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. 88437877 OXYPLUS SYSTEM(Standard Characters, see http://uspto.report/TM/88437877/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 011 for Water treatment equipment and system to restore lakes, harbors, and waterways consisting of a marine vessel containing an onboard water treatment system which utilizes redundant oxidizers to reduce or eliminate bacteria, e-coli and viruses and improve the water clarity
Original Filing Basis:
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 01/01/1999 and first used in commerce at least as early as 01/01/1999 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Water treatment equipment and system to restore lakes, harbors, and waterways consisting of a marine vessel containing an onboard water treatment system which utilizes redundant oxidizers to reduce or eliminate bacteria, e-coli and viruses and improve the water clarity; Water treatment equipment, namely, oxidizers and system, namely, oxidizers to reduce or eliminate bacteria, e-coli and viruses and improve the water clarity to restore lakes, harbors, and waterwaysClass 011 for Water treatment equipment, namely, oxidizers and system, namely, oxidizers to reduce or eliminate bacteria, e-coli and viruses and improve the water clarity to restore lakes, harbors, and waterways
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 01/01/1999 and first used in commerce at least as early as 01/01/1999 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of mark as shown in connection with goods .
"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].
Original PDF file:
SPU0-708998137-20191216145142966298_._6950-05-specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 012 for Marine vessel, namely, a boat featuring water treatment equipment and onboard water treatment system that utilizes redundant oxidizers to reduce or eliminate bacteria, e-coli and viruses and improve the water clarity to restore lakes, harbors, and waterways
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 01/01/1999 and first used in commerce at least as early as 01/01/1999 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 012 . The specimen(s) submitted consists of mark as used in connection with goods .
"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].
Original PDF file:
SPN0-708998137-20191216145142966298_._6950-05-specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Robert C. Kain. Robert C. Kain of KAIN SPIELMAN, P.A., is located at

      900 S.E. THIRD AVENUE, SUITE 205
      FORT LAUDERDALE, Florida 33316
      US
The docket/reference number is 6950-05.

The phone number is 954-768-9002.

The email address is office@complexip.com

The applicants proposed attorney information: Robert C. Kain. Other appointed attorneys are Darren Spielman. Robert C. Kain of KAIN SPIELMAN, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      900 S.E. THIRD AVENUE, SUITE 205
      FORT LAUDERDALE, Florida 33316
      United States
The docket/reference number is 6950-05.

The email address is office@complexip.com

Robert C. Kain 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: ROBERT C. KAIN. ROBERT C. KAIN of KAIN SPIELMAN, P.A., is located at

      900 S.E. THIRD AVENUE, SUITE 205
      FORT LAUDERDALE, Florida 33316
      US
The docket/reference number is 6950-05.

The phone number is 954-768-9002.

The email address is office@complexip.com; dspielman@complexip.com

The applicants proposed correspondence information: Robert C. Kain. Robert C. Kain of KAIN SPIELMAN, P.A., is located at

      900 S.E. THIRD AVENUE, SUITE 205
      FORT LAUDERDALE, Florida 33316
      United States
The docket/reference number is 6950-05.

The email address is office@complexip.com; dspielman@complexip.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SYSTEM apart from the mark as shown.


Miscellaneous Statement


Original PDF file:
mis-708998137-20191216145142966298_._6950-01-_Response_to_OA.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2

FEE(S)
Fee(s) in the amount of $275 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: /Sophie Mastriano/      Date: 12/16/2019
Signatory's Name: Sophie Mastriano
Signatory's Position: President

Response Signature
Signature: /Robert Kain/     Date: 12/16/2019
Signatory's Name: Robert Kain
Signatory's Position: Attorney

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:    ROBERT C. KAIN
   KAIN SPIELMAN, P.A.
   
   900 S.E. THIRD AVENUE, SUITE 205
   FORT LAUDERDALE, Florida 33316
Mailing Address:    Robert C. Kain
   KAIN SPIELMAN, P.A.
   900 S.E. THIRD AVENUE, SUITE 205
   FORT LAUDERDALE, Florida 33316
        
RAM Sale Number: 88437877
RAM Accounting Date: 12/16/2019
        
Serial Number: 88437877
Internet Transmission Date: Mon Dec 16 15:44:07 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191216154407380
284-88437877-70038a64f34927181eba6b9c2fe
079fcd1508688805ff5d8466670b68b3a0721c-C
C-44050093-20191216145142966298