Response to Office Action

BRING IT

OnMyWhey, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88299702
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK http://uspto.report/TM/88299702/mark.png
LITERAL ELEMENT BRING IT
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 021
DESCRIPTION
Funnels; Scoops; Household containers; Portable household containers with keychains; Bottles, sold empty
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/17/2017
        FIRST USE IN COMMERCE DATE At least as early as 09/17/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 021
TRACKED TEXT DESCRIPTION
Funnels; Scoops; scoops for household purposes; Household containers; household containers for foods and supplements; Portable household containers with keychains; All purpose portable household containers and attached keychains sold as a unit; Bottles, sold empty
FINAL DESCRIPTION
Funnels; scoops for household purposes; household containers for foods and supplements; All purpose portable household containers and attached keychains sold as a unit
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/17/2017
       FIRST USE IN COMMERCE DATE At least as early as 09/17/2017
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant thanks Examiner for the time and insights provided during a discussion about this office action. Applicant respectfully submits that the goods and/or services have been amended to remove "bottles, sold empty" in accordance with the discussion with the Examiner to overcome the Section 2(d) refusal. Applicant respectfully submits that the goods and/or services have been amended in accordance with the Examiner's suggestions based on the Identification of Goods Amendment requirement.
SIGNATURE SECTION
RESPONSE SIGNATURE /Kayvon R. Pourmirzaie/
SIGNATORY'S NAME Kayvon R. Pourmirzaie
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 2486493333
DATE SIGNED 05/09/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu May 09 14:48:34 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.X-201
90509144834619455-8829970
2-6205d15605ed167f215fef6
a94381580eca9db9b499b6514
48709adb18ccd3b7-N/A-N/A-
20190509143818765054



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. 88299702 BRING IT(Standard Characters, see http://uspto.report/TM/88299702/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 Funnels; Scoops; Household containers; Portable household containers with keychains; Bottles, sold empty
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/17/2017 and first used in commerce at least as early as 09/17/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Funnels; Scoops; scoops for household purposes; Household containers; household containers for foods and supplements; Portable household containers with keychains; All purpose portable household containers and attached keychains sold as a unit; Bottles, sold emptyClass 021 for Funnels; scoops for household purposes; household containers for foods and supplements; All purpose portable household containers and attached keychains sold as a unit
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/17/2017 and first used in commerce at least as early as 09/17/2017 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant thanks Examiner for the time and insights provided during a discussion about this office action. Applicant respectfully submits that the goods and/or services have been amended to remove "bottles, sold empty" in accordance with the discussion with the Examiner to overcome the Section 2(d) refusal. Applicant respectfully submits that the goods and/or services have been amended in accordance with the Examiner's suggestions based on the Identification of Goods Amendment requirement.


SIGNATURE(S)
Response Signature
Signature: /Kayvon R. Pourmirzaie/     Date: 05/09/2019
Signatory's Name: Kayvon R. Pourmirzaie
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 2486493333

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88299702
Internet Transmission Date: Thu May 09 14:48:34 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201905091448346194
55-88299702-6205d15605ed167f215fef6a9438
1580eca9db9b499b651448709adb18ccd3b7-N/A
-N/A-20190509143818765054



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