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. 88508386 WYLD (Stylized and/or with Design, see http://uspto.report/TM/88508386/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Arguments in response to office action. has been attached.
Original PDF file:
evi_162219100162-20200204140916264330_._WYLD___Design_Response_To_Office_Action_App_No._88508386.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 030 for Chocolates, namely, white, milk, and dark chocolates; Gummies, namely, gummy candies; mints; pastilles; hard candies; jelly candies; caramels; candy with caramel; taffy; tea; cookies; pastries; biscuits; tarts; chocolate covered nuts, fruits, and berries; granola; granola snacks; granola-based snack bars
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: Chocolates, namely, white, milk, and dark chocolates; Gummies, namely, gummy candies; mints; candy mints; pastilles; confectionary, namely pastilles and jelly candies; hard candies; jelly candies; caramels; candy with caramel; taffy; tea; cookies; pastries; biscuits; tarts; chocolate covered nuts, fruits, and berries; granola; granola snacks; granola-based snack barsClass 030 for Chocolates, namely, white, milk, and dark chocolates; Gummies, namely, gummy candies; candy mints; confectionary, namely pastilles and jelly candies; hard candies; caramels; candy with caramel; taffy; tea; cookies; pastries; biscuits; tarts; chocolate covered nuts, fruits, and berries; granola; granola snacks; granola-based snack bars
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's current attorney information: Parna Mehrbani. Parna Mehrbani of TONKON TORP LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      US
The docket/reference number is 40056.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

The applicants proposed attorney information: Parna Mehrbani. Parna Mehrbani of TONKON TORP LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      United States
The docket/reference number is 40056.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

Parna Mehrbani 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: PARNA MEHRBANI. PARNA MEHRBANI of TONKON TORP LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      US
The docket/reference number is 40056.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

The applicants proposed correspondence information: Parna Mehrbani. Parna Mehrbani of TONKON TORP LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      United States
The docket/reference number is 40056.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

SIGNATURE(S)
Response Signature
Signature: /Parna Mehrbani/     Date: 02/04/2020
Signatory's Name: Parna Mehrbani
Signatory's Position: Attorney of record

Signatory's Phone Number: 503-221-1441

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:    PARNA MEHRBANI
   TONKON TORP LLP
   
   888 SW FIFTH AVE., SUITE 1600
   PORTLAND, Oregon 97204
Mailing Address:    Parna Mehrbani
   TONKON TORP LLP
   888 SW FIFTH AVE., SUITE 1600
   PORTLAND, Oregon 97204
        
Serial Number: 88508386
Internet Transmission Date: Tue Feb 04 14:42:46 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200204144246
311748-88508386-7005978b5b960a5cccbe3c8c
9de92e3566ad620bb6e268df2659dd3b96c7ad21
9e-N/A-N/A-20200204140916264330