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. 88486242 CLEAR WATER HOME GOODS(Standard Characters, see http://uspto.report/TM/88486242/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to likelihood of confusion denial; mark as currently used in commerce by registrant; suggestive nature of mark and frequent use by other parties has been attached.
Original PDF file:
evi_141126147207-20200108210258982590_._Clearwater_office_action_response_standard.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_141126147207-20200108210258982590_._llet_Nylon_Fishing_Knife_Sheath_-_Buck__Knives_OFFICIAL_SITE.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_141126147207-20200108210258982590_._About_Our_Technology___Designs___Kershaw_Knives.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_141126147207-20200108210258982590_._Buck_Knives_Clearwater_Fillet_Knife___Gander_Outdoors.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_141126147207-20200108210258982590_._clear_water_knives_-_Google_Search.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Cutting boards; Flasks; Drinking glasses, namely, tumblers
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 01/15/2019 and first used in commerce at least as early as 01/15/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Cutting boards; Flasks; Drinking glasses, namely, tumblersClass 021 for Flasks; Drinking glasses, namely, tumblers
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 01/15/2019 and first used in commerce at least as early as 01/15/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021 . The specimen(s) submitted consists of Mark as currently used in commerce by applicant on tumblers .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

The applicant's current attorney information: Jennifer Rust Anderson. Jennifer Rust Anderson of PRAIRIEVIEW LAW, LLC, is located at

      PO BOX 267
      ALTOONA, Wisconsin 54720
      US

The phone number is 715-895-8910.

The email address is jen@prairieviewlaw.com

The applicants proposed attorney information: Jennifer Rust Anderson. Jennifer Rust Anderson of PRAIRIEVIEW LAW, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 267
      ALTOONA, Wisconsin 54720
      United States

The phone number is 715-895-8910.

The email address is jen@prairieviewlaw.com

Jennifer Rust Anderson 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: JENNIFER RUST ANDERSON. JENNIFER RUST ANDERSON of PRAIRIEVIEW LAW, LLC, is located at

      PO BOX 267
      ALTOONA, Wisconsin 54720
      US

The phone number is 715-895-8910.

The email address is jen@prairieviewlaw.com

The applicants proposed correspondence information: Jennifer Rust Anderson. Jennifer Rust Anderson of PRAIRIEVIEW LAW, LLC, is located at

      PO BOX 267
      ALTOONA, Wisconsin 54720
      United States

The phone number is 715-895-8910.

The email address is jen@prairieviewlaw.com

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: /Jennifer Rust Anderson/      Date: 01/08/2020
Signatory's Name: Jennifer Rust Anderson
Signatory's Position: Attorney of Record
Signatory's Phone Number: 715-895-8910


Response Signature
Signature: /Jennifer Rust Anderson/     Date: 01/08/2020
Signatory's Name: Jennifer Rust Anderson
Signatory's Position: Attorney of Record

Signatory's Phone Number: 715-895-8910

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:    JENNIFER RUST ANDERSON
   PRAIRIEVIEW LAW, LLC
   
   PO BOX 267
   ALTOONA, Wisconsin 54720
Mailing Address:    Jennifer Rust Anderson
   PRAIRIEVIEW LAW, LLC
   PO BOX 267
   ALTOONA, Wisconsin 54720
        
Serial Number: 88486242
Internet Transmission Date: Wed Jan 08 21:07:08 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200108210708
586197-88486242-700e8bd8d68c980913941aa7
a7ccbe52104be1e2f0b0bfd085d57c2668b62250
84-N/A-N/A-20200108210258982590