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. 88470807 SUPERBIOTICS(Standard Characters, see http://uspto.report/TM/88470807/mark.png) has been amended as follows:

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

Please see Applicant's argument in the Evidence section below.

EVIDENCE
Evidence in the nature of The first attachment contains Applicant's response to the office action. The second attachment contains the evidence file, which includes excerpts from various websites, social media posts, and various TSDR documents. has been attached.
Original PDF file:
evi_2162011552-20200303145147902320_._2020-03-03_Office_Action_Response.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_2162011552-20200303145147902320_._Evidence_File.pdf
Converted PDF file(s) ( 15 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 005 for Nutritional supplements in the form of fruit and vegetable juice containing probiotics; Beverages containing probiotic-fortified fruit and vegetable juice for use as a nutritional supplement
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 06/25/2013 and first used in commerce at least as early as 06/25/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Nutritional supplements in the form of fruit and vegetable juice containing probiotics; nutritional supplements in the form of yogurt, smoothies, fruit juices, and vegetable juices containing probiotic formulations, sold and marketed exclusively to Red Mango restaurant customers; Beverages containing probiotic-fortified fruit and vegetable juice for use as a nutritional supplementClass 005 for nutritional supplements in the form of yogurt, smoothies, fruit juices, and vegetable juices containing probiotic formulations, sold and marketed exclusively to Red Mango restaurant customers
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 06/25/2013 and first used in commerce at least as early as 06/25/2013 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Red Mango, LLC, a limited liability company legally organized under the laws of Texas, having an address of

            Suite 354      2811 McKinney Ave.
      Dallas, Texas 75204
      United States

Proposed: Red Mango, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      Suite 354
      2811 McKinney Ave.
      Dallas, Texas 75204
      United States
      Email Address: mitzi@brixholdings.com

The owner's/holder's current attorney information: Debra L. Witter. Debra L. Witter of FARROW-GILLESPIE HEATH WITTER LLP, is located at

      SUITE 3700
      1700 PACIFIC AVE.
      DALLAS, Texas 75201
      United States
      The phone number is 214-361-5600.
      The email address is debra.witter@fghwlaw.com

The owner's/holder's proposed attorney information: Debra L. Witter. Other appointed attorneys are Christopher Elam. Debra L. Witter of FARROW-GILLESPIE HEATH WITTER 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

      SUITE 3700
      1700 PACIFIC AVE.
      DALLAS, Texas 75201
      United States
      The phone number is 214-361-5600.
      The email address is debra.witter@fghwlaw.com

Debra L. Witter 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.Correspondence Information (current):
      DEBRA L. WITTER
      PRIMARY EMAIL FOR CORRESPONDENCE: debra.witter@fghwlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@fghwlaw.com; lesly@fghwlaw.com
Correspondence Information (proposed):
      Debra L. Witter
      PRIMARY EMAIL FOR CORRESPONDENCE: debra.witter@fghwlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@fghwlaw.com; lesly@fghwlaw.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Debra L. Witter/     Date: 03/03/2020
Signatory's Name: Debra L. Witter
Signatory's Position: Attorney of record, Texas Bar member

Signatory's Phone Number: 214-361-5600

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:    DEBRA L. WITTER
   FARROW-GILLESPIE HEATH WITTER LLP
   SUITE 3700
   1700 PACIFIC AVE.
   DALLAS, Texas 75201
Mailing Address:    Debra L. Witter
   FARROW-GILLESPIE HEATH WITTER LLP
   SUITE 3700
   1700 PACIFIC AVE.
   DALLAS, Texas 75201
        
Serial Number: 88470807
Internet Transmission Date: Tue Mar 03 15:02:07 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2020030315020770
6905-88470807-710ea684d5987b248e15c0cf46
f4685843d9f6aaf4cd7d05931caff855c9125d7-
N/A-N/A-20200303145147902320