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. 88255887 FRESHIE(Standard Characters, see http://uspto.report/TM/88255887/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_1-73581909-20190729190652112649_._Freshie_TM_Response.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Soft drinks, carbonated and non-carbonated beverages and sparkling water
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: Soft drinks, carbonated and non-carbonated beverages and sparkling water; Soft drinks; carbonated non-alcoholic beverages; non-carbonated non-alcoholic beverages; sparkling waterClass 032 for Soft drinks; carbonated non-alcoholic beverages; non-carbonated non-alcoholic beverages; sparkling 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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
HILLEL FRANKEL
LEAVENS, STRAND & GLOVER, LLC
1102 17TH AVE S. SUITE #306
NASHVILLE
Tennessee
US
37212

Proposed:
HILLEL FRANKEL of Mandell Menkes, having an address of
1 N. Franklin Suite 3600 Chicago, Illinois 60606
United States
hfrankel@mandellmenkes.com;tmiller@mandellmenkes.com
3126415300



SIGNATURE(S)
Response Signature
Signature: /Hillel Frankel/     Date: 07/29/2019
Signatory's Name: Hillel Frankel
Signatory's Position: Attorney of Record, IL Bar

Signatory's Phone Number: 3126415300

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:    HILLEL FRANKEL
   Mandell Menkes
   1 N. Franklin
   Suite 3600
   Chicago, Illinois 60606
        
Serial Number: 88255887
Internet Transmission Date: Mon Jul 29 19:19:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201907291919391263
13-88255887-620651ee691d8d3e4b9f5c8ec3cf
ce11c27e481453951d578b86439f5e451ec02a-N
/A-N/A-20190729190652112649