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. 88455355 NUUN (Stylized and/or with Design, see http://uspto.report/TM/88455355/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 025 for Hats; caps; visors; swim caps; socks; wristbands as clothing; neck gaiters
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: Hats; caps; caps being headwear; visors; caps with visors; swim caps; socks; wristbands as clothing; neck gaitersClass 025 for Hats; caps being headwear; caps with visors; swim caps; socks; wristbands as clothing; neck gaiters
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for On-line journals, namely, blogs featuring information about health and wellness, outdoor recreation, environmentalism, and exercise, fitness, and diet; providing a website featuring blogs and non-downloadable publications in the nature of health and wellness, outdoor recreation, environmentalism, and exercise, fitness, and diet
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: On-line journals, namely, blogs featuring information about health and wellness, outdoor recreation, environmentalism, and exercise, fitness, and diet; Providing a website featuring blogs and non-downloadable publications in the nature of articles and brochures in the field of health and wellness, outdoor recreation, environmentalism, and exercise, fitness, and diet; providing a website featuring blogs and non-downloadable publications in the nature of health and wellness, outdoor recreation, environmentalism, and exercise, fitness, and dietClass 041 for Providing a website featuring blogs and non-downloadable publications in the nature of articles and brochures in the field of health and wellness, outdoor recreation, environmentalism, and exercise, fitness, and diet
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: Grace Han Stanton. Grace Han Stanton of PERKINS COIE LLP, is located at

      1201 THIRD AVENUE, SUITE 4900
      SEATTLE, Washington 98101
      US
The docket/reference number is 72613-4000.

The phone number is 206-359-8000.

The fax number is (206) 359-9000.

The email address is pctrademarks@perkinscoie.com

The applicants proposed attorney information: Grace Han Stanton. Other appointed attorneys are Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan B. Blum, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, Colleen M. Ganin, Alexander J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, Patchen M. Haggerty, John P. Halski, Thomas L. Holt, Jason S. Howell, Lisa K. Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan, Andrew A. Roppel, Heidi L. Sachs, Danielle Suh, James L. Vana, Fabricio Vayra and Robert G. Woolston. Grace Han Stanton of PERKINS COIE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1201 THIRD AVENUE, SUITE 4900
      SEATTLE, Washington 98101
      United States
The docket/reference number is 72613-4000.

The phone number is 206-359-8000.

The fax number is (206) 359-9000.

The email address is pctrademarks@perkinscoie.com

Grace Han Stanton 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: GRACE HAN STANTON. GRACE HAN STANTON of PERKINS COIE LLP, is located at

      1201 THIRD AVENUE, SUITE 4900
      SEATTLE, Washington 98101
      US
The docket/reference number is 72613-4000.

The phone number is 206-359-8000.

The fax number is (206) 359-9000.

The email address is pctrademarks@perkinscoie.com

The applicants proposed correspondence information: Grace Han Stanton. Grace Han Stanton of PERKINS COIE LLP, is located at

      1201 THIRD AVENUE, SUITE 4900
      SEATTLE, Washington 98101
      United States
The docket/reference number is 72613-4000.

The phone number is 206-359-8000.

The fax number is (206) 359-9000.

The email address is pctrademarks@perkinscoie.com

SIGNATURE(S)
Response Signature
Signature: /Winfield B. Martin/     Date: 02/11/2020
Signatory's Name: Winfield B. Martin
Signatory's Position: Attorney of Record, Member Washington State Bar

Signatory's Phone Number: (206) 359-8000

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:    GRACE HAN STANTON
   PERKINS COIE LLP
   
   1201 THIRD AVENUE, SUITE 4900
   SEATTLE, Washington 98101
Mailing Address:    Grace Han Stanton
   PERKINS COIE LLP
   1201 THIRD AVENUE, SUITE 4900
   SEATTLE, Washington 98101
        
Serial Number: 88455355
Internet Transmission Date: Tue Feb 11 14:00:52 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202002111400528
15859-88455355-7007729b2ee57e3cfafc42fd4
d6979cea7c9d7ec835af965934a5db707ef3fb-N
/A-N/A-20200211133327663664