| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88272420 |
| LAW OFFICE ASSIGNED | LAW OFFICE 122 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88272420/mark.png |
| LITERAL ELEMENT | THE OASIS |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
Dear Commissioner: Applicant timely responds to the Office Action dated April 15, 2019 in the above-identified application. In the Office Action, the Examining Attorney objected to the description of services and cited Application No. 87/856,103 (“Cited Mark”), which has now been removed from Allowance. Applicant responds with the following amendment and remarks. AMENDMENT Applicant amends the identification of services as shown below where deletions are shown with strikethrough: Providing amusement parks featuring water rides, water slides, body surfing pools, and swimming pools. (in Int’l Class 41
REMARKS
In the amendments above, Applicant adopts the Examining Attorney’s suggestions for the description of the services by amending the Class from 35 to 41 and deleting class 44 from the Application. In view of the Examining Attorney’s provisional refusal of the above reference mark, Applicant notes that action on the above-referenced application may be suspended. Applicant hereby reserves the right to present arguments in opposition to the outstanding provisional refusal in the event that a refusal under Section 2(d) is later issued. CONCLUSION In view of the foregoing, Applicant respectfully submits that the issues raised in the outstanding Office Action have been addressed and that Applicant’s mark should now be suspended. If it would be helpful in expediting the prosecution of this application, the undersigned would welcome a telephone call at the number listed below at the Examining Attorney’s convenience. |
|
| GOODS AND/OR SERVICES SECTION (035)(class deleted) | |
| GOODS AND/OR SERVICES SECTION (041)(class added)Original Class (035) | |
| INTERNATIONAL CLASS | 041 |
| DESCRIPTION | |
| Providing amusement parks featuring water rides, water slides, body surfing pools, and swimming pools | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 01/00/2008 |
| FIRST USE IN COMMERCE DATE | At least as early as 01/00/2008 |
| GOODS AND/OR SERVICES SECTION (044)(class deleted) | |
| ATTORNEY SECTION (current) | |
| NAME | R. Lee Fraley |
| ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
| YEAR OF ADMISSION | NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
| FIRM NAME | SNELL & WILMER L.L.P. |
| STREET | 400 E. VAN BUREN ST. |
| CITY | PHOENIX |
| STATE | Arizona |
| POSTAL CODE | 85004-2202 |
| COUNTRY | US |
| PHONE | 602-382-6000 |
| FAX | 602-382-6070 |
| ipdocket@swlaw.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| DOCKET/REFERENCE NUMBER | 41221.02100 |
| ATTORNEY SECTION (proposed) | |
| NAME | R. Lee Fraley |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | SNELL & WILMER L.L.P. |
| STREET | 400 E. VAN BUREN ST. |
| CITY | PHOENIX |
| STATE | Arizona |
| POSTAL CODE | 85004-2202 |
| COUNTRY | United States |
| PHONE | 602-382-6000 |
| FAX | 602-382-6070 |
| ipdocket@swlaw.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| DOCKET/REFERENCE NUMBER | 41221.02100 |
| OTHER APPOINTED ATTORNEY | Daniel I. Ackerman, Dax Alvarez, Lester J. Anderson, J. Damon Ashcraft, David G. Barker, Anne Bolamperti, Robert A. Clarke, David I. Dubin, Jonathan B. Fitzgerald, Andrew Flior, Tyler J. Fortner, Albin H. Gess, Farris J. Gillman, Deborah Gubernick, Charles F. Hauff, Jr., Andrew Huah, Dwight Kim, Peter Krehbiel, Grant T. Langton, Sid Leach, Gabrielle M. Morlock, Jeffrey D. Morton, William F. Mulholland II, David P. Nigro, Paul A. Pappalardo, Cynthia L. Pillote, John H. Platt, Joseph W. Price, Simone T. Raess, Ryan D. Ricks, David E. Rogers, C. Matthew Rozier, Gregory Scheiferstein, Howard I. Sobelman, C. Blake Steel, Joseph Teleoglou, Ketan S. Vakil, and Michele N. Washington |
| CORRESPONDENCE SECTION (current) | |
| NAME | R. LEE FRALEY |
| FIRM NAME | SNELL & WILMER L.L.P. |
| STREET | 400 E. VAN BUREN ST. |
| CITY | PHOENIX |
| STATE | Arizona |
| POSTAL CODE | 85004-2202 |
| COUNTRY | US |
| PHONE | 602-382-6000 |
| FAX | 602-382-6070 |
| ipdocket@swlaw.com; lfraley@swlaw.com; sschahn@swlaw.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| DOCKET/REFERENCE NUMBER | 41221.02100 |
| CORRESPONDENCE SECTION (proposed) | |
| NAME | R. Lee Fraley |
| FIRM NAME | SNELL & WILMER L.L.P. |
| STREET | 400 E. VAN BUREN ST. |
| CITY | PHOENIX |
| STATE | Arizona |
| POSTAL CODE | 85004-2202 |
| COUNTRY | United States |
| PHONE | 602-382-6000 |
| FAX | 602-382-6070 |
| ipdocket@swlaw.com; lfraley@swlaw.com; sschahn@swlaw.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| DOCKET/REFERENCE NUMBER | 41221.02100 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /R. Lee Fraley/ |
| SIGNATORY'S NAME | R. Lee Fraley |
| SIGNATORY'S POSITION | Attorney of record, Arizona bar member |
| SIGNATORY'S PHONE NUMBER | 602-382-6000 |
| DATE SIGNED | 10/02/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Oct 02 13:04:47 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.X-2 0191002130447407056-88272 420-610d37de824e9522e7b89 6f15f5d32db8ec266215a99d0 2656960c39d9329ba-N/A-N/A -20191002124230482194 |
| 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) |
Dear Commissioner:
Applicant timely responds to the Office Action dated April 15, 2019 in the above-identified application. In the Office Action, the Examining Attorney objected to the description of services and cited Application No. 87/856,103 (“Cited Mark”), which has now been removed from Allowance. Applicant responds with the following amendment and remarks.
AMENDMENT
Applicant amends the identification of services as shown below where deletions are shown with strikethrough:
Providing amusement parks featuring water rides, water slides, body surfing pools, and swimming pools. (in Int’l Class 41
35);
Digital screenshot of Applicant's webpage displaying the proposed mark for the applied for services (in Int’l Class 44);
REMARKS
In the amendments above, Applicant adopts the Examining Attorney’s suggestions for the description of the services by amending the Class from 35 to 41 and deleting class 44 from the Application.
In view of the Examining Attorney’s provisional refusal of the above reference mark, Applicant notes that action on the above-referenced application may be suspended. Applicant hereby reserves the right to present arguments in opposition to the outstanding provisional refusal in the event that a refusal under Section 2(d) is later issued.
CONCLUSION
In view of the foregoing, Applicant respectfully submits that the issues raised in the outstanding Office Action have been addressed and that Applicant’s mark should now be suspended. If it would be helpful in expediting the prosecution of this application, the undersigned would welcome a telephone call at the number listed below at the Examining Attorney’s convenience.