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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88746538 |
LAW OFFICE ASSIGNED |
LAW OFFICE 118 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
PUREFIT |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (032) (current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
High-protein beverages, namely smoothies, shakes, and milk, enriched with vegan protein |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032) (proposed) |
INTERNATIONAL CLASS |
032 |
TRACKED TEXT DESCRIPTION |
High-protein beverages, namely smoothies, shakes, and milk, enriched with vegan protein;
High-protein beverages, namely, smoothies enriched with vegan protein |
FINAL DESCRIPTION |
High-protein beverages, namely, smoothies enriched with vegan protein |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (029)(class added) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
High-protein beverages, namely milk shakes and milk, enriched with vegan protein |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
Colin C. Holley |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
cholley@watttieder.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
mhittner@watttieder.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Colin C. Holley |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
cholley@watttieder.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
mhittner@watttieder.com |
PAYMENT SECTION |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
NUMBER OF CLASSES |
1 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Colin C. Holley/ |
SIGNATORY'S NAME |
Colin C. Holley |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
(949) 718-6700 |
DATE SIGNED |
04/29/2020 |
RESPONSE SIGNATURE |
/Colin C. Holley/ |
SIGNATORY'S NAME |
Colin C. Holley |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
(949) 852-6700 |
DATE SIGNED |
04/29/2020 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Apr 29 14:22:44 ET 2020 |
TEAS STAMP |
USPTO/RFR-XX.X.XXX.XX-202
00429142244895289-8874653
8-7102693d2725b7ccbda4c27
be50dd6f6491735dfb394cc5b
3955317bbf36f2fb57d-CC-22
439230-202004291413167862
83 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88746538 PUREFIT(Standard Characters, see http://uspto.report/TM/88746538/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 032 for High-protein beverages, namely smoothies, shakes, and milk, enriched with vegan protein
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: High-protein beverages, namely smoothies, shakes, and milk, enriched with vegan protein;
High-protein beverages, namely, smoothies enriched with vegan proteinClass 032 for High-protein beverages, namely, smoothies enriched with vegan protein
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 029 for High-protein beverages, namely milk shakes and milk, enriched with vegan protein
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.
Correspondence Information (current):
Colin C. Holley
PRIMARY EMAIL FOR CORRESPONDENCE: cholley@watttieder.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mhittner@watttieder.com
Correspondence Information (proposed):
Colin C. Holley
PRIMARY EMAIL FOR CORRESPONDENCE: cholley@watttieder.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mhittner@watttieder.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).
FEE(S)
Fee(s) in the amount of $275 is being submitted.
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: /Colin C. Holley/ Date: 04/29/2020
Signatory's Name: Colin C. Holley
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: (949) 718-6700
Request for Reconsideration Signature
Signature: /Colin C. Holley/ Date: 04/29/2020
Signatory's Name: Colin C. Holley
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: (949) 852-6700
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Mailing Address: Colin C. Holley
WATT, TIEDER, HOFFAR & FITZGERALD, LLP
4 PARK PLAZA, SUITE 1000
IRVINE, California 92614
Mailing Address: Colin C. Holley
WATT, TIEDER, HOFFAR & FITZGERALD, LLP
4 PARK PLAZA, SUITE 1000
IRVINE, California 92614
RAM Sale Number: 88746538
RAM Accounting Date: 04/29/2020
Serial Number: 88746538
Internet Transmission Date: Wed Apr 29 14:22:44 ET 2020
TEAS Stamp: USPTO/RFR-XX.X.XXX.XX-202004291422448952
89-88746538-7102693d2725b7ccbda4c27be50d
d6f6491735dfb394cc5b3955317bbf36f2fb57d-
CC-22439230-20200429141316786283