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. 90376285 SMOOTHEE(Standard Characters, see http://uspto.report/TM/90376285/mark.png) has been amended as follows:

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

Please see the argument attached in the Evidence section.

EVIDENCE
Evidence has been attached: The evidence consists of the argument and exhibits to support the argument.
Original PDF file:
evi_209242145130-20210914 162354869453_._2021_09-14 _SMOOTHEE_Response_to_Off ice_Action.pdf
Converted PDF file(s) ( 29 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 021 for All purpose portable household containers; Containers for household or kitchen use; Glass storage jars; Medication containers for personal use; Plastic storage containers for household or domestic use
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 09/01/2017 and first used in commerce at least as early as 09/30/2019 , and is now in use in such commerce.


Proposed:
Class 021 for All purpose portable household containers; Containers for household or kitchen use; Glass storage jars; Medication containers for personal use; Plastic storage containers for household or domestic use
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 09/01/2017 and first used in commerce at least as early as 09/30/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021. The specimen(s) submitted consists of The specimen consists of the subject mark in association with the goods. In addition, the specimen includes screenshots from the Applicant's website containing the subject mark in association with the goods..
"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].
Original PDF file:
SPU0-209242145130-2021091 4162354869453_._SMOOTHEE_ Specimen_5401098.1_.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3


Webpage URL: www.getsmoothee.com
Webpage Date of Access: 09/10/2021

The owner's/holder's proposed attorney information: Mainak H. Mehta. Other appointed attorneys are Lisa Teixeira Agueda. Mainak H. Mehta of Procopio, Cory, Hargreaves & Savitch LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      525 B Street, Suite 2200
      San Diego, California 92101
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 12951201US01.
      The phone number is 650-645-9010.
      The fax number is 619-235-0398.
      The email address is docketing@procopio.com

Mainak H. Mehta submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      SMOOTHEE, INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: team@getsmoothee.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): matthew@technoverde.com
Correspondence Information (proposed):
      Mainak H. Mehta
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@procopio.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): miku.mehta@procopio.com; lisa.agueda@procopio.com; patentteam@procopio.com; emily.andelson@procopio.com

The docket/reference number is 12951201US01.

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: /Lisa Teixeira Agueda/      Date: 09/14/2021
Signatory's Name: Lisa Teixeira Agueda
Signatory's Position: Attorney of Record, California State Bar
Signatory's Phone Number: 650-645-9044

Signature method: Sent to third party for signature

Response Signature
Signature: /Lisa Teixeira Agueda/     Date: 09/14/2021
Signatory's Name: Lisa Teixeira Agueda
Signatory's Position: Attorney of Record, Procopio, CA Bar Member
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:    SMOOTHEE, INC.
   
   
   2000 ALLSTON WAY PO BOX 548
   BERKELEY, California 94709
Mailing Address:    Mainak H. Mehta
   Procopio, Cory, Hargreaves & Savitch LLP
   525 B Street, Suite 2200
   San Diego, California 92101
        
Serial Number: 90376285
Internet Transmission Date: Tue Sep 14 19:35:04 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20210914193504
553563-90376285-781278ea44d19b87a4aa570e
0e72267e717672e38fa9e6131bf527659c46a31e
-N/A-N/A-20210914162354869453