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)

---

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. 88476215 X·PAND(Standard Characters, see http://uspto.report/TM/88476215/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Signed declaration by the Applicant has been attached.
Original PDF file:
evi_19966196106-20200107165614557528_._X-PAND_Declaration__88476215_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

The applicant's current attorney information: Megan Livermore. Megan Livermore of HUTCHINSON COX, is located at

      PO BOX 10886
      EUGENE, Oregon 97440
      US

The phone number is 541-686-9160.

The fax number is 541-343-8693.

The email address is mlivermore@eugenelaw.com

The applicants proposed attorney information: Megan Livermore. Other appointed attorneys are Jonathan Hood. Megan Livermore of HUTCHINSON COX, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      PO BOX 10886
      EUGENE, Oregon 97440
      United States

The phone number is 541-686-9160.

The fax number is 541-343-8693.

The email address is mlivermore@eugenelaw.com

Megan Livermore 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: MEGAN LIVERMORE. MEGAN LIVERMORE of HUTCHINSON COX, is located at

      PO BOX 10886
      EUGENE, Oregon 97440
      US

The phone number is 541-686-9160.

The fax number is 541-343-8693.

The email address is mlivermore@eugenelaw.com; jhood@eugenelaw.com; gcross@eugenelaw.com

The applicants proposed correspondence information: Megan Livermore. Megan Livermore of HUTCHINSON COX, is located at

      PO BOX 10886
      EUGENE, Oregon 97440
      United States

The phone number is 541-686-9160.

The fax number is 541-343-8693.

The email address is mlivermore@eugenelaw.com; gcross@eugenelaw.com; jhood@eugenelaw.com

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4367655


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Jonathan M. Hood/      Date: 01/07/2020
Signatory's Name: Jonathan M. Hood
Signatory's Position: Attorney of Record, Oregon Bar member
Signatory's Phone Number: 5416869160


Response Signature
Signature: /Jonathan M. Hood/     Date: 01/07/2020
Signatory's Name: Jonathan M. Hood
Signatory's Position: Attorney of record, Oregon bar member

Signatory's Phone Number: 5416869160

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:    MEGAN LIVERMORE
   HUTCHINSON COX
   
   PO BOX 10886
   EUGENE, Oregon 97440
Mailing Address:    Megan Livermore
   HUTCHINSON COX
   PO BOX 10886
   EUGENE, Oregon 97440
        
Serial Number: 88476215
Internet Transmission Date: Tue Jan 07 17:29:11 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202001071729118
13211-88476215-700eccc2afcb278395f897a35
3d252866781b276859f6f4c8c1c849bd153eb-N/
A-N/A-20200107165614557528