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. 88414145 BLUEDOT (Stylized and/or with Design, see http://uspto.report/TM/88414145/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section; a Declaration under 37 CFR 2.20 signed by Applicant's representative and relating to common ownership of present application and select applications cited by Examining Attorney is also attached herewith.

EVIDENCE
Evidence in the nature of Applicant's substantive arguments in Response to the Office Action; Applicant's signed Declaration under 37 CFR 2.20. has been attached.
Original PDF file:
evi_17471230253-20200122145515697913_._LUEDOT_WHALE_LOGO_-_RESPONSE_TO_OFFICE_ACTION_-_BLUDOT.0006T.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_17471230253-20200122145515697913_._ION_UNDER_37_CFR_2.20_App_No_88414145_BLUEDOT_-_BLUDOT.0006T.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Equipment for filtering, treating, conditioning and softening water, namely, point of use filtration units, drinking water filtration units, reverse osmosis filtration units; point of entry filtration, treatment, conditioning and softening equipment, namely, whole home water filtration and conditioning units, pre-sediment water softening units, and units that remove iron, manganese and hydrogen sulfide from water, and pH balancing units
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: Equipment for filtering, treating, conditioning and softening water, namely, point of use filtration units, drinking water filtration units, reverse osmosis filtration units; Equipment for filtering, treating, conditioning and softening water, namely, point of use water filtration units, drinking water filtration units, reverse osmosis water filtration units; point of entry filtration, treatment, conditioning and softening equipment, namely, whole home water filtration and conditioning units, pre-sediment water softening units, and units that remove iron, manganese and hydrogen sulfide from water, and pH balancing units; point of entry water filtration, treatment, conditioning and softening equipment, namely, whole home water filtration and conditioning units, pre-sediment water softening units, and units that remove iron, manganese and hydrogen sulfide from water, and pH balancing unitsClass 011 for Equipment for filtering, treating, conditioning and softening water, namely, point of use water filtration units, drinking water filtration units, reverse osmosis water filtration units; point of entry water filtration, treatment, conditioning and softening equipment, namely, whole home water filtration and conditioning units, pre-sediment water softening units, and units that remove iron, manganese and hydrogen sulfide from water, and pH balancing units
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: A. Gregory Gibbs. A. Gregory Gibbs of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      US
The docket/reference number is BLUDOT.0006T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com

The applicants proposed attorney information: A. Gregory Gibbs. Other appointed attorneys are R. Scott Weide, Chad Miller. A. Gregory Gibbs of WEIDE & MILLER, LTD., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      United States
The docket/reference number is BLUDOT.0006T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com

A. Gregory Gibbs 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: A. GREGORY GIBBS. A. GREGORY GIBBS of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      US
The docket/reference number is BLUDOT.0006T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com; ggibbs@weidemiller.com

The applicants proposed correspondence information: A. Gregory Gibbs. A. Gregory Gibbs of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      United States
The docket/reference number is BLUDOT.0006T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com; ggibbs@weidemiller.com

SIGNATURE(S)
Response Signature
Signature: /A. Gregory Gibbs/     Date: 01/22/2020
Signatory's Name: A. Gregory Gibbs
Signatory's Position: Attorney of record, Nevada Bar member

Signatory's Phone Number: 702-382-4804

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:    A. GREGORY GIBBS
   WEIDE & MILLER, LTD.
   
   10655 PARK RUN DRIVE, SUITE 100
   LAS VEGAS, Nevada 89144
Mailing Address:    A. Gregory Gibbs
   WEIDE & MILLER, LTD.
   10655 PARK RUN DRIVE, SUITE 100
   LAS VEGAS, Nevada 89144
        
Serial Number: 88414145
Internet Transmission Date: Wed Jan 22 15:10:48 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202001221510487
98631-88414145-7001cef58175be4f8f848cc3d
0f492e9a6b090f9585198d35b024b69f55c5050-
N/A-N/A-20200122145515697913