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. 88409204 ABLE (Stylized and/or with Design, see http://uspto.report/TM/88409204/mark.png) has been amended as follows:

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

The Trademark Office cited Registration No. 4973534 for the mark ABLE with beer as a bar to registration of Applicant's mark under Trademark Act Section 2(d). The Trademark Office also cited Prior Pending Application No. 87824729 as a potential bar to registration. Applicant submits it has revised its identification of goods herein to "Prepared shakes; non-alcoholic beverages, namely, almond milk, shakes and protein shakes." Applicant respectfully submits that this revised identification no longer has any potential overlap with the goods in the cited registration and cited application. As a result, Applicant respectfully requests the Examining Attorney withdraw the 2(d) refusal and prior pending application as potential issues for the registration of Applicant's mark.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 032 for Nonalcoholic beverages; prepared shakes

Applicant hereby adds the following class of goods/services to the application:
New: Class 029 (Original Class: 032 ) for Prepared shakes; non-alcoholic beverages, namely, almond milk, shakes and protein shakes
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: John Pickerill. John Pickerill of FREDRIKSON & BYRON, P.A., is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      US

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com

The applicants proposed attorney information: John Pickerill. John Pickerill of FREDRIKSON & BYRON, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      United States

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com

John Pickerill 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: JOHN PICKERILL. JOHN PICKERILL of FREDRIKSON & BYRON, P.A., is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      US

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com; wmunt@fredlaw.com

The applicants proposed correspondence information: John Pickerill. John Pickerill of FREDRIKSON & BYRON, P.A., is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      United States

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com; wmunt@fredlaw.com

SIGNATURE(S)
Response Signature
Signature: /John Pickerill/     Date: 01/16/2020
Signatory's Name: John Pickerill
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 6124927306

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:    JOHN PICKERILL
   FREDRIKSON & BYRON, P.A.
   
   200 SOUTH 6TH STREET, SUITE 4000
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    John Pickerill
   FREDRIKSON & BYRON, P.A.
   200 SOUTH 6TH STREET, SUITE 4000
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88409204
Internet Transmission Date: Thu Jan 16 14:19:02 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020011614190228
8005-88409204-7007f9148c1ecf193b3509d4d6
9fb29cd127e7f36b1a4ad78a2a0dbe2dc9470d2-
N/A-N/A-20200116141656509156