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. 88344469 GIMME GUMMIES(Standard Characters, see http://uspto.report/TM/88344469/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 028 for Egg or ball shaped plastic toys; egg or ball shaped plastic capsules containing sweets; egg or ball shaped plastic capsules containing toys; egg or ball shaped plastic capsules containing sweets and toys
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Egg or ball shaped plastic toys; egg or ball shaped plastic capsules containing sweets; toys in the nature of egg or ball shaped plastic capsules, also containing sweets; egg or ball shaped plastic capsules containing toys; toy egg or ball shaped plastic capsules containing smaller toys; egg or ball shaped plastic capsules containing sweets and toys; toy egg or ball shaped plastic capsules, and also containing sweets and toysClass 028 for Egg or ball shaped plastic toys; toys in the nature of egg or ball shaped plastic capsules, also containing sweets; toy egg or ball shaped plastic capsules containing smaller toys; toy egg or ball shaped plastic capsules, and also containing sweets and toys
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Sweetmeats; candy; gum sweets; fruit gums, not for medical purposes
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Sweetmeats; candy; gum sweets; fruit gums, not for medical purposes; fruit chewing gums, not for medical purposesClass 030 for Sweetmeats; candy; gum sweets; fruit chewing gums, not for medical purposes
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: Alicia Morris Groos. Alicia Morris Groos of NORTON ROSE FULBRIGHT US LLP, is located at

      98 SAN JACINTO BOULEVARD, SUITE 1100
      AUSTIN, Texas 78701
      US
The docket/reference number is NRAU.T0139US.

The phone number is 512-474-5201.

The fax number is 512-536-4598.

The email address is aoipdocket@nortonrosefulbright.com

The applicants proposed attorney information: Alicia Morris Groos. Other appointed attorneys are Alicia Morris Groos, Michael S. Metteauer, Christopher Weimer, Andrea Shannon, Katherine Klammer Madianos, Stephanie Schmidt, and any other attorneys with the law firm. Alicia Morris Groos of NORTON ROSE FULBRIGHT US 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

      98 SAN JACINTO BOULEVARD, SUITE 1100
      AUSTIN, Texas 78701
      United States
The docket/reference number is NRAU.T0139US.

The phone number is 512-474-5201.

The fax number is 512-536-4598.

The email address is aoipdocket@nortonrosefulbright.com

Alicia Morris Groos 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: ALICIA MORRIS GROOS. ALICIA MORRIS GROOS of NORTON ROSE FULBRIGHT US LLP, is located at

      98 SAN JACINTO BOULEVARD, SUITE 1100
      AUSTIN, Texas 78701
      US
The docket/reference number is NRAU.T0139US.

The phone number is 512-474-5201.

The fax number is 512-536-4598.

The email address is aoipdocket@nortonrosefulbright.com; alicia.groos@nortonrosefulbright.com; stephanie.schmidt@nortonrosefulbright.com; mary.murchison@nortonrosefulbright.com

The applicants proposed correspondence information: Alicia Morris Groos. Alicia Morris Groos of NORTON ROSE FULBRIGHT US LLP, is located at

      98 SAN JACINTO BOULEVARD, SUITE 1100
      AUSTIN, Texas 78701
      United States
The docket/reference number is NRAU.T0139US.

The phone number is 512-474-5201.

The fax number is 512-536-4598.

The email address is aoipdocket@nortonrosefulbright.com; alicia.groos@nortonrosefulbright.com; stephanie.schmidt@nortonrosefulbright.com; mary.murchison@nortonrosefulbright.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use GUMMIES apart from the mark as shown.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_3812249122-130243733_._DECLARATION_SIGNED.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Kenneth Henderson
Signatory's Position: Director
Signatory's Phone Number: 61298474420


Response Signature
Signature: /Alicia Morris Groos/     Date: 08/22/2019
Signatory's Name: Alicia Morris Groos
Signatory's Position: Attorney of Record, Texas Bar member

Signatory's Phone Number: 512-536-3091

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:    ALICIA MORRIS GROOS
   NORTON ROSE FULBRIGHT US LLP
   
   98 SAN JACINTO BOULEVARD, SUITE 1100
   AUSTIN, Texas 78701
Mailing Address:    Alicia Morris Groos
   NORTON ROSE FULBRIGHT US LLP
   98 SAN JACINTO BOULEVARD, SUITE 1100
   AUSTIN, Texas 78701
        
Serial Number: 88344469
Internet Transmission Date: Thu Aug 22 14:45:15 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019082214451552
9611-88344469-6104bce2d2036e818e3aa7499e
2ac820f1b91d4b2574643e2385742a9c5edb36e1
-N/A-N/A-20190822130243733495