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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88527096 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88527096/mark.png |
LITERAL ELEMENT |
OFFSPRING |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word OFFSPRING and designs of two whales. The designs of two whales are located below the word OFFSRING. The word
OFFSPRING is in the color black. A smaller-sized whale in the color white is inside a larger-sized whale in the color black. |
OWNER SECTION (current) |
NAME |
Offspring Group Pty Ltd. |
STREET |
Level 4, 91 William Street |
CITY |
Melbourne, Victoria |
ZIP/POSTAL CODE |
3000 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Australia |
OWNER SECTION (proposed) |
NAME |
Offspring Group Pty Ltd. |
STREET |
Level 4, 91 William Street |
CITY |
Melbourne, Victoria |
ZIP/POSTAL CODE |
3000 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Australia |
EMAIL |
todocketing@eversheds-sutherland.us |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_64202223188-20200304133434923187_._Office_Action_Response__Offspring_Group_Pty_Ltd.__-_88527096.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\885\270\88527096\xml1\ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\270\88527096\xml1\ROA0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\270\88527096\xml1\ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\270\88527096\xml1\ROA0005.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\270\88527096\xml1\ROA0006.JPG |
DESCRIPTION OF EVIDENCE FILE |
Arguments in support of registration. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Baby diapers; baby napkins; baby diaper-pants; baby napkin-pants; sanitary preparations and articles for infant care |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
005 |
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 wipes |
FINAL DESCRIPTION |
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) |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word OFFSPRING above a design of two whales consisting of a small whale located inside a larger-sized whale. |
ATTORNEY INFORMATION (current) |
NAME |
Peter G. Pappas |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
EVERSHEDS SUTHERLAND (US) LLP |
INTERNAL ADDRESS |
SUITE 2300 |
STREET |
999 PEACHTREE STREET, NE |
CITY |
ATLANTA |
STATE |
Georgia |
POSTAL CODE |
30309-3996 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
404-853-8064 |
FAX |
404-853-8806 |
EMAIL |
patentdocket@eversheds-sutherland.com |
ATTORNEY INFORMATION (proposed) |
NAME |
Peter G. Pappas |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
EVERSHEDS SUTHERLAND (US) LLP |
INTERNAL ADDRESS |
SUITE 2300 |
STREET |
999 PEACHTREE STREET, NE |
CITY |
ATLANTA |
STATE |
Georgia |
POSTAL CODE |
30309-3996 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
404-853-8064 |
FAX |
404-853-8806 |
EMAIL |
patentdocket@eversheds-sutherland.com |
DOCKET/REFERENCE NUMBER |
93311-0002 |
OTHER APPOINTED ATTORNEY |
Cameron C. Murphy, Jeremy D. Spier |
CORRESPONDENCE INFORMATION (current) |
NAME |
PETER G. PAPPAS |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
patentdocket@eversheds-sutherland.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Peter G. Pappas |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
patentdocket@eversheds-sutherland.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
cameronmurphy@eversheds-sutherland.us; jeremyspier@eversheds-sutherland.us; vickybantug@eversheds-sutherland.us |
DOCKET/REFERENCE NUMBER |
93311-0002 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Cameron C. Murphy/ |
SIGNATORY'S NAME |
Cameron C. Murphy |
SIGNATORY'S POSITION |
Attorney of record, Florida Bar member |
DATE SIGNED |
03/04/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Mar 04 13:51:05 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20200304135105336909-8852
7096-710fed1ef9474d4d0285
e85822ced80ea64854d25b5fa
e78a697f082e079e72-N/A-N/
A-20200304133434923187 |
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