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. 90136100 CENTRUM (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9013610 0/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 032 for Fruit drinks; Mineral and aerated water; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic fruit extracts used in the preparation of beverages; Preparations for making beverages, namely, energy drinks, and fruit drinks; Sports drinks enhanced with vitamins, minerals, nutrients; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; Non-alcoholic beverages containing fruit juices
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: Fruit drinks; Mineral and aerated water; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic fruit extracts used in the preparation of beverages; Preparations for making beverages, namely, energy drinks, and fruit drinks; concentrates, syrups and powders used in the preparation of energy drinks and fruit drinks; Sports drinks enhanced with vitamins, minerals, nutrients; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; Non-alcoholic beverages containing fruit juicesClass 032 for Fruit drinks; Mineral and aerated water; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic fruit extracts used in the preparation of beverages; concentrates, syrups and powders used in the preparation of energy drinks and fruit drinks; Sports drinks enhanced with vitamins, minerals, nutrients; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements
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


ADDITIONAL STATEMENTS
Color Claim
The color(s) red, orange, yellow, green, blue, purple, and black is/are claimed as a feature of the mark.

Description of mark
The mark consists of the wording CENTRUM in black above a horizontal oblong band containing a spectrum of colors starting with dark red, then red, then dark orange, then orange, then dark yellow, then yellow, then green, then dark green, then blue, then dark blue, then purple adjacent to three purple dots, all on a transparent background. The color white in the mark is meant to represent transparent background area and is not claimed as a feature of the mark.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1115936, 1883293, 2358143, and others.

Correspondence Information (current):
      Arrielle Millstein
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@gsk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 83120325.
Correspondence Information (proposed):
      Arrielle Millstein
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@gsk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): LBP.TM@gsk.com

The docket/reference number is 83120325.

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: /ASM/      Date: 06/02/2021
Signatory's Name: Arrielle Millstein
Signatory's Position: Attorney of record, New Jersey Bar member
Signatory's Phone Number: 12013707293

Signature method: Sent to third party for signature

Response Signature
Signature: /ASM/     Date: 06/02/2021
Signatory's Name: Arrielle Millstein
Signatory's Position: Attorney of record, NJ Bar Member

Signatory's Phone Number: 2013707293 Signature method: Sent to third party for signature

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:    Arrielle Millstein
   GSK
   WNJ0200
   184 Liberty Corner Road
   Warren, New Jersey 07059
Mailing Address:    Arrielle Millstein
   GSK
   WNJ0200
   184 Liberty Corner Road
   Warren, New Jersey 07059
        
Serial Number: 90136100
Internet Transmission Date: Wed Jun 02 15:08:01 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-202106021508012921
51-90136100-7803f9365a6ee715c9bcffa77e42
aed65b266cbbff61e26c7377a19b94adeb7a3c-N
/A-N/A-20210602140000224808