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. 88460631 TB12(Standard Characters, see http://uspto.report/TM/88460631/mark.png) has been amended as follows:

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

In response to the Examiner?s objections to the Class 30 goods, Applicant believes that its bars and snacks are more appropriately placed in Class 29, as its products are not cereal or grain based but instead are nut and fruit based. Therefore, Applicant requests its goods and services be amended as follows: Class 25: Clothing, namely, shirts, pants, shorts, sweatshirts, sweaters, jerseys, and headwear; Class 29: Dried fruit and nut based energy bars; high protein nut based protein bars; high protein dried fruit and nut based protein bars; energy snacks in the nature of products made of dried fruit and nuts, namely, organic fruit and nut based snack food, processed organic fruit- and nut-based food bars and organic fruit and nut-based snack bars; and Class 35: Online retail store services for clothing, headwear, exercise and therapeutic equipment, printed publications, creams and lotions, energy snacks, dietary and nutritional supplements and protein powders. If the Examining Attorney has any additional questions regarding the descriptions of its bars in Class 29, please feel free to contact the undersigned.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 030 for Energy bars, protein bars, energy snacks

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing and headwear
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 12/23/2015 and first used in commerce at least as early as 12/23/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Clothing and headwear; Clothing, namely, shirts, pants, shorts, sweatshirts, sweaters, jerseys, and headwearClass 025 for Clothing, namely, shirts, pants, shorts, sweatshirts, sweaters, jerseys, and headwear
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 12/23/2015 and first used in commerce at least as early as 12/23/2015 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Online retail services for clothing, headwear, exercise and therapeutic equipment, printed publications, creams and lotions, energy snacks, dietary and nutritional supplements and protein powders
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 12/23/2015 and first used in commerce at least as early as 12/23/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Online retail services for clothing, headwear, exercise and therapeutic equipment, printed publications, creams and lotions, energy snacks, dietary and nutritional supplements and protein powders; Online retail store services for clothing, headwear, exercise and therapeutic equipment, printed publications, creams and lotions, energy snacks, dietary and nutritional supplements and protein powdersClass 035 for Online retail store services for clothing, headwear, exercise and therapeutic equipment, printed publications, creams and lotions, energy snacks, dietary and nutritional supplements and protein powders
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 12/23/2015 and first used in commerce at least as early as 12/23/2015 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 029 (Original Class: 030 ) for Dried fruit and nut based energy bars; high protein nut based protein bars; high protein dried fruit and nut based protein bars; energy snacks in the nature of products made of dried fruit and nuts, namely, organic fruit and nut based snack food, processed organic fruit- and nut-based food bars and organic fruit and nut-based snack bars
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 01/01/2017 and first used in commerce at least as early as 01/01/2017 , and is now in use in such commerce.

The applicant's current attorney information: PERRY J. VISCOUNTY. PERRY J. VISCOUNTY of LATHAM & WATKINS LLP, is located at

      650 TOWN CENTER DRIVE, 20TH FL
      COSTA MESA, California 92626
      US
The docket/reference number is 060543-2.

The email address is IPDOCKET@LW.COM

The applicants proposed attorney information: PERRY J. VISCOUNTY. Other appointed attorneys are JENNIFER L. BARRY AND JULIE L. DALKE. PERRY J. VISCOUNTY of LATHAM & WATKINS 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

      650 TOWN CENTER DRIVE, 20TH FLOOR
      COSTA MESA, California 92626
      United States
The docket/reference number is 060543-2.

The email address is IPDOCKET@LW.COM

PERRY J. VISCOUNTY submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: PERRY J. VISCOUNTY. PERRY J. VISCOUNTY of LATHAM & WATKINS LLP, is located at

      650 TOWN CENTER DRIVE, 20TH FL
      COSTA MESA, California 92626
      US
The docket/reference number is 060543-2.

The email address is IPDOCKET@LW.COM

The applicants proposed correspondence information: PERRY J. VISCOUNTY. PERRY J. VISCOUNTY of LATHAM & WATKINS LLP, is located at

      650 TOWN CENTER DRIVE, 20TH FLOOR
      COSTA MESA, California 92626
      United States
The docket/reference number is 060543-2.

The email address is IPDOCKET@LW.COM

ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Thomas E Brady, whose consent(s) to register is made of record.

Original PDF file:
consent-1361797150-191827436_._TB12_-_Written_Consent_to_Registration.pdf
Converted PDF file(s) ( 1 page)
Consent File1

SIGNATURE(S)
Response Signature
Signature: /Jennifer L. Barry/     Date: 08/16/2019
Signatory's Name: Jennifer L. Barry
Signatory's Position: Attorney for Applicant, CA Bar Member

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:    PERRY J. VISCOUNTY
   LATHAM & WATKINS LLP
   
   650 TOWN CENTER DRIVE, 20TH FL
   COSTA MESA, California 92626
Mailing Address:    PERRY J. VISCOUNTY
   LATHAM & WATKINS LLP
   650 TOWN CENTER DRIVE, 20TH FLOOR
   COSTA MESA, California 92626
        
Serial Number: 88460631
Internet Transmission Date: Fri Aug 16 19:26:30 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2019081619263010
4150-88460631-6103dadfef36b90c3516d78dd7
2853017b83e967b4a1678b6c9da643a750593-N/
A-N/A-20190816191827436177