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. 88262841 THE CLEANEST PROTEIN DRINK EVER(Standard Characters, see http://uspto.report/TM/88262841/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Energy drinks; plant-based beverages
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: Energy drinks; plant-based beverages; plant-based beverages, namely, coconut-based beverages not being milk substitutesClass 032 for Energy drinks; plant-based beverages, namely, coconut-based beverages not being milk substitutes
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 029 for Plant-based beverages, namely, coconut-milk based beverages
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: Jeffrey A. Smith. Jeffrey A. Smith of Millen White Zelano and Branigan PC, is located at

      Suite 1400
      2200 Clarendon Blvd
      ARLINGTON, Virginia 22201
      US
The docket/reference number is KITTO-0002-T.

The phone number is 7034655355.

The fax number is 7032436410.

The email address is smithj@mwzb.com

The applicants proposed attorney information: Jeffrey A. Smith. Jeffrey A. Smith of Millen White Zelano and Branigan PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 1400
      2200 Clarendon Blvd
      ARLINGTON, Virginia 22201
      United States
The docket/reference number is KITTO-0002-T.

The phone number is 7034655355.

The fax number is 7032436410.

The email address is smithj@mwzb.com

Jeffrey A. Smith 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: Jeffrey A. Smith. Jeffrey A. Smith of Millen White Zelano and Branigan PC, is located at

      Suite 1400
      2200 Clarendon Blvd
      ARLINGTON, Virginia 22201
      US
The docket/reference number is KITTO-0002-T.

The phone number is 7034655355.

The fax number is 7032436410.

The email address is smithj@mwzb.com; docketing@mwzb.com

The applicants proposed correspondence information: Jeffrey A. Smith. Jeffrey A. Smith of Millen, White, Zelano and Branigan, PC, is located at

      Suite 1400
      2200 Clarendon Boulevard
      ARLINGTON, Virginia 22201
      United States
The docket/reference number is KITTO-0002-T.

The phone number is 7034655355.

The fax number is 7032436410.

The email address is docketing@mwzb.com; smithj@mwzb.com

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


FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

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.

Signature: /jas/      Date: 08/27/2019
Signatory's Name: Jeffrey A. Smith
Signatory's Position: Applicant's Attorney - FL
Signatory's Phone Number: 703-465-5355


Response Signature
Signature: /jas/     Date: 08/27/2019
Signatory's Name: Jeffrey A. Smith
Signatory's Position: Applican t's Attorney - FL

Signatory's Phone Number: 703-465-5355

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:    Jeffrey A. Smith
   Millen White Zelano and Branigan PC
   Suite 1400
   2200 Clarendon Blvd
   ARLINGTON, Virginia 22201
Mailing Address:    Jeffrey A. Smith
   Millen, White, Zelano and Branigan, PC
   Suite 1400
   2200 Clarendon Boulevard
   ARLINGTON, Virginia 22201
        
RAM Sale Number: 88262841
RAM Accounting Date: 08/27/2019
        
Serial Number: 88262841
Internet Transmission Date: Tue Aug 27 12:57:26 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908271257260
08883-88262841-610a215033d1139e053389eba
f61fdd3dec8b6e8cc53293dab93eaee2cfc8133-
DA-57255573-20190827124945072213