Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88899011 BEYOND(Standard Characters, see http://uspto.report/TM/88899011/mark.png) has been amended as follows:

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

Mark : BEYOND Serial No. : 88899011 Additional Information 1. The original specimen was on a package of steel cut oats actually sold. 2. The specimen was the mark printed on an actual package sold. The image of the specimen originally submitted was an actual image of a product sold on 29 April 2020. The labels shown in the attached image were also used on packaging for the goods for sale in larger quantities on 29 April 2020. 3. Initial sales are direct sales via internet directly to the customers. 4. Goods are advertised and sold directly to the customers. The goods are shipped via UPS or USPS. A photo of the goods in alternative containers, glass jars and paper bags, showing the mark, is attached to this response. 5. The goods were available for purchase before 29 April 2020. The first sale occurred on 29 April 2020. The goods continue to be available for sale in the same environment. Orders continue to be placed for the goods. 6. The total sales so far within the United States is $819. This is a start-up business. It is expected that sales will increase as marketing is increased. Demand for the goods is increasing. Attached are 15 invoices for the goods. Applicant asserts the above information satisfies the Response Option 1 contained in the Office Action, establishing that the original specimen was actually used in commerce as of the filing date of the application. Applicant further asserts that all outstanding objections have been obviated, and therefore respectfully requests allowance of this application.

EVIDENCE
Evidence has been attached: Invoices showing the mark as used in commerce. Image of alternative packaging of the goods showing the mark.
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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 030 for Corn flour; Corn flour; Corn meal; Corn, milled; Oatmeal; Wheat flour; Wheat flour; Crushed oats; Husked oats; Processed oats; Processed wheat; Steel cut oats
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 04/29/2020 and first used in commerce at least as early as 04/29/2020 , and is now in use in such commerce.


Proposed:
Class 030 for Corn flour; Corn flour; Corn meal; Corn, milled; Oatmeal; Wheat flour; Wheat flour; Crushed oats; Husked oats; Processed oats; Processed wheat; Steel cut oats
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 04/29/2020 and first used in commerce at least as early as 04/29/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 030. The specimen(s) submitted consists of Label on alternative packaging..
"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].
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      KEITH ORUM
      PRIMARY EMAIL FOR CORRESPONDENCE: keithorum@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): keith@orum.us

The docket/reference number is 25013.
Correspondence Information (proposed):
      keith orum
      PRIMARY EMAIL FOR CORRESPONDENCE: keithorum@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): keith@orum.us

The docket/reference number is 25013.

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).

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: /Keith Orum/      Date: 01/28/2021
Signatory's Name: Keith Orum
Signatory's Position: Owner
Signature method: Signed directly within the form

Response Signature
Signature: /Keith Orum/     Date: 01/28/2021
Signatory's Name: Keith Orum
Signatory's Position: Owner
Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    KEITH ORUM
   ORUM
   
   S819 LOVERS LANE
   ELROY, Wisconsin 53929
Mailing Address:    keith orum
   ORUM
   S819 LOVERS LANE
   ELROY, Wisconsin 53929
        
Serial Number: 88899011
Internet Transmission Date: Thu Jan 28 23:30:03 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202101282330032
44352-88899011-76022635e9470599fd92a40aa
f7a3e8182da6419dd61ca291c4285b27615aa-N/
A-N/A-20210128225538260566