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

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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. 90109128 ALTA(Standard Characters, see http://uspto.report/TM/90109128/mark.png) has been amended as follows:

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

The Office Action identifies a prior pending application, App. Ser. No. 90077593. A Notice of Abandonment was issued against that application on June 1, 2021. Upon abandonment, the Applicant respectfully requests that the subject application proceed to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 010 for Medical apparel in the nature of scrub tops, scrub pants, scrub jackets, scrub vests

Applicant hereby adds the following class of goods/services to the application:
New: Class 025 (Original Class: 010 ) for Medical apparel, namely scrub tops, scrub pants, scrub jackets, scrub vests; all of the foregoing not for surgical purposes.
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.

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

Correspondence Information (current):
      MATTHEW A. BARLOW
      PRIMARY EMAIL FOR CORRESPONDENCE: mbarlow@wnlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pwarner@wnlaw.com; docketing@wnlaw.com

The docket/reference number is 22515.1.
Correspondence Information (proposed):
      Matthew A. Barlow
      PRIMARY EMAIL FOR CORRESPONDENCE: mbarlow@wnlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pwarner@wnlaw.com; docketing@wnlaw.com

The docket/reference number is 22515.1.

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: /Matthew A. Barlow/     Date: 06/07/2021
Signatory's Name: Matthew A. Barlow
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: 8015339800 Signature method: Signed directly within the form

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:    MATTHEW A. BARLOW
   WORKMAN NYDEGGER
   
   60 E. SOUTH TEMPLE, SUITE 1000
   SALT LAKE CITY, Utah 84111
Mailing Address:    Matthew A. Barlow
   WORKMAN NYDEGGER
   60 E. SOUTH TEMPLE, SUITE 1000
   SALT LAKE CITY, Utah 84111
        
Serial Number: 90109128
Internet Transmission Date: Mon Jun 07 12:18:22 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2021060712182296
9354-90109128-780a78edbcdc38dfbdbdb9c56f
7b5359bad3257535c0086e21d6dd9e9b7efce60-
N/A-N/A-20210607120650310730