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. 88251915 RIVAL(Standard Characters, see http://uspto.report/TM/88251915/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Enclosed herewith is Applicant's response to the Office Action dated September 3, 2019.
Original PDF file:
evi_98191153114-202002281 84509427462_._ROA.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 032 for sports drinks containing cannabidiol (CBD); sports drinks; energy drinks containing cannabidiol (CBD); energy drinks; non-alcoholic carbonated soft drinks containing cannabidiol (CBD); non-alcoholic carbonated soft drinks; drinking water containing cannabidiol (CBD); drinking water; drinking water containing vitamins and minerals; drinking water containing electrolytes; flavored drinking water
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: sports drinks containing cannabidiol (CBD); sports drinks containing only naturally occurring amounts of cannabidiol (CBD); sports drinks; energy drinks containing cannabidiol (CBD); energy drinks containing only naturally occurring amounts of cannabidiol (CBD); energy drinks; non-alcoholic carbonated soft drinks containing cannabidiol (CBD); non-alcoholic carbonated soft drinks containing only naturally occurring amounts of cannabidiol (CBD); non-alcoholic carbonated soft drinks; drinking water containing cannabidiol (CBD); drinking water containing only naturally occurring amounts of cannabidiol (CBD); drinking water; drinking water containing vitamins and minerals; drinking water containing electrolytes; flavored drinking water; all of the foregoing solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basisClass 032 for sports drinks containing only naturally occurring amounts of cannabidiol (CBD); sports drinks; energy drinks containing only naturally occurring amounts of cannabidiol (CBD); energy drinks; non-alcoholic carbonated soft drinks containing only naturally occurring amounts of cannabidiol (CBD); non-alcoholic carbonated soft drinks; drinking water containing only naturally occurring amounts of cannabidiol (CBD); drinking water; drinking water containing vitamins and minerals; drinking water containing electrolytes; flavored drinking water; all of the foregoing solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Food Labs, Inc., a corporation of Nevada, having an address of
      520 Newport Center Drive, Floor 12
      Newport Beach, California 92660
      United States

Proposed: Food Labs, Inc., a corporation of Nevada, having an address of
      520 Newport Center Drive, Floor 12
      Newport Beach, California 92660
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Eric L. Tanezaki. Eric L. Tanezaki of STETINA BRUNDA GARRED & BRUCKER, is located at

      75 ENTERPRISE, SUITE 250
      ALISO VIEJO, California 92656
      United States
The docket/reference number is FOODS-002T.
      The phone number is 949-855-1246.
      The fax number is 949-855-6371.
      The email address is etanezaki@stetinalaw.com

The owner's/holder's proposed attorney information: Eric L. Tanezaki. Other appointed attorneys are Kit M. Stetina, Mark B. Garred, William J. Brucker and any other attorney associated with the firm STETINA BRUNDA GARRED & BRUCKER. Eric L. Tanezaki of STETINA BRUNDA GARRED & BRUCKER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      75 ENTERPRISE, SUITE 250
      ALISO VIEJO, California 92656
      United States
The docket/reference number is FOODS-002T.
      The phone number is 949-855-1246.
      The fax number is 949-855-6371.
      The email address is etanezaki@stetinalaw.com

Eric L. Tanezaki 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.Correspondence Information (current):
      ERIC L. TANEZAKI
      PRIMARY EMAIL FOR CORRESPONDENCE: etanezaki@stetinalaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gdelgadillo@stetinalaw.com

The docket/reference number is FOODS-002T.
Correspondence Information (proposed):
      Eric L. Tanezaki
      PRIMARY EMAIL FOR CORRESPONDENCE: etanezaki@stetinalaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gdelgadillo@stetinalaw.com

The docket/reference number is FOODS-002T.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Eric L. Tanezaki/     Date: 02/28/2020
Signatory's Name: Eric L. Tanezaki
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: 949-855-1246

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:    ERIC L. TANEZAKI
   STETINA BRUNDA GARRED & BRUCKER
   
   75 ENTERPRISE, SUITE 250
   ALISO VIEJO, California 92656
Mailing Address:    Eric L. Tanezaki
   STETINA BRUNDA GARRED & BRUCKER
   75 ENTERPRISE, SUITE 250
   ALISO VIEJO, California 92656
        
Serial Number: 88251915
Internet Transmission Date: Mon Mar 02 10:42:57 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003021042577
19510-88251915-7107e6cf2305b968e46f4526c
a42b50a8e8c0fe1961b8bdcb6c7ae917bdbfd1a1
c0-N/A-N/A-20200228184509427462