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. 90514000 SPRIG(Standard Characters, see http://uspto.report/TM/90514000/mark.png) has been amended as follows:

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

Applicant is filing concurrently herewith a request that the goods in Class 11 and newly added 21 be divided out into a new child application. In the same request, Applicant further requests that the amended Class 3 goods remain in the parent application. Applicant has petitioned to cancel the cited registration for SPRIG (Reg. No. 4958322) in Cancellation Proceeding No. 92078254. Applicant has attached a copy of the Petition to Cancel. Accordingly, Applicant requests that the parent application with respect to Class 3 be suspended, while the child application (Classes 11 and 21) be allowed following division.

EVIDENCE
Evidence has been attached: Petition to Cancel Reg. No. 4958322 for SPRIG by The Thymes, LLC
Original PDF file:
evi_204911723-20220131205 811230602_._ttabvue-92078 254-CAN-1.pdf
Converted PDF file(s) ( 11 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Essential oils; fragrances; non-medicated skin care treatments
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Essential oils; fragrances; non-medicated skin care treatments; non-medicated skin care preparationsClass 003 for Essential oils; fragrances; non-medicated skin care preparations
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 011 for Plumbing products, namely, shower and faucet attachments
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Plumbing products, namely, shower and faucet attachments; Shower attachments, namely, shower headsClass 011 for Shower attachments, namely, shower heads
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant hereby adds the following class of goods/services to the application:
New: Class 021 for Shower attachments, namely, non-electric aromatherapy and essential oil diffusers for use in the shower.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


The owner's/holder's current attorney information: Bradley L. Cohn. Bradley L. Cohn of PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      200 S. WACKER DRIVE, SUITE 2900
      CHICAGO, Illinois 60606
      United States
      The phone number is 312-554-8000.
      The fax number is 312-554-8015.
      The email address is blc@pattishall.com
Correspondence Information (current):
      BRADLEY L. COHN
      PRIMARY EMAIL FOR CORRESPONDENCE: blc@pattishall.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sxs@pattishall.com; pam@pattishall.com
Correspondence Information (proposed):
      Bradley L. Cohn
      PRIMARY EMAIL FOR CORRESPONDENCE: blc@pattishall.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sxs@pattishall.com; pam@pattishall.com; ntp@pattishall.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).

FEE(S)
Fee(s) in the amount of $350 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Novaira T. Paul/     Date: 01/31/2022
Signatory's Name: Novaira T. Paul
Signatory's Position: Associate Attorney, Pattishall McAuliffe

Signatory's Phone Number: 3125548000 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:    BRADLEY L. COHN
   PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDS
   
   200 S. WACKER DRIVE, SUITE 2900
   CHICAGO, Illinois 60606
Mailing Address:    Bradley L. Cohn
   PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDS
   200 S. WACKER DRIVE, SUITE 2900
   CHICAGO, Illinois 60606
        
PAYMENT: 90514000
PAYMENT DATE: 01/31/2022
        
Serial Number: 90514000
Internet Transmission Date: Mon Jan 31 21:09:29 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20220131210929360
498-90514000-80033248f72358c38a8b1d39818
c351d0048d3d3b607ad48ad6c868b25a677cbb-D
A-09273668-20220131205811230602