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. 88291997 MOUTH OFF(Standard Characters, see http://uspto.report/TM/88291997/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 030 for Chewing gum; functional chewing gum
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: Chewing gum; functional chewing gum; functional chewing gum, namely, gum that dissolvesClass 030 for Chewing gum; functional chewing gum, namely, gum that dissolves
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: David D. Postolski. David D. Postolski of GEARHART LAW LLC, is located at

      41 RIVER ROAD INNOVATION PLAZA
      SUMMIT, New Jersey 07901
      US
The docket/reference number is 3208CV01TM1U.

The phone number is 908-273-0700.

The fax number is 9082730711.

The email address is David@gearhartlaw.com

The applicants proposed attorney information: David D. Postolski. David D. Postolski of GEARHART LAW LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      41 RIVER ROAD INNOVATION PLAZA
      SUMMIT, New Jersey 07901
      United States
The docket/reference number is 3208CV01TM1U.

The phone number is 908-273-0700.

The fax number is 9082730711.

The email address is David@gearhartlaw.com

David D. Postolski 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: DAVID D. POSTOLSKI. DAVID D. POSTOLSKI of GEARHART LAW LLC, is located at

      41 RIVER ROAD INNOVATION PLAZA
      SUMMIT, New Jersey 07901
      US
The docket/reference number is 3208CV01TM1U.

The phone number is 908-273-0700.

The fax number is 9082730711.

The email address is David@gearhartlaw.com; USTMDocket@gearhartlaw.com

The applicants proposed correspondence information: David D. Postolski. David D. Postolski of GEARHART LAW LLC, is located at

      41 RIVER ROAD INNOVATION PLAZA
      SUMMIT, New Jersey 07901
      United States
The docket/reference number is 3208CV01TM1U.

The phone number is 908-273-0700.

The fax number is 9082730711.

The email address is David@gearhartlaw.com; ustmdocket@gearhartlaw.com

SIGNATURE(S)
Response Signature
Signature: /David Postolski/     Date: 10/27/2019
Signatory's Name: David Postolski
Signatory's Position: Attorney of Record

Signatory's Phone Number: 9082730700

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:    DAVID D. POSTOLSKI
   GEARHART LAW LLC
   
   41 RIVER ROAD INNOVATION PLAZA
   SUMMIT, New Jersey 07901
Mailing Address:    David D. Postolski
   GEARHART LAW LLC
   41 RIVER ROAD INNOVATION PLAZA
   SUMMIT, New Jersey 07901
        
Serial Number: 88291997
Internet Transmission Date: Sun Oct 27 04:48:00 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019102704480032
8376-88291997-700ba122d9ec929e1c8cee8592
5fdaeff13777ba5058a0e73c3f3052ee692a4d54
-N/A-N/A-20191027044233523026