brittany Ratelle |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | RATELLE LAW |
INTERNAL ADDRESS | SUITE #1-1035 |
STREET | 3556 S 5600 W |
CITY | SLC |
STATE | Utah |
POSTAL CODE | 84120 |
COUNTRY | United States |
b@ratellelaw.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
CORRESPONDENCE SECTION (current) | |
NAME | BRITTANY RATELLE |
FIRM NAME | RATELLE LAW |
INTERNAL ADDRESS | SUITE #1-1035 |
STREET | 3556 S 5600 W |
CITY | SLC |
STATE | Utah |
POSTAL CODE | 84120 |
COUNTRY | US |
b@ratellelaw.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
CORRESPONDENCE SECTION (proposed) | |
NAME | Brittany Ratelle |
FIRM NAME | RATELLE LAW |
INTERNAL ADDRESS | SUITE #1-1035 |
STREET | 3556 S 5600 W |
CITY | SLC |
STATE | Utah |
POSTAL CODE | 84120 |
COUNTRY | United States |
b@ratellelaw.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
PAYMENT SECTION | |
TOTAL AMOUNT | 100 |
TOTAL FEES DUE | 100 |
SIGNATURE SECTION | |
PETITION SIGNATURE | /Brittany Ratelle/ |
SIGNATORY'S NAME | Brittany Ratelle |
SIGNATORY'S POSITION | Attorney of record, Utah bar member |
SIGNATORY'S PHONE NUMBER | 8013193004 |
DATE SIGNED | 12/18/2019 |
DECLARATION SIGNATURE | /Brittany Ratelle/ |
SIGNATORY'S NAME | Brittany Ratelle |
SIGNATORY'S POSITION | Attorney of Record, UT bar member |
SIGNATORY'S PHONE NUMBER | 3859853606 |
DATE SIGNED | 12/18/2019 |
RESPONSE SIGNATURE | /Brittany Ratelle/ |
SIGNATORY'S NAME | Brittany Ratelle |
SIGNATORY'S POSITION | Attorney of Record, Utah Bar member |
SIGNATORY'S PHONE NUMBER | 3859853606 |
DATE SIGNED | 12/18/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Dec 18 05:37:17 EST 2019 |
TEAS STAMP | USPTO/POA-XXXX:XXXX:XXXX: XXXX:XXXX:XXXX:XXXX:XXXX- 20191218053717545347-8824 9336-70076621bb4697d59c13 de7bf6e9237fb9f6a336278b9 fa22cdc35fdbcc8558528-CC- 37152110-2019121805190155 3603 |
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 2194 (Rev 03/2012) |
OMB No. 0651-0054 (Exp 12/31/2020) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.