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. 88447584 EVERFIT(Standard Characters, see http://uspto.report/TM/88447584/mark.png) has been amended as follows:

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

The amended description of our trademark application submitted in this response identifies very specific and distinctive products as those identified in trademark with serial number 88305123; "Dark gray fabric lunch bag". We are confident that there's no chance of confusion between the brands as each will protect completely different products.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Containers for household or kitchen use, namely, bottles with internal agitators for mixing ingredients; Mixing cups, namely, shaker cups, sold empty; Containers for household or kitchen use, namely, bottles with non-electric internal agitators for mixing ingredients, for beverages, liquid foods, and/or powdered foods, sold empty; Containers for household or kitchen use, namely, interlocking plastic or glass containers with optional carrying handle, sold empty; Containers for household or kitchen use, namely, plastic, glass and stainless steel containers for use with beverages, liquid foods, dry and/or powdered foods, sold empty; Containers for household or kitchen use; Household containers for foods; Plastic storage containers for household or domestic use; Containers for personal household use for food, medications, vitamins and supplements, water and/or beverages, sold empty; Whisks, namely, agitators for mixing and blending food and drinks; Insulated water bottle holders in the nature of thermal insulated wrap for containers to keep the contents cold; Water bottle belts for running, hiking, biking; Plastic water bottle holders and attached carabiner clip sold as a unit
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/20/2019 and first used in commerce at least as early as 05/20/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Containers for household or kitchen use, namely, bottles with internal agitators for mixing ingredients; Mixing cups, namely, shaker cups, sold empty; Containers for household or kitchen use, namely, bottles with non-electric internal agitators for mixing ingredients, for beverages, liquid foods, and/or powdered foods, sold empty; Water bottles, sold empty; Containers for household or kitchen use, namely, interlocking plastic or glass containers with optional carrying handle, sold empty; plastic water bottles, sold empty; Containers for household or kitchen use, namely, plastic, glass and stainless steel containers for use with beverages, liquid foods, dry and/or powdered foods, sold empty; glass water bottles, sold empty; Containers for household or kitchen use; stainless steel bottles, cups or tumblers, sold empty; Household containers for foods; insulated water bottles; Plastic storage containers for household or domestic use; sold empty.; Containers for personal household use for food, medications, vitamins and supplements, water and/or beverages, sold empty; Whisks, namely, agitators for mixing and blending food and drinks; Insulated water bottle holders in the nature of thermal insulated wrap for containers to keep the contents cold; Water bottle belts for running, hiking, biking; Plastic water bottle holders and attached carabiner clip sold as a unitClass 021 for Containers for household or kitchen use, namely, bottles with internal agitators for mixing ingredients; Mixing cups, namely, shaker cups, sold empty; Water bottles, sold empty; plastic water bottles, sold empty; glass water bottles, sold empty; stainless steel bottles, cups or tumblers, sold empty; insulated water bottles; sold empty.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/20/2019 and first used in commerce at least as early as 05/20/2019 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Ellen Silvers/     Date: 09/06/2019
Signatory's Name: Ellen Silvers
Signatory's Position: Attorney of record

Signatory's Phone Number: 9548439253

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.

        
Serial Number: 88447584
Internet Transmission Date: Fri Sep 06 10:51:27 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190906105127
655220-88447584-6109eed6db4f282154057d3e
20a9e799ba36c1bc3ece4cac87604a1a5e744c4a
7-N/A-N/A-20190830094850512694