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. 88337938 LION'S ROOT(Standard Characters, see http://uspto.report/TM/88337938/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 Arguments and Evidence in support thereof has been attached.
Original PDF file:
evi_1741614711-20191017154512215817_._Office_Action_Response_LION_S_ROOT.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_1741614711-20191017154512215817_._EX_A_-_Cision_Report_for_Lion_s_Root.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant responds to the request to amend the identification and the request for information about the goods as follows: ID Amendment Request Applicant notes that the present action requires an amendment to its goods description to specify whether its goods contain nabalus serpentaria, also apparently known as "Lion's Root," or not. However, given the lack of evidence that the phrase "Lion's Root" means anything to the consuming public, as more fully explained in the arguments, Applicant respectfully submits that this amendment is not required. Goods Information Requirement (1) The goods do not contain nabalus serpentaria also apparently known as "Lion's Root." (2) Copies of press releases and blog posts related to the introduction of the goods are attached. Also attached are photographs of packaging for the goods. (3) The nature of the goods are "Beverages made of tea; Beverages with a tea base; Tea; Tea-based beverages; Tea-based beverages also containing spices; Kombucha tea" for drinking. The goods are sold via retail channels direct to consumers and to bars, restaurants and like businesses for consumption on-premise.

JPG file(s):
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Original PDF file:
mis-1741614711-20191017154512215817_._Expo_West_Intro_Press_Release.pdf
Converted PDF file(s) ( 3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Original PDF file:
mis-1741614711-20191017154512215817_._1May19_Blog_Post.pdf
Converted PDF file(s) ( 4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4

SIGNATURE(S)
Response Signature
Signature: /SAZ/     Date: 10/17/2019
Signatory's Name: Steve Zemanick
Signatory's Position: Attorney of record, Colorado bar member

Signatory's Phone Number: 720.937.6599

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: 88337938
Internet Transmission Date: Thu Oct 17 16:06:56 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019101716065673
0635-88337938-610508296e7d343df4b513592d
ba480681d80a88299b8e0e7dc431ba46a70b875d
0-N/A-N/A-20191017154512215817