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. 88455021 AC (Stylized and/or with Design, see http://uspto.report/TM/88455021/mark.png) has been amended as follows:

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

The Examining Attorney refused Applicant's Mark based on a finding of likelihood of confusion with the mark (Reg. No. 4619128) (the "Cited Mark"). The owner of the Cited Mark is a related company to the Applicant and a consent agreement is included with this response. Based on the foregoing, Applicant respectfully submits that there is no likelihood of confusion between Applicant's Mark and the Cited Mark. Applicant has attached hereto a CONSENT AGREEMENT addressing the Section 2(d) citation. Applicant respectfully request that the Section 2(d) citation be withdrawn.

EVIDENCE
Evidence in the nature of CONSENT AGREEMENT has been attached.
Original PDF file:
evi_10418911190-20200116193129277119_._AC____Design_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Mineral water and aerated waters; Still water; Drinking water; Quinine water; Bottled drinking water; Aerated water; Lemon barley water; Orange barley water; Coconut water as a beverage; Table waters; Flavoured waters; Spring water; Glacial water; Aerated water (soda water); Mineral water (beverages); Flavoured mineral water; Carbonated mineral water; Aerated water; Seltzer water; Lithia water; Soda water; Aerated water (Preparations for making -); Vitamin enriched sparkling water (beverages); Purified drinking water; Nutritionally fortified water; Distilled drinking water; Drinking water with vitamins; Mineral enriched water (beverages); Fruit-flavoured water
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017996090 registered 04/16/2019 with a renewal date of __________ and an expiration date of 12/04/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Mineral water and aerated waters; Still water; Drinking water; Quinine water; Bottled drinking water; Aerated water; Lemon barley water; Orange barley water; Coconut water as a beverage; Table waters; Flavoured waters; Spring water; Glacial water; Aerated water (soda water); Aerated water, namely, soda water; Mineral water (beverages); beverages, namely, mineral water; Flavoured mineral water; Carbonated mineral water; Aerated water; Seltzer water; Lithia water; Soda water; Aerated water (Preparations for making -); preparations for making beverages, namely, Aerated water; Vitamin enriched sparkling water (beverages); beverages, namely, vitamin enriched sparkling water; Purified drinking water; Nutritionally fortified water; Distilled drinking water; Drinking water with vitamins; Mineral enriched water (beverages); Fruit-flavoured waterClass 032 for Mineral water and aerated waters; Still water; Drinking water; Quinine water; Bottled drinking water; Aerated water; Lemon barley water; Orange barley water; Coconut water as a beverage; Table waters; Flavoured waters; Spring water; Glacial water; Aerated water, namely, soda water; beverages, namely, mineral water; Flavoured mineral water; Carbonated mineral water; Aerated water; Seltzer water; Lithia water; Soda water; preparations for making beverages, namely, Aerated water; beverages, namely, vitamin enriched sparkling water; Purified drinking water; Nutritionally fortified water; Distilled drinking water; Drinking water with vitamins; Mineral enriched water (beverages); Fruit-flavoured water
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017996090 registered 04/16/2019 with a renewal date of __________ and an expiration date of 12/04/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: Alex Patel. Alex Patel of PATEL & ALMEIDA, P.C., is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      US

The phone number is 818-380-1900.

The email address is gregory@paiplaw.com

The applicants proposed attorney information: Alex Patel. Other appointed attorneys are Paulo A. de Almeida, Christopher Roden, Andrew T. Rissler. Alex Patel of PATEL & ALMEIDA, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      United States

The phone number is 8183801900.

The fax number is 8183801908.

The email address is trademarks@paiplaw.com

Alex Patel 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: ALEX PATEL. ALEX PATEL of PATEL & ALMEIDA, P.C., is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      US

The phone number is 818-380-1900.

The email address is gregory@paiplaw.com; Alex@paiplaw.com; Nikki@paiplaw.com; inbox@paiplaw.com

The applicants proposed correspondence information: Alex Patel. Alex Patel of PATEL & ALMEIDA, P.C., is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      United States

The phone number is 8183801900.

The fax number is 8183801908.

The email address is trademarks@paiplaw.com

SIGNATURE(S)
Response Signature
Signature: /Andrew T. Rissler/     Date: 01/16/2020
Signatory's Name: Andrew T. Rissler
Signatory's Position: Attorney, California Bar member

Signatory's Phone Number: 8183801900

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:    ALEX PATEL
   PATEL & ALMEIDA, P.C.
   
   16830 VENTURA BLVD., SUITE 360
   ENCINO, California 91436
Mailing Address:    Alex Patel
   PATEL & ALMEIDA, P.C.
   16830 VENTURA BLVD., SUITE 360
   ENCINO, California 91436
        
Serial Number: 88455021
Internet Transmission Date: Thu Jan 16 19:47:11 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202001161947111
06225-88455021-70070ea98cdf946b83cba3b22
c235084be72b183104cdfb9d7e5e6919351268ce
c-N/A-N/A-20200116193129277119