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. 88527139 SOLUPAC (Stylized and/or with Design, see http://uspto.report/TM/88527139/mark.png) has been amended as follows:

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

Please see Evidence section for PDF of arguments and evidence.

EVIDENCE
Evidence in the nature of The attached includes, in PDF format, arguments in Applicant's favor and against refusal of the mark and internet evidence in support of same (the "Response"). The evidence also includes sample invoices in further support of Applicant's Affidavit Supporting Substitute Specimen, which is attached to the Response as Exhibit C. has been attached.
Original PDF file:
evi_26001700d40070e0788da1715689fbb0-20200311155746265942_._20.3.11_Solupac_Design_Mark_Response_to_Office_Action-merged.pdf
Converted PDF file(s) ( 45 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
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Evidence-19
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Evidence-26
Evidence-27
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Original PDF file:
evi_26001700d40070e0788da1715689fbb0-20200311155746265942_._Invoice.Quote-merged.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 016 for Plastic products, namely, high density polyethylene (HDPE) t-shirts bags, high density polyethylene (HDPE) and low density polyethylene (LDPE) can liners, high density polyethylene (HDPE) and low density polyethylene (LDPE) die cut bags, patch handle and soft loop bags, wicket bags, security bags, mailers and e-commerce bags, film roll stock for packaging, zipper bags in the nature of food storage zipper bags for packaging use, polypropylene (PP) non-woven and mesh bags; paper products, namely, Kraft paper bags, Kraft paper rolls, toilet tissue, kitchen paper towels, paper napkins, junior bath tissue, hard-wound roll paper-towels, paper products, namely, paper bags for merchandise packaging, paper bags for household use
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2016 and first used in commerce at least as early as 10/10/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Plastic products, namely, high density polyethylene (HDPE) t-shirts bags, high density polyethylene (HDPE) and low density polyethylene (LDPE) can liners, high density polyethylene (HDPE) and low density polyethylene (LDPE) die cut bags, patch handle and soft loop bags, wicket bags, security bags, mailers and e-commerce bags, film roll stock for packaging, zipper bags in the nature of food storage zipper bags for packaging use, polypropylene (PP) non-woven and mesh bags; General purpose plastic bags, namely, high density polyethylene (HDPE) T-shirts bags, and high density polyethylene (HDPE) and low density polyethylene (LDPE) trash can liners; paper products, namely, Kraft paper bags, Kraft paper rolls, toilet tissue, kitchen paper towels, paper napkins, junior bath tissue, hard-wound roll paper-towels, paper products, namely, paper bags for merchandise packaging, paper bags for household use; Plastic products, namely, high density polyethylene (HDPE) and low density polyethylene (LDPE) die cut shopping bags; plastic patch handle and soft loop shopping bags; plastic wicket bags for merchandise packaging; plastic security mailers and e-commerce bags in the nature of plastic envelopes for mailing or packaging; Plastic products, namely, film roll stock for packaging; plastic zipper bags for packaging, namely, household food storage zipper bags for packaging use; plastic bags for household use, namely, polypropylene (PP) non-woven and plastic mesh bags; paper products, namely, kraft paper bags, kraft paper rolls stock for packaging, toilet tissue, kitchen paper towels, paper napkins, junior bathroom tissue, hard-wound roll paper-towels; paper products, namely, paper bags for merchandise packaging, paper bags for household useClass 016 for General purpose plastic bags, namely, high density polyethylene (HDPE) T-shirts bags, and high density polyethylene (HDPE) and low density polyethylene (LDPE) trash can liners; Plastic products, namely, high density polyethylene (HDPE) and low density polyethylene (LDPE) die cut shopping bags; plastic patch handle and soft loop shopping bags; plastic wicket bags for merchandise packaging; plastic security mailers and e-commerce bags in the nature of plastic envelopes for mailing or packaging; Plastic products, namely, film roll stock for packaging; plastic zipper bags for packaging, namely, household food storage zipper bags for packaging use; plastic bags for household use, namely, polypropylene (PP) non-woven and plastic mesh bags; paper products, namely, kraft paper bags, kraft paper rolls stock for packaging, toilet tissue, kitchen paper towels, paper napkins, junior bathroom tissue, hard-wound roll paper-towels; paper products, namely, paper bags for merchandise packaging, paper bags for household use
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/30/2017 and first used in commerce at least as early as 01/30/2017 , and is now in use in such commerce.
In International Class 016, the mark was first used at least as early as 01/30/2017 and first used in commerce at least as early as 01/30/2017.

