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. 88498543 ELECTRA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88498543/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 032 for Aloe juice beverages; Aloe vera drinks; Bottled artesian water; Bottled drinking water; Bottled water; Carbonated water; Carbonated waters; Cider, non-alcoholic; Club soda; Cocktails, non-alcoholic; Coconut water; Coffee-flavored soft drinks; Colas; Distilled drinking water; Drinking water; Drinking water with vitamins; Drinking waters; Energy drinks; Energy drinks enhanced with hemp; Energy drinks enhanced with cbd; Flavored bottled water; Flavored enhanced water; Flavored waters; Flavoured mineral water; Fruit beverages; Fruit flavored soft drinks; Fruit juice; Fruit juice bases; Fruit juices; Fruit juices and fruit drinks; Fruit smoothies; Fruit-based beverages; Isotonic drinks; Isotonic non-alcoholic drinks; Lemonade; Lemonades; Low calorie soft drinks; Low-calorie soft drinks; Mineral water; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages flavoured with coffee; Non-alcoholic beverages with tea flavor; Non-alcoholic cocktails; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic water-based beverages; Non-alcoholized wines; Purified bottled drinking water; Purified drinking water; Smoothies; Smoothies; Soft drinks flavored with tea; Soft drinks, namely, sodas; Soya-based beverages, other than milk substitutes; Sparkling water; Sports drinks; Sports drinks containing electrolytes; Sports drinks enhanced with vitamins; Sports drinks enhanced with minerals; Sports drinks, namely, energy drinks; Sports drinks, namely, performance drinks; Sports drinks, namely, recovery drinks; Spring water; Still water; Table waters; Tonic water; Water beverages
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: Aloe juice beverages; Aloe vera drinks; Bottled artesian water; Bottled drinking water; Bottled water; Carbonated water; Carbonated waters; Cider, non-alcoholic; Club soda; Cocktails, non-alcoholic; Coconut water; Coffee-flavored soft drinks; Colas; Distilled drinking water; Drinking water; Drinking water with vitamins; Drinking waters; Energy drinks; Energy drinks enhanced with hemp; Flavored bottled water; Energy drinks enhanced with cbd; Flavored enhanced water; Flavored waters; Flavoured mineral water; Fruit beverages; Fruit flavored soft drinks; Fruit juice; Fruit juice bases; Fruit juices; Fruit juices and fruit drinks; Fruit smoothies; Fruit-based beverages; Isotonic drinks; Isotonic non-alcoholic drinks; Lemonade; Lemonades; Low calorie soft drinks; Low-calorie soft drinks; Mineral water; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages flavoured with coffee; Non-alcoholic beverages with tea flavor; Non-alcoholic cocktails; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic water-based beverages; Non-alcoholized wines; Purified bottled drinking water; Purified drinking water; Smoothies; Soft drinks flavored with tea; Soft drinks, namely, sodas; Smoothies; Soya-based beverages, other than milk substitutes; Sparkling water; Sports drinks; Sports drinks containing electrolytes; Sports drinks enhanced with vitamins; Sports drinks enhanced with minerals; Sports drinks, namely, energy drinks; Sports drinks, namely, performance drinks; Sports drinks, namely, recovery drinks; Spring water; Still water; Table waters; Tonic water; Water beveragesClass 032 for Aloe juice beverages; Aloe vera drinks; Bottled artesian water; Bottled drinking water; Bottled water; Carbonated water; Carbonated waters; Cider, non-alcoholic; Club soda; Cocktails, non-alcoholic; Coconut water; Coffee-flavored soft drinks; Colas; Distilled drinking water; Drinking water; Drinking water with vitamins; Drinking waters; Energy drinks; Flavored bottled water; Flavored enhanced water; Flavored waters; Flavoured mineral water; Fruit beverages; Fruit flavored soft drinks; Fruit juice; Fruit juice bases; Fruit juices; Fruit juices and fruit drinks; Fruit smoothies; Fruit-based beverages; Isotonic drinks; Isotonic non-alcoholic drinks; Lemonade; Lemonades; Low calorie soft drinks; Low-calorie soft drinks; Mineral water; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages flavoured with coffee; Non-alcoholic beverages with tea flavor; Non-alcoholic cocktails; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic water-based beverages; Non-alcoholized wines; Purified bottled drinking water; Purified drinking water; Smoothies; Soft drinks flavored with tea; Soft drinks, namely, sodas; Soya-based beverages, other than milk substitutes; Sparkling water; Sports drinks; Sports drinks containing electrolytes; Sports drinks enhanced with vitamins; Sports drinks enhanced with minerals; Sports drinks, namely, energy drinks; Sports drinks, namely, performance drinks; Sports drinks, namely, recovery drinks; Spring water; Still water; Table waters; Tonic water; Water beverages
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):
      FRAN HARRIS ENTERPRISES, LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: fran@franharris.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Fran Harris Enterprises, LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: fran@franharris.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): eric.adler@egannelson.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).

SIGNATURE(S)
Response Signature
Signature: /Eric Adler/     Date: 08/17/2020
Signatory's Name: Eric Adler
Signatory's Position: Attorney of Record, WA Bar

Signatory's Phone Number: 2067531450

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:    FRAN HARRIS ENTERPRISES, LLC
   FRAN HARRIS ENTERPRISES, LLC
   8127 MESA DR
   STE B206, #165
   AUSTIN, Texas 78759
Mailing Address:    Fran Harris Enterprises, LLC
   8127 Mesa Dr
   Ste B206, #165
   AUSTIN, Texas 78759
        
Serial Number: 88498543
Internet Transmission Date: Tue Aug 18 01:30:25 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202008180130254
40205-88498543-74054da7ef6655625c876ace8
3aa4ac1b62af8098d9eba27f30c2dfba37f75b20
c0-N/A-N/A-20200818012002581260