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. 88403959 BLOODSHOT(Standard Characters, see http://uspto.report/TM/88403959/mark.png) has been amended as follows:

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

Applicant respectfully requests that the refusal to register the application with respect to certain goods be withdrawn because the documentation required to maintain the registration on which the refusal is based, Reg. No. 4381072, was not timely filed with the USPTO. If contrary to the online USPTO records currently available the documentation was filed and the cited registration remains valid, then applicant preserves its right to present arguments to address the refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Non-alcoholic beverages; soft drinks; juice; water; beer
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: Non-alcoholic beverages; Non-alcoholic beverages, namely, soft drinks, energy drinks; soft drinks; non-alcoholic beverages containing fruit and vegetables; juice; fruit and vegetable juice; water; drinking water; beer; bottled water; beer.Class 032 for Non-alcoholic beverages, namely, soft drinks, energy drinks; non-alcoholic beverages containing fruit and vegetables; fruit and vegetable juice; drinking water; bottled water; beer.
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: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, THIRD FLOOR
      NEW YORK, New York 10003
      US

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com

The applicants proposed attorney information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      235 PARK AVENUE SOUTH, THIRD FLOOR
      NEW YORK, New York 10003
      United States

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com

Nancy Zoubek 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: NANCY ZOUBEK. NANCY ZOUBEK of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, THIRD FLOOR
      NEW YORK, New York 10003
      US

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com; trademark@rlfllp.com

The applicants proposed correspondence information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, THIRD FLOOR
      NEW YORK, New York 10003
      United States

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com; trademark@rlfllp.com

SIGNATURE(S)
Response Signature
Signature: /nancy zoubek/     Date: 01/13/2020
Signatory's Name: Nancy Zoubek
Signatory's Position: Attorney of Record, New York

Signatory's Phone Number: 212-448-1800

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:    NANCY ZOUBEK
   RITHOLZ LEVY FIELDS LLP
   
   235 PARK AVENUE SOUTH, THIRD FLOOR
   NEW YORK, New York 10003
Mailing Address:    Nancy Zoubek
   RITHOLZ LEVY FIELDS LLP
   235 PARK AVENUE SOUTH, THIRD FLOOR
   NEW YORK, New York 10003
        
Serial Number: 88403959
Internet Transmission Date: Mon Jan 13 18:26:35 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200113182635
107891-88403959-70099646dcb2f71934a455c5
053b947422d801784a1f4b423d7aff3d1faccc6b
deb-N/A-N/A-20200113180257187818