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. 88322616 TWIST(Standard Characters, see http://uspto.report/TM/88322616/mark.png) has been amended as follows:

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

Please see actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of actual argument text and corresponding Exhibits has been attached.
Original PDF file:
evi_68375234-20191108184819895584_._TWIST_-_Response.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_68375234-20191108184819895584_._EXHIBIT_A_-_TWIST.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_68375234-20191108184819895584_._EXHIBIT_B_-_TWIST.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_68375234-20191108184819895584_._EXHIBIT_C_-_TWIST.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.

Original PDF file:
e2f-50253243169-155341560_._TWIST_-_OwnerDec1.pdf
Converted PDF file(s) ( 2 pages)
2(f) evidence-1
2(f) evidence-2
Original PDF file:
e2f-50253243169-155341560_._TWIST_-_Marketing_Exhibit_A.pdf
Converted PDF file(s) ( 15 pages)
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
2(f) evidence-4
2(f) evidence-5
2(f) evidence-6
2(f) evidence-7
2(f) evidence-8
2(f) evidence-9
2(f) evidence-10
2(f) evidence-11
2(f) evidence-12
2(f) evidence-13
2(f) evidence-14
2(f) evidence-15

Miscellaneous Statement
The Examiner has requested information as to whether "TWIST" has any meaning or significance in the industry in which the goods are provided or whether it is a term of art. The answer is that Applicant does not believe this to be the case. In fact, there are other uses of this term in Applicant's industry, but to Applicant's knowledge, these are infringing and/or counterfeit products that Applicant is currently in the midst of addressing. Applicant's TWIST battery products are so highly successful that they are heavily imitated. In fact, this is Applicant's best-selling product to date, and Applicant is a company that was recently listed No. 58 in the annual Inc. 5000 list, the most prestigious ranking of the nation's fastest growing private companies. The Examiner further asks whether Applicant's goods include a "twist" or other feature which functions as a twist, i.e., does the battery twist into the USB portion of the battery charger or use a twisting motion in order to function? The answer to these questions is that yes, one can turn the charging mechanism. However, this does not render the term merely descriptive, especially given that TWIST has so many meanings. It can mean to turn, to form into a distorted shape, a dance, to move in a writhing fashion, to wind around something, to interlace, an unexpected development, something with a spiral shape, or any other number of meanings.


SIGNATURE(S)
Response Signature
Signature: /Anessa Kramer/     Date: 11/08/2019
Signatory's Name: Anessa O. Kramer
Signatory's Position: Attorney of Record, Michigan bar member

Signatory's Phone Number: 248-566-8406

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.

        
Serial Number: 88322616
Internet Transmission Date: Fri Nov 08 21:01:13 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201911082101137316
87-88322616-700a4132fe9a2fd3dfb993bbdcef
22815c32d3b01e9cd3476baaf1dd94d15a8665-N
/A-N/A-20191108184819895584