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. 88307494 VORTEX WATER(Standard Characters, see http://uspto.report/TM/88307494/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please find attached pictures showing Trademark in use as well as an Invoice and Bill of Lading to that affect. The mark is the Product being sold by the Company and represents only this one class of product being sold by the company. Here is the link to our Company website for the water: www.vortexcdbwater.com Lastly, please find attached pictures representing the: 1. Bottle with label 2. Case of bottles 3. Pallet being delivered. 4. Invoice for such products. 5. Bill of Landing for such products.

EVIDENCE
Evidence in the nature of 1. Bottle with label 2. Case of bottles 3. Pallet being delivered. 4. Invoice for such products. 5. Bill of Landing for such products. 6. Marketing Material. has been attached.
JPG file(s):
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_260017021020ab5044d65db0d9d9a993-20191101155957967612_._REV._NuTech_Medical__Inc..pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_260017021020ab5044d65db0d9d9a993-20191101155957967612_._Vortex_Water.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_260017021020ab5044d65db0d9d9a993-20191101155957967612_._BOL15056909-1.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

ADDITIONAL STATEMENTS
Miscellaneous Statement
We have no issue with the following disclaimer: "No claim is made to the exclusive right to use "WATER" apart from the mark as shown. "


SIGNATURE(S)
Response Signature
Signature: /Alex G. McKean/     Date: 11/01/2019
Signatory's Name: Alex McKean
Signatory's Position: CFO

Signatory's Phone Number: 3106999937

Response Signature
Signature: /Timothy J. Owens/     Date: 11/01/2019
Signatory's Name: Timothy Owens
Signatory's Position: CEO

Signatory's Phone Number: 8057608274

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88307494
Internet Transmission Date: Fri Nov 01 16:48:54 EDT 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191101164854142481-88307494-
7004c2bca5d8df0d86073b76763ee80ff6e1404f
1df7e02ff60c12ea61977b4-N/A-N/A-20191101
155957967612