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. 88264749 EARTHCOATING(Standard Characters, see http://uspto.report/TM/88264749/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 021 for Containers made of paperboard and plastic for use in the food and beverage service and packaging industries
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: Containers made of paperboard and plastic for use in the food and beverage service and packaging industries; Containers and goods made of paperboard and plastic for use in the food and beverage service and packaging industries, namely, cups, bowls, plates, serving platters, folding cartons, wraps, labels, sacks, lids, bags, and pouches.Class 021 for Containers and goods made of paperboard and plastic for use in the food and beverage service and packaging industries, namely, cups, bowls, plates, serving platters, folding cartons, wraps, labels, sacks, lids, bags, and pouches.
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: Mei Tsang. Mei Tsang of UMBERG ZIPSER LLP, is located at

      1920 MAIN STREET, SUITE 750
      IRVINE, California 92614
      US
The docket/reference number is TM1374US00.

The phone number is 949-679-0052.

The fax number is 949-679-0461.

The email address is trademarks@umbergzipser.com

The applicants proposed attorney information: Mei Tsang. Other appointed attorneys are Ryan S. Dean. Mei Tsang of UMBERG ZIPSER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1920 MAIN STREET, SUITE 750
      IRVINE, California 92614
      United States
The docket/reference number is TM1374US00.

The phone number is 949-679-0052.

The fax number is 949-679-0461.

The email address is trademarks@umbergzipser.com

Mei Tsang 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: MEI TSANG. MEI TSANG of UMBERG ZIPSER LLP, is located at

      1920 MAIN STREET, SUITE 750
      IRVINE, California 92614
      US
The docket/reference number is TM1374US00.

The phone number is 949-679-0052.

The fax number is 949-679-0461.

The email address is trademarks@umbergzipser.com; mtsang@umbergzipser.com; rdean@umbergzipser.com

The applicants proposed correspondence information: Mei Tsang. Mei Tsang of UMBERG ZIPSER LLP, is located at

      1920 MAIN STREET, SUITE 750
      IRVINE, California 92614
      United States
The docket/reference number is TM1374US00.

The phone number is 949-679-0052.

The fax number is 949-679-0461.

The email address is trademarks@umbergzipser.com; mtsang@umbergzipser.com; rdean@umbergzipser.com

SIGNATURE(S)
Response Signature
Signature: /MeiTsang/     Date: 09/30/2019
Signatory's Name: Mei Tsang
Signatory's Position: Attorney of Record, CA Bar Member 237959

Signatory's Phone Number: 949-679-0052

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:    MEI TSANG
   UMBERG ZIPSER LLP
   
   1920 MAIN STREET, SUITE 750
   IRVINE, California 92614
Mailing Address:    Mei Tsang
   UMBERG ZIPSER LLP
   1920 MAIN STREET, SUITE 750
   IRVINE, California 92614
        
Serial Number: 88264749
Internet Transmission Date: Mon Sep 30 18:20:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20190930182012331
441-88264749-610192132d7b52c6963c74ce04f
baddf8d8f4b2a6a6a3a6c3e2f29484f1321570-N
/A-N/A-20190930150445003805