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. 88480447 SAFE KITCHENS(Standard Characters, see http://uspto.report/TM/88480447/mark.png) has been amended as follows:

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

The applicant will agree to move its application from the principal register to the supplemental register

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Safety auditing and compliance to improve employee safety in commercial kitchens and industrial settings
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 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Safety auditing and compliance to improve employee safety in commercial kitchens and industrial settings; Safety auditing and safety compliance in the nature of risk mitigation to improve employee safety and customer safety in work sites being commercial kitchens, commercial cafeterias and industrial settings involving food services, manufacturing and preparation facilities.Class 042 for Safety auditing and safety compliance in the nature of risk mitigation to improve employee safety and customer safety in work sites being commercial kitchens, commercial cafeterias and industrial settings involving food services, manufacturing and preparation facilities.
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 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.
The applicant's current attorney information: Brad Sniderman. Brad Sniderman of LAW OFFICE OF BRADLEY SNIDERMAN, is located at

      23679 CALABASAS RD. #558
      CALABASAS, California 91302
      US

The phone number is 818-706-0631.

The fax number is 818-332-1285.

The email address is brad@bmslawpractice.com

The applicants proposed attorney information: Brad Sniderman. Brad Sniderman of LAW OFFICE OF BRADLEY SNIDERMAN, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      23679 CALABASAS RD. #558
      CALABASAS, California 91302
      United States

The phone number is 818-706-0631.

The fax number is 818-332-1285.

The email address is brad@bmslawpractice.com

Brad Sniderman 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: BRAD SNIDERMAN. BRAD SNIDERMAN of LAW OFFICE OF BRADLEY SNIDERMAN, is located at

      23679 CALABASAS RD. #558
      CALABASAS, California 91302
      US

The phone number is 818-706-0631.

The fax number is 818-332-1285.

The email address is brad@bmslawpractice.com

The applicants proposed correspondence information: Brad Sniderman. Brad Sniderman of LAW OFFICE OF BRADLEY SNIDERMAN, is located at

      23679 CALABASAS RD. #558
      CALABASAS, California 91302
      United States

The phone number is 818-706-0631.

The fax number is 818-332-1285.

The email address is brad@bmslawpractice.com

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


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: /Brad Sniderman/      Date: 09/26/2019
Signatory's Name: Brad Sniderman
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 818-706-0631


Response Signature
Signature: /Brad Sniderman/     Date: 09/26/2019
Signatory's Name: Brad Sniderman
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 818-706-0631

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:    BRAD SNIDERMAN
   LAW OFFICE OF BRADLEY SNIDERMAN
   
   23679 CALABASAS RD. #558
   CALABASAS, California 91302
Mailing Address:    Brad Sniderman
   LAW OFFICE OF BRADLEY SNIDERMAN
   23679 CALABASAS RD. #558
   CALABASAS, California 91302
        
Serial Number: 88480447
Internet Transmission Date: Thu Sep 26 18:41:30 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201909261841301
61815-88480447-610c536402dc1b124928fd6f8
a9a973cf9514213b6280f9beaf34a9704a2532-N
/A-N/A-20190926182618993177