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. 88527096 OFFSPRING (Stylized and/or with Design, see http://uspto.report/TM/88527096/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments in support of registration. has been attached.
Original PDF file:
evi_64202223188-20200304133434923187_._Office_Action_Response__Offspring_Group_Pty_Ltd.__-_88527096.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 005 for Baby diapers; baby napkins; baby diaper-pants; baby napkin-pants; sanitary preparations and articles for infant care
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: Baby diapers; baby napkins; baby diaper-pants; baby napkin-pants; sanitary preparations and articles for infant care; sanitary preparations and articles for infant care, namely, sanitary sterilizing preparations for infant care and hand-sanitizing preparations, and articles in the nature of sanitizing wipesClass 005 for Baby diapers; baby napkins; baby diaper-pants; baby napkin-pants; sanitary preparations and articles for infant care, namely, sanitary sterilizing preparations for infant care and hand-sanitizing preparations, and articles in the nature of sanitizing wipes
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: Offspring Group Pty Ltd. a(n) proprietary limited company (p/l or pty. ltd.), legally organized under the laws of Australia, having an address of
      Level 4, 91 William Street
      Melbourne, Victoria, 3000
      Australia

Proposed: Offspring Group Pty Ltd., proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      Level 4, 91 William Street
      Melbourne, Victoria, 3000
      Australia
      Email Address: todocketing@eversheds-sutherland.us

The owner's/holder's current attorney information: Peter G. Pappas. Peter G. Pappas of EVERSHEDS SUTHERLAND (US) LLP, is located at

      SUITE 2300
      999 PEACHTREE STREET, NE
      ATLANTA, Georgia 30309-3996
      United States
      The phone number is 404-853-8064.
      The fax number is 404-853-8806.
      The email address is patentdocket@eversheds-sutherland.com

The owner's/holder's proposed attorney information: Peter G. Pappas. Other appointed attorneys are Cameron C. Murphy, Jeremy D. Spier. Peter G. Pappas of EVERSHEDS SUTHERLAND (US) 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

      SUITE 2300
      999 PEACHTREE STREET, NE
      ATLANTA, Georgia 30309-3996
      United States
The docket/reference number is 93311-0002.
      The phone number is 404-853-8064.
      The fax number is 404-853-8806.
      The email address is patentdocket@eversheds-sutherland.com

Peter G. Pappas 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):
      PETER G. PAPPAS
      PRIMARY EMAIL FOR CORRESPONDENCE: patentdocket@eversheds-sutherland.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Peter G. Pappas
      PRIMARY EMAIL FOR CORRESPONDENCE: patentdocket@eversheds-sutherland.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cameronmurphy@eversheds-sutherland.us; jeremyspier@eversheds-sutherland.us; vickybantug@eversheds-sutherland.us

The docket/reference number is 93311-0002.

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
Description of mark
The mark consists of the word OFFSPRING above a design of two whales consisting of a small whale located inside a larger-sized whale.

SIGNATURE(S)
Response Signature
Signature: /Cameron C. Murphy/     Date: 03/04/2020
Signatory's Name: Cameron C. Murphy
Signatory's Position: Attorney of record, Florida 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:    PETER G. PAPPAS
   EVERSHEDS SUTHERLAND (US) LLP
   SUITE 2300
   999 PEACHTREE STREET, NE
   ATLANTA, Georgia 30309-3996
Mailing Address:    Peter G. Pappas
   EVERSHEDS SUTHERLAND (US) LLP
   SUITE 2300
   999 PEACHTREE STREET, NE
   ATLANTA, Georgia 30309-3996
        
Serial Number: 88527096
Internet Transmission Date: Wed Mar 04 13:51:05 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003041351053
36909-88527096-710fed1ef9474d4d0285e8582
2ced80ea64854d25b5fae78a697f082e079e72-N
/A-N/A-20200304133434923187