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. 88583984 INFINITY BLUE WATER (Stylized and/or with Design, see http://uspto.report/TM/88583984/mark.png) has been amended as follows:

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



EVIDENCE
Evidence in the nature of Response to Office Action and supporting documents has been attached.
Original PDF file:
evi_82112915-20191216113142428031_._FROA_88583984_12162019.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_82112915-20191216113142428031_._Exhibit_A.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_82112915-20191216113142428031_._Exhibit_B.pdf
Converted PDF file(s) ( 22 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for water; bottled water; bottled water from the blue zone of Costa Rica
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: water; drinking water; bottled water; bottled water from the blue zone of Costa RicaClass 032 for drinking water; bottled water; bottled water from the blue zone of Costa Rica
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: Jill Sarnoff Riola. Jill Sarnoff Riola of CARLTON FIELDS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      200 S. ORANGE AVE.
      ORLANDO, Florida 32801
      US
The docket/reference number is 14179-39920.

The phone number is 407-244-8246.

The email address is jriola@carltonfields.com

The applicants proposed attorney information: Jill Sarnoff Riola. Jill Sarnoff Riola of CARLTON FIELDS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      200 S. ORANGE AVE.
      ORLANDO, Florida 32801
      United States
The docket/reference number is 14179-39920.

The phone number is 407-244-8246.

The email address is jriola@carltonfields.com

Jill Sarnoff Riola 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: JILL SARNOFF RIOLA. JILL SARNOFF RIOLA of CARLTON FIELDS, is located at

      200 S. ORANGE AVE.
      ORLANDO, Florida 32801
      US
The docket/reference number is 14179-39920.

The phone number is 407-244-8246.

The email address is jriola@carltonfields.com; dcarlucci@carltonfields.com; trademarks@carltonfields.com

The applicants proposed correspondence information: Jill Sarnoff Riola. Jill Sarnoff Riola of CARLTON FIELDS, is located at

      200 S. ORANGE AVE.
      ORLANDO, Florida 32801
      United States
The docket/reference number is 14179-39920.

The phone number is 407-244-8246.

The email address is trademarks@carltonfields.com; cstreb@carltonfields.com; dcarlucci@carltonfields.com; jriola@carltonfields.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording INFINITY BLUE WATER and design; the wording and design are in blue; the term INFINITY appears above the design and the wording BLUE WATER appears below the design; the design has the top left curve beginning in a dark blue point and broadening until it reaches the mid-point of the descent and then narrowing and turning a lighter shade of blue as it curves back around and under the mid-point of the descending line and then forms a fanciful wave design as the bottom left curve, with the wave edges in dark blue and the middle in the lighter blue; and the off white in the drawing represents background and is not part of the mark.

Significance of wording, letter(s), or numeral(s)
BLUE appearing in the mark means or signifies or is a term of art for "blue zones" in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application.


SIGNATURE(S)
Response Signature
Signature: /jill sarnoff riola/     Date: 12/16/2019
Signatory's Name: Jill Sarnoff Riola
Signatory's Position: Attorney of Record, FL Bar Member

Signatory's Phone Number: 407-244-8246

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:    JILL SARNOFF RIOLA
   CARLTON FIELDS
   
   200 S. ORANGE AVE.
   ORLANDO, Florida 32801
Mailing Address:    Jill Sarnoff Riola
   CARLTON FIELDS
   200 S. ORANGE AVE.
   ORLANDO, Florida 32801
        
Serial Number: 88583984
Internet Transmission Date: Mon Dec 16 11:44:38 EST 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XX-201912161144388087
81-88583984-7008336119069c0614953aac3842
96f3aef2e1812c88765fb6d0b7905a837fd530-N
/A-N/A-20191216113142428031