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. 90907003 REFRESH(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/90907003/large) has been amended as follows:

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

Applicant responds to the Examining Attorney's Office action dated December 15, 2023 concurrently with a filing of an Allegation of Use and Request to Divide for the refused goods, namely, "Chewing gum; energy mints; mints for breath freshening" in Class 030 to list them as in use and amending those goods to the Supplemental Register in this response. Applicant has filed the Allegation of Use for the refused goods in Class 030, per the Examining Attorney's Office action citing a Section 2(e)(1) Merely Descriptive refusal so those goods can proceed on the Supplemental Register and overcome the Section 2(e)(1) refusal, while keeping the remaining goods in Classes 050 and 030 under intent-to-use bases. As such, Applicant respectfully requests all goods be allowed to proceed to publication under their respective filing bases and the refusal against the cited goods in Class 030 be removed so the Application can proceed towards registration for all goods covered.

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.


Miscellaneous Statement
Applicant submits that the Supplemental Register amendment be applied