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. 88350889 ALL9 AMINO FIZZ(Standard Characters, see http://uspto.report/TM/88350889/mark.png) has been amended as follows:

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



EVIDENCE
Evidence in the nature of argument against descriptiveness refusal has been attached.
Original PDF file:
evi_637747130-20191119143126171703_._Argument_FIZZ.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Sports drinks enhanced with protein
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: Sports drinks enhanced with protein; Sports drinks enhanced with amino acidsClass 032 for Sports drinks enhanced with amino acids
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: Thomas A. Polcyn. Thomas A. Polcyn of THOMPSON COBURN LLP, is located at

      ONE US BANK PLAZA
      ST. LOUIS, Missouri 63101
      US
The docket/reference number is 60474-185978.

The phone number is 314-552-6000 x6331.

The fax number is 314-667-3633.

The email address is ipdocket@thompsoncoburn.com

The applicants proposed attorney information: Thomas A. Polcyn. Other appointed attorneys are Hadi S. Al-Shathir, Robyn H. Ast-Gmoser, Thaddeus J. Blenke, Anthony F. Blum, Matthew A. Braunel, Katherine E. Colvin, Matthew R. Davis, Jeffrey S. Dixon, Charles H. Fendell, Nathan C. Fonda, Dean L. Franklin, Steven E. Garlock, Matthew J. Himich, William A. Holtz, David B. Jinkins, Kevin M. Kercher, Sartouk H. Moussavi, Justin P. Mulligan, Jonathan G. Musch, Shoko Naruo, Michael L. Nepple, Alan H. Norman, Michael A. Parks, Steven M. Ritchey, Mark Sableman, Bradley H. Thomas, Jennifer A. Visintine, Benjamin L. Volk, Alex D. Weidner. Thomas A. Polcyn of THOMPSON COBURN 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

      ONE US BANK PLAZA
      ST. LOUIS, Missouri 63101
      United States
The docket/reference number is 60474-185978.

The phone number is 314-552-6000 x6331.

The fax number is 314-667-3633.

The email address is ipdocket@thompsoncoburn.com

Thomas A. Polcyn 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: THOMAS A. POLCYN. THOMAS A. POLCYN of THOMPSON COBURN LLP, is located at

      ONE US BANK PLAZA
      ST. LOUIS, Missouri 63101
      US
The docket/reference number is 60474-185978.

The phone number is 314-552-6000 x6331.

The fax number is 314-667-3633.

The email address is ipdocket@thompsoncoburn.com

The applicants proposed correspondence information: Thomas A. Polcyn. Thomas A. Polcyn of THOMPSON COBURN LLP, is located at

      ONE US BANK PLAZA
      ST. LOUIS, Missouri 63101
      United States
The docket/reference number is 60474-185978.

The phone number is 314-552-6000 x6331.

The fax number is 314-667-3633.

The email address is ipdocket@thompsoncoburn.com

SIGNATURE(S)
Response Signature
Signature: /Shoko Naruo/     Date: 11/19/2019
Signatory's Name: Shoko Naruo
Signatory's Position: Attorney of Record, Missouri bar member

Signatory's Phone Number: 314-552-6000

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:    THOMAS A. POLCYN
   THOMPSON COBURN LLP
   
   ONE US BANK PLAZA
   ST. LOUIS, Missouri 63101
Mailing Address:    Thomas A. Polcyn
   THOMPSON COBURN LLP
   ONE US BANK PLAZA
   ST. LOUIS, Missouri 63101
        
Serial Number: 88350889
Internet Transmission Date: Tue Nov 19 14:49:16 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191119144916129
214-88350889-7008a6cdbff55849d92b4b192df
5738170b422fe956f852bde9a071e3592e42-N/A
-N/A-20191119144831438721