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. 88486680 JÈN(Standard Characters, see http://uspto.report/TM/88486680/mark.png) has been amended as follows:

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

Please see Argument text attached in Evidence section.

EVIDENCE
Evidence in the nature of Argument; Evidence has been attached.
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._Office_Action_Response_-_Argument__88486680-JEN_.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._jeune___translation_French_to_English__Cambridge_Dictionary.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._What_does_jeune_mean_in_French_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._Aloe_vera__Eight_health_benefits.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._7_Amazing_Uses_for_Aloe_Vera.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._Aloe_Vera_Juice_Benefits__For_Health.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._Jen___Definition_of_Jen_at_Dictionary.com.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._Jen___Definition_of_Jen_by_Merriam-Webster.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._Jen_by_Shangri-La___Hotels_in_exciting_Asian_destinations.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._Shangri-La_Hotels_and_Resorts_-_Wikipedia.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._Grave_accent_-_Wikipedia.pdf
Converted PDF file(s) ( 12 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
Original PDF file:
evi_2600170094817a30f5006b9e32aa144-20200317221945903819_._onounce_j_sound___Pronuncian__American_English_Pronunciation.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 032 for Soft drinks; Non-carbonated, non-alcoholic, ready-to-drink beverages
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: Soft drinks; Non-carbonated, non-alcoholic, ready-to-drink beverages; Non-carbonated, non-alcoholic, ready-to-drink beverages, namely, beverages containing aloe juiceClass 032 for Soft drinks; Non-carbonated, non-alcoholic, ready-to-drink beverages, namely, beverages containing aloe juice
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SPI West Port, Inc., a corporation of California, having an address of
      377 Swift Avenue
      South San Francisco, California 94080
      United States

Proposed: SPI West Port, Inc., a corporation of California, having an address of
      377 Swift Avenue
      South San Francisco, California 94080
      United States
      Email Address: tm@iplg.com

The owner's/holder's current attorney information: Otto O. Lee. Otto O. Lee of INTELLECTUAL PROPERTY LAW GROUP LLP, is located at

      1871 THE ALAMEDA, SUITE 250
      SAN JOSE, California 95126
      United States
The docket/reference number is 5697.
      The phone number is 408-286-8933.
      The fax number is 408-286-8932.
      The email address is tm_docket@iplg.com

The owner's/holder's proposed attorney information: Otto O. Lee. Other appointed attorneys are Juneko Jackson, Kevin Viau, and Jenny Hong-Gonzalez. Otto O. Lee of INTELLECTUAL PROPERTY LAW GROUP 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

      1871 THE ALAMEDA, SUITE 250
      SAN JOSE, California 95126
      United States
The docket/reference number is 5697.
      The phone number is 408-286-8933.
      The fax number is 408-286-8932.
      The email address is tm_docket@iplg.com

Otto O. Lee 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):
      OTTO O. LEE
      PRIMARY EMAIL FOR CORRESPONDENCE: tm_docket@iplg.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 5697.
Correspondence Information (proposed):
      Otto O. Lee
      PRIMARY EMAIL FOR CORRESPONDENCE: tm_docket@iplg.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 5697.

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).

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
"JÈN" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) "JÈN" has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Otto O. Lee/     Date: 03/17/2020
Signatory's Name: Otto O. Lee
Signatory's Position: Attorney of Record, CA Bar Member

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:    OTTO O. LEE
   INTELLECTUAL PROPERTY LAW GROUP LLP
   
   1871 THE ALAMEDA, SUITE 250
   SAN JOSE, California 95126
Mailing Address:    Otto O. Lee
   INTELLECTUAL PROPERTY LAW GROUP LLP
   1871 THE ALAMEDA, SUITE 250
   SAN JOSE, California 95126
        
Serial Number: 88486680
Internet Transmission Date: Tue Mar 17 22:28:41 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXX:XXXX-20200317222841250607-88486680-7
10f0adea3fa71bb5fa61d443a956ccdf8fb6556f
2edcee12691e617a6689139-N/A-N/A-20200317
221945903819