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. 88500271 SUNNYSIDE*(Standard Characters, see http://uspto.report/TM/88500271/mark.png) has been amended as follows:

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

Please see the text of the arguments attached within the Evidence section.

EVIDENCE

Original PDF file:
evi_2601249603e34061041f5f741fe7f-20200320202251856450_._2020-03-20_SUNNYSIDE_OA_Response_3T10515.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_2601249603e34061041f5f741fe7f-20200320202251856450_._Sunny_Side___Definition_of_Sunny_Side_by_Merriam-Webster.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_2601249603e34061041f5f741fe7f-20200320202251856450_._nny-side_Up___Definition_of_Sunny-side_Up_by_Merriam-Webster.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 025 for T-shirts, hoodies, hats, tote bags
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: T-shirts, hoodies, hats, tote bags; T-shirts, hoodies, hatsClass 025 for T-shirts, hoodies, hats
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 018 for tote bags
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: CRESCOLABS, LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      400 West Erie Street, Suite 110
      Chicago, Illinois 60654
      United States

Proposed: CRESCOLABS, LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      400 West Erie Street, Suite 110
      Chicago, Illinois 60654
      United States
      Email Address: ip@crescolabs.com

The owner's/holder's current attorney information: Lisa A. Harkins. Lisa A. Harkins of FLENER IP & BUSINESS LAW, is located at

      77 WEST WASHINGTON STREET, SUITE 800
      CHICAGO, Illinois 60602
      United States
The docket/reference number is 3T10515.
      The phone number is 312-724-8874.
      The fax number is 3127247395.
      The email address is info@fleneriplaw.com

The owner's/holder's proposed attorney information: Lisa A. Harkins. Other appointed attorneys are Zareefa B. Flener. Lisa A. Harkins of FLENER IP & BUSINESS LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      77 WEST WASHINGTON STREET, SUITE 800
      CHICAGO, Illinois 60602
      United States
The docket/reference number is 3T10515.
      The phone number is 312-724-8874.
      The fax number is 3127247395.
      The email address is info@fleneriplaw.com

Lisa A. Harkins 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):
      LISA A. HARKINS
      PRIMARY EMAIL FOR CORRESPONDENCE: info@fleneriplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lharkins@fleneriplaw.com; zflener@fleneriplaw.com; fleneriplaw_docketing@cardinal-ip.com

The docket/reference number is 3T10515.
Correspondence Information (proposed):
      Lisa A. Harkins
      PRIMARY EMAIL FOR CORRESPONDENCE: info@fleneriplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lharkins@fleneriplaw.com; zflener@fleneriplaw.com; uspto@dockettrak.com

The docket/reference number is 3T10515.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Lisa A. Harkins/      Date: 03/20/2020
Signatory's Name: Lisa A. Harkins
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 3127248874


Response Signature
Signature: /Lisa A. Harkins/     Date: 03/20/2020
Signatory's Name: Lisa A. Harkins
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 3127248874

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:    LISA A. HARKINS
   FLENER IP & BUSINESS LAW
   
   77 WEST WASHINGTON STREET, SUITE 800
   CHICAGO, Illinois 60602
Mailing Address:    Lisa A. Harkins
   FLENER IP & BUSINESS LAW
   77 WEST WASHINGTON STREET, SUITE 800
   CHICAGO, Illinois 60602
        
RAM Sale Number: 88500271
RAM Accounting Date: 03/20/2020
        
Serial Number: 88500271
Internet Transmission Date: Fri Mar 20 20:33:38 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXX-20200320203338195077-88500271-710
533fa1838bdea32fdee3cf731746b7ac54317af7
aaf124cc8296ce9f92267e2-CC-33362717-2020
0320202251856450