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. 88485786 BUMPER BAR(Standard Characters, see http://uspto.report/TM/88485786/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of arguments related to the descriptiveness refusal, disclaimer, and description of goods/services has been attached.
Original PDF file:
evi_26033024212cf000d5e6c51429d529de-20200130203221962307_._20200130-ROA-MORIS-21001.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Folding portable beverage and food organizer (tailgate, table or countertop bar, can also be used as a hotdog bar, salad bar, sandwich bar, etc)
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: Folding portable beverage and food organizer (tailgate, table or countertop bar, can also be used as a hotdog bar, salad bar, sandwich bar, etc); folding, portable beverage and food containers, sold emptyClass 020 for folding, portable beverage and food containers, sold empty
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 hereby appoints Stuart J. West. Other appointed attorneys are Charlotte Rodeen-Dickert. Stuart J. West of West & Associates, A PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      3050 Citrus Circle, Ste. 207
      Walnut Creek, California 94598
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is MORIS-21001.

The phone number is 925-262-2220.

The fax number is 925-262-2205.

The email address is trademark@westpatentlaw.com

Stuart J. West 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: PHILIP MORISEY. PHILIP MORISEY of THE MORISEY GROUP, is located at

      111 CREEKDALE RD
      WALNUT CREEK, California 94595
      US

The phone number is 925-457-4297.

The email address is pmorisey@gmail.com

The applicants proposed correspondence information: Stuart J. West. Stuart J. West of West & Associates, A PC, is located at

      3050 Citrus Circle, Ste. 207
      Walnut Creek, California 94598
      United States
The docket/reference number is MORIS-21001.

The phone number is 925-262-2220.

The fax number is 925-262-2205.

The email address is trademark@westpatentlaw.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BAR apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Stuart J. West/     Date: 01/30/2020
Signatory's Name: Stuart J. West
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 925-262-2220

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:    PHILIP MORISEY
   THE MORISEY GROUP
   
   111 CREEKDALE RD
   WALNUT CREEK, California 94595
Mailing Address:    Stuart J. West
   West & Associates, A PC
   3050 Citrus Circle, Ste. 207
   Walnut Creek, California 94598
        
Serial Number: 88485786
Internet Transmission Date: Thu Jan 30 20:38:48 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200130203848747421-88485786-
700f8e731e8dea8a68cec6a35191277268080d0f
6efc0a82b131f2b683a96a5d3-N/A-N/A-202001
30203221962307