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)

---

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. 88272972 HO2(Standard Characters, see http://uspto.report/TM/88272972/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 011 for shower heads, shower head filters, filtered shower heads, in-line shower heads, and hand-held shower heads with built-in filters
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.

In International Class 011, the mark was first used at least as early as 01/01/2011 and first used in commerce at least as early as 01/15/2011 .

Proposed: Class 011 for shower heads, shower head filters, filtered shower heads, in-line shower heads, and hand-held shower heads with built-in filters
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.

In International Class 011, the mark was first used at least as early as 01/01/2011 . and first used in commerce at least as early as 01/15/2011 .

Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of product packaging bearing the subject mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The applicant hereby appoints Mark B. Garred. Other appointed attorneys are all attorneys with the law firm Stetina Brunda Garred & Brucker. Mark B. Garred 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
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is SPRIT-089T.

The phone number is 949-855-1246.

The email address is mgarred@stetinalaw.com

Mark B. Garred 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: . , is located at

      
      ,

The applicants proposed correspondence information: Mark B. Garred. Mark B. Garred of Stetina Brunda Garred & Brucker, is located at

      75 Enterprise, Suite 250
      Aliso Viejo, California 92656
      United States
The docket/reference number is SPRIT-089T.

The phone number is 949-855-1246.

The email address is mgarred@stetinalaw.com; alevine@stetinalaw.com

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_98189038-180250943_._Substitue_Declaration.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: David Farley
Signatory's Position: CEO
Signatory's Phone Number: 9498551246


Response Signature
Signature: /mbg/     Date: 10/17/2019
Signatory's Name: Mark B. Garred
Signatory's Position: Attorney of Record, Member CA Bar

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:    
   
   
   
   ,
Mailing Address:    Mark B. Garred
   Stetina Brunda Garred & Brucker
   75 Enterprise, Suite 250
   Aliso Viejo, California 92656
        
Serial Number: 88272972
Internet Transmission Date: Thu Oct 17 18:45:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201910171845169781
63-88272972-610b55aba38c7b4451e8af15591f
084096316ae7d150484b95cecd462da0de671b-N
/A-N/A-20191017180250943226