Applicant hereby submits one(or more) specimen(s) for Class 016. The specimen(s) submitted consists of The attached images are screenshots of the Applicant's website showing the mark in use in connection with the promotion and sale of the goods. The screenshots show that the website is place where the products can be "shopped" for and shows how particular items may be selected, that various options that are available, and the manner in which a sales transaction is commenced. Once the quote request is submitted by the consumer and is received by Applicant's representatives, the representative contacts the consumer to finalize the sales transaction..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-26001700d40070e0788da1715689fbb0-20200311155746265942_._Substitute_Specimen.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following:
Current: Class 021 for Plastic cups, paper cone cups
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2016 and first used in commerce at least as early as 10/10/2016 , and is now in use in such commerce.

Proposed: Class 021 for Plastic cups, paper cone cups
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/28/2017 and first used in commerce at least as early as 02/28/2017 , and is now in use in such commerce.
In International Class 021, the mark was first used at least as early as 02/28/2017 and first used in commerce at least as early as 02/28/2017.

Applicant hereby submits one(or more) specimen(s) for Class 021. The specimen(s) submitted consists of The attached images are screenshots of the Applicant's website showing the mark in use in connection with the promotion and sale of the goods. The screenshots show that the website is place where the products can be "shopped" for and shows how particular items may be selected, that various options that are available, and the manner in which a sales transaction is commenced. Once the quote request is submitted by the consumer and is received by Applicant's representatives, the representative contacts the consumer to finalize the sales transaction..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU1-26001700d40070e0788da1715689fbb0-20200311160905403109_._Substitute_Speciment_CL_21.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following:
Current: Class 022 for Plastic security bags, namely, security bags to store and transport cash, bills of exchange and other valuables
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2016 and first used in commerce at least as early as 10/10/2016 , and is now in use in such commerce.

Proposed: Class 022 for Plastic security bags, namely, security bags to store and transport cash, bills of exchange and other valuables
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/31/2017 and first used in commerce at least as early as 08/31/2017 , and is now in use in such commerce.
In International Class 022, the mark was first used at least as early as 08/31/2017 and first used in commerce at least as early as 08/31/2017.

Applicant hereby submits one(or more) specimen(s) for Class 022. The specimen(s) submitted consists of The attached images are screenshots of the Applicant's website showing the mark in use in connection with the promotion and sale of the goods. The screenshots show that the website is place where the products can be "shopped" for and shows how particular items may be selected, that various options that are available, and the manner in which a sales transaction is commenced. Once the quote request is submitted by the consumer and is received by Applicant's representatives, the representative contacts the consumer to finalize the sales transaction..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU2-26001700d40070e0788da1715689fbb0-20200311160905403109_._Substitute_Speciment_CL_22.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: TRADEPRO PRODUCTS, LLC, a limited liability company legally organized under the laws of Florida,
Proposed: TRADEPRO PRODUCTS, LLC, a limited liability company legally organized under the laws of Florida,
      Email Address: manuela@solupac.com

The owner's/holder's current attorney information: Erica Canas, Esq.. Erica Canas, Esq. of LAW OFFICE OF ERICA CANAS, P.A., is located at

      2601 SOUTH BAYSHORE DRIVE, SUITE 1100
      MIAMI, Florida 33133
      United States
      The email address is erica@eclawpa.com

The owner's/holder's proposed attorney information: Erica Canas, Esq.. Erica Canas, Esq. of LAW OFFICE OF ERICA CANAS, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2601 SOUTH BAYSHORE DRIVE, SUITE 1100
      MIAMI, Florida 33133
      United States
      The email address is erica@eclawpa.com

Erica Canas, Esq. 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):
      ERICA CANAS, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: erica@eclawpa.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ericacanas@gmail.com
Correspondence Information (proposed):
      Erica Canas, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: erica@eclawpa.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ericacanas@gmail.com

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 stylized word "SOLUPAC" where the letter "S" consists of a green swirl-shape. The remaining letters are gray and in a bold sans serif font.

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: /Steven Schmutter/      Date: 03/12/2020
Signatory's Name: Steven Schmutter
Signatory's Position: Managing Member
Signatory's Phone Number: 305.892.2800


Response Signature
Signature: /Erica Canas/     Date: 03/12/2020
Signatory's Name: Erica Canas
Signatory's Position: Attorney of Record, Member of the Florida Bar

Signatory's Phone Number: 3053608659

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:    ERICA CANAS, ESQ.
   LAW OFFICE OF ERICA CANAS, P.A.
   
   2601 SOUTH BAYSHORE DRIVE, SUITE 1100
   MIAMI, Florida 33133
Mailing Address:    Erica Canas, Esq.
   LAW OFFICE OF ERICA CANAS, P.A.
   2601 SOUTH BAYSHORE DRIVE, SUITE 1100
   MIAMI, Florida 33133
        
Serial Number: 88527139
Internet Transmission Date: Thu Mar 12 14:01:25 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200312140125969379-88527139-
7102c90c71e7756e90fe7887f129c8a9fccab2aa
835eab4e730146014f8711d1-N/A-N/A-2020031
1160905403109