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. 88356725 SMILE DIRECT CLUB (Stylized and/or with Design, see http://uspto.report/TM/88356725/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 035 for Retail outlets featuring dental impression kits, orthodontic and dental supplies, giftware and access to licensed dental professionals; online retail store services featuring dental impression kits, orthodontic and dental supplies, giftware, gift cards, and clothing and accessories
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/2016 and first used in commerce at least as early as 10/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail outlets featuring dental impression kits, orthodontic and dental supplies, giftware and access to licensed dental professionals; Retail outlets featuring dental impression kits, orthodontic and dental supplies, giftware, and also coordinating treatment by licensed dental professionals through teledentistry; online retail store services featuring dental impression kits, orthodontic and dental supplies, giftware, gift cards, and clothing and accessoriesClass 035 for Retail outlets featuring dental impression kits, orthodontic and dental supplies, giftware, and also coordinating treatment by licensed dental professionals through teledentistry; online retail store services featuring dental impression kits, orthodontic and dental supplies, giftware, gift cards, and clothing and accessories
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/2016 and first used in commerce at least as early as 10/00/2016 , and is now in use in such commerce.
The applicant's current attorney information: Jami A. Gekas. Jami A. Gekas of FOLEY & LARDNER LLP, is located at

      SUITE 2800
      321 NORTH CLARK STREET
      CHICAGO, Illinois 60654-5313
      US
The docket/reference number is 116515-5024.

The phone number is 312-832-4500.

The fax number is 312 832-4700.

The email address is ipdocketing@foley.com

The applicants proposed attorney information: Jami A. Gekas. Jami A. Gekas of FOLEY & LARDNER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2800
      321 NORTH CLARK STREET
      CHICAGO, Illinois 60654-5313
      United States
The docket/reference number is 116515-5024.

The phone number is 312-832-4500.

The fax number is 312 832-4700.

The email address is ipdocketing@foley.com

Jami A. Gekas 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: JAMI A. GEKAS. JAMI A. GEKAS of FOLEY & LARDNER LLP, is located at

      SUITE 2800
      321 NORTH CLARK STREET
      CHICAGO, Illinois 60654-5313
      US
The docket/reference number is 116515-5024.

The phone number is 312-832-4500.

The fax number is 312 832-4700.

The email address is ipdocketing@foley.com; jgekas@foley.com; lvalenti-jordan@foley.com; jrodriguez@foley.com; smunoz@foley.com

The applicants proposed correspondence information: Jami A. Gekas. Jami A. Gekas of FOLEY & LARDNER LLP, is located at

      SUITE 2800
      321 NORTH CLARK STREET
      CHICAGO, Illinois 60654-5313
      United States
The docket/reference number is 116515-5024.

The phone number is 312-832-4500.

The fax number is 312 832-4700.

The email address is ipdocketing@foley.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant's response to the disclaimer request is attached.

Original PDF file:
mis-20487401-20191207131519236954_._SMILE_DIRECT_CLUB_logo_mark_OA_response_88356725._Final.pdf
Converted PDF file(s) ( 12 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11
Miscellaneous File12
Original PDF file:
mis-20487401-20191207131519236954_._e_Action_Response_for_SMILE_DIRECT_CLUB_word_and_design_mark.pdf
Converted PDF file(s) ( 15 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11
Miscellaneous File12
Miscellaneous File13
Miscellaneous File14
Miscellaneous File15
Original PDF file:
mis-20487401-20191207131519236954_._esponse_for_SMILE_DIRECT_CLUB_Word___Design_Mark_in_Class_35.pdf
Converted PDF file(s) ( 25 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11
Miscellaneous File12
Miscellaneous File13
Miscellaneous File14
Miscellaneous File15
Miscellaneous File16
Miscellaneous File17
Miscellaneous File18
Miscellaneous File19
Miscellaneous File20
Miscellaneous File21
Miscellaneous File22
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Miscellaneous File24
Miscellaneous File25

SIGNATURE(S)
Response Signature
Signature: /AJ Schumacher/     Date: 12/07/2019
Signatory's Name: AJ Schumacher
Signatory's Position: Associate Attorney, Foley & Lardner LLP, IL and WI bar member

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:    JAMI A. GEKAS
   FOLEY & LARDNER LLP
   SUITE 2800
   321 NORTH CLARK STREET
   CHICAGO, Illinois 60654-5313
Mailing Address:    Jami A. Gekas
   FOLEY & LARDNER LLP
   SUITE 2800
   321 NORTH CLARK STREET
   CHICAGO, Illinois 60654-5313
        
Serial Number: 88356725
Internet Transmission Date: Sat Dec 07 13:24:50 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-201912071324503578
50-88356725-7006be68f9eac8ad288185c1efbb
c35c5237f12a1eef37492c4e210b7f634b20-N/A
-N/A-20191207131519236954