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. 88404985 RAINTREE(Standard Characters, see http://uspto.report/TM/88404985/mark.png) has been amended as follows:

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

Office action dated July 8, 2019 determined that the initial application suffered from multiple defects including in identification, attempting to qualify for multiple classes, inadequate specimens, and (therefore) failing to qualify under TEAS Plus. The applicant acquiesces to the majority of the Offices determinations and proposes the following. A. Identification under Multiple classes: Applicant amends the application to substitute the following wording: Class 3 -- Personal care products derived from botanical preparations, namely, face and body ointment; Class 5 -- Dietary supplements in the form of capsules; Dietary supplements in the form of liquid; Dietary supplements in the form of powder; B. Specimens In lieu of images of the website, the applicant also corrects herein the defect in the specimen by providing examples of the applied for mark in use in commerce for each international class of goods identified in the amendment. C. Dates and filing fee Likewise, the amendment is submitted with the additional $125 per class as directed and the dates of first use are stated for each international class of goods identified.

EVIDENCE
Evidence in the nature of Attached is replacement specimen for the amended Class 5 showing the use of the mark on dietary supplement goods. has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby adds the following class of goods/services to the application:
New: Class 003 for Personal care products derived from botanical preparations, namely, face and body ointment;
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 06/01/1996 and first used in commerce at least as early as 06/01/1996 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 003 . The specimen(s) submitted consists of Photograph of the face/skin ointment as distributed. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The applicant's current attorney information: Andrew Platt. Andrew Platt, is located at

      1746 W HORIZON RIDGE PARKWAY
      1746 W HORIZON RIDGE PARKWAY
      HENDERSON, Nevada 89012
      US

The phone number is 702-534-1560.

The email address is andrew.platt@ls.legal

The applicants proposed attorney information: Andrew Platt. Andrew Platt, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1746 W HORIZON RIDGE PARKWAY
      1746 W HORIZON RIDGE PARKWAY
      HENDERSON, Nevada 89012
      United States

The phone number is 702-534-1560.

The fax number is 725-696-0590.

The email address is andrew.platt@ls.legal

Andrew Platt 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: ANDREW PLATT. ANDREW PLATT, is located at

      1746 W HORIZON RIDGE PARKWAY
      1746 W HORIZON RIDGE PARKWAY
      HENDERSON, Nevada 89012
      US

The phone number is 702-534-1560.

The email address is andrew.platt@ls.legal

The applicants proposed correspondence information: Andrew Platt. Andrew Platt, is located at

      1746 W HORIZON RIDGE PARKWAY
      1746 W HORIZON RIDGE PARKWAY
      HENDERSON, Nevada 89012
      United States

The phone number is 702-534-1560.

The fax number is 725-696-0590.

The email address is andrew.platt@ls.legal

FEE(S)
Fee(s) in the amount of $525 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Andrew B. Platt/      Date: 01/08/2020
Signatory's Name: Andrew B. Platt
Signatory's Position: Attorney ofrecord
Signatory's Phone Number: 7256960500


Response Signature
Signature: /Andrew B. Platt/     Date: 01/08/2020
Signatory's Name: Andrew B. Platt
Signatory's Position: Attorney of record

Signatory's Phone Number: 7256960500

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:    ANDREW PLATT
   
   1746 W HORIZON RIDGE PARKWAY
   1746 W HORIZON RIDGE PARKWAY
   HENDERSON, Nevada 89012
Mailing Address:    Andrew Platt
   1746 W HORIZON RIDGE PARKWAY
   1746 W HORIZON RIDGE PARKWAY
   HENDERSON, Nevada 89012
        
RAM Sale Number: 88404985
RAM Accounting Date: 01/08/2020
        
Serial Number: 88404985
Internet Transmission Date: Wed Jan 08 15:45:45 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200108154545640585-88404985-
700b09473214a95b16aca56abb3a3d67cef88faa
74c7d6d01a506e12b1185f5245-CC-45448575-2
0200108150312746049