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. 88308895 SHAPE STABLE(Standard Characters, see http://uspto.report/TM/88308895/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Argument has been attached.
Original PDF file:
evi_21620015371-20191115101948778966_.__Change_-_SHAPE_STABLE_-_Response_to_5-15-2019_Office_Action.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Phase change material, namely, flexible, moldable, injectable, solid gel, that maintains its structure in any phase, state, form or temperature for use in thermal regulation of agriculture, consumer products, and transportation of food and medicine

Applicant hereby adds the following class of goods/services to the application:
New: Class 017 (Original Class: 009 ) for Phase change thermal energy management material, namely, flexible, moldable, injectable, solid organic, inorganic, or composite gel, that maintains its structure in any phase, state, form or temperature for use in thermal regulation of agriculture, consumer products, and transportation of food and medicine
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: Kimberly Bullock Gatling. Kimberly Bullock Gatling of FOX ROTHSCHILD LLP, is located at

      P.O. BOX 21927
      GREENSBORO, North Carolina 27420
      US
The docket/reference number is 271227.1US.

The phone number is 336-378-5200.

The fax number is 336 378 5400.

The email address is IPDocket@foxrothschild.com

The applicants proposed attorney information: Kimberly Bullock Gatling. Other appointed attorneys are Evan Kent Auberry; Thomas W. Epting; Natalma M. McKnew. Kimberly Bullock Gatling of FOX ROTHSCHILD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. BOX 21927
      GREENSBORO, North Carolina 27420
      United States
The docket/reference number is 271227.1US.

The phone number is 336-378-5200.

The fax number is 336 378 5400.

The email address is IPDocket@foxrothschild.com

Kimberly Bullock Gatling 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: KIMBERLY BULLOCK GATLING. KIMBERLY BULLOCK GATLING of FOX ROTHSCHILD LLP, is located at

      P.O. BOX 21927
      GREENSBORO, North Carolina 27420
      US
The docket/reference number is 271227.1US.

The phone number is 336-378-5200.

The fax number is 336 378 5400.

The email address is IPDocket@foxrothschild.com; kgatling@foxrothschild.com; lditto@foxrothschild.com

The applicants proposed correspondence information: Kimberly Bullock Gatling. Kimberly Bullock Gatling of FOX ROTHSCHILD LLP, is located at

      P.O. BOX 21927
      GREENSBORO, North Carolina 27420
      United States
The docket/reference number is 271227.1US.

The phone number is 336-378-5200.

The fax number is 336 378 5400.

The email address is IPDocket@foxrothschild.com; kgatling@foxrothschild.com; lditto@foxrothschild.com

SIGNATURE(S)
Response Signature
Signature: /Kim Gatling/     Date: 11/15/2019
Signatory's Name: Kimberly Bullock Gatling
Signatory's Position: Attorney of record, North Carolina Bar member

Signatory's Phone Number: 336 378 5200

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:    KIMBERLY BULLOCK GATLING
   FOX ROTHSCHILD LLP
   
   P.O. BOX 21927
   GREENSBORO, North Carolina 27420
Mailing Address:    Kimberly Bullock Gatling
   FOX ROTHSCHILD LLP
   P.O. BOX 21927
   GREENSBORO, North Carolina 27420
        
Serial Number: 88308895
Internet Transmission Date: Fri Nov 15 13:09:11 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201911151309114
37679-88308895-70066a148e57aa9167baa8cbb
b630d66a8951e8c67f2623fb87bc7cc78625e3cc
-N/A-N/A-20191115101948778966