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. 88575787 SLÁINTE(Standard Characters, see http://uspto.report/TM/88575787/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Water; Waters; Bottled water; Table water; Tonic water; Aerated water; Carbonated water; Aerated water; Sparkling water; Mineral water; Soda water; Drinking water; Flavoured waters; Still waters; Waters; Ginger ale
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Ireland application number 2019/00704 filed 04/10/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Water; Carbonated waters; Bottled water; Table water; Tonic water; Aerated water; Carbonated water; Aerated water; Sparkling water; Mineral water; Soda water; Drinking water; Flavoured waters; Still waters; Waters; Waters; Ginger aleClass 032 for Carbonated waters; Bottled water; Table water; Tonic water; Aerated water; Carbonated water; Aerated water; Sparkling water; Mineral water; Soda water; Drinking water; Flavoured waters; Still waters; Waters; Ginger ale
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Ireland application number 2019/00704 filed 04/10/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: John Hegarty, a citizen of Ireland, having an address of
      
      c/o Keats Gatien, LLP120 S. El Camino Dr., Suite 207
      Beverly Hills, California 90212
      United States

      uspto@keatsgatien.com (not authorized)
      424-302-0712
Proposed: Hegarty, John, a citizen of Ireland, having an address of
      
      Nenagh Road
      Thurles, Co. Tipperary, E41 Y512
      Ireland
      
      

The applicant's current attorney information: Konrad Gatien. Konrad Gatien of KEATS GATIEN, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      120 S. EL CAMINO DR., SUITE 207
      BEVERLY HILLS, California 90212
      US

The phone number is 424-302-0717.

The email address is uspto@keatsgatien.com

The applicants proposed attorney information: Konrad Gatien. Konrad Gatien of KEATS GATIEN, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      120 S. EL CAMINO DR., SUITE 207
      BEVERLY HILLS, California 90212
      United States

The phone number is 424-302-0717.

The email address is uspto@keatsgatien.com

Konrad Gatien 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: KONRAD GATIEN. KONRAD GATIEN of KEATS GATIEN, LLP, is located at

      120 S. EL CAMINO DR., SUITE 207
      BEVERLY HILLS, California 90212
      US

The phone number is 424-302-0717.

The email address is uspto@keatsgatien.com

The applicants proposed correspondence information: Konrad Gatien. Konrad Gatien of KEATS GATIEN, LLP, is located at

      120 S. EL CAMINO DR., SUITE 207
      BEVERLY HILLS, California 90212
      United States

The phone number is 424-302-0717.

The email address is uspto@keatsgatien.com

ADDITIONAL STATEMENTS
Translation
The English translation of SLÁINTE in the mark is HEALTH.


Miscellaneous Statement
Applicant respectfully informs the Examining Attorney that the foreign application is still pending and requests that the U.S. application be suspended until a copy of the foreign registration is available.


SIGNATURE(S)
Response Signature
Signature: /s/     Date: 11/23/2019
Signatory's Name: Konrad Gatien
Signatory's Position: Attorney

Signatory's Phone Number: 4243020717

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:    KONRAD GATIEN
   KEATS GATIEN, LLP
   
   120 S. EL CAMINO DR., SUITE 207
   BEVERLY HILLS, California 90212
Mailing Address:    Konrad Gatien
   KEATS GATIEN, LLP
   120 S. EL CAMINO DR., SUITE 207
   BEVERLY HILLS, California 90212
        
Serial Number: 88575787
Internet Transmission Date: Sat Nov 23 14:03:42 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXX-20191123140342305558-88575787-7
0017307dd513b6265854b05bcccd453342b7a5c8
27dc1ecfd3c8c723c69aba-N/A-N/A-201911231
35347215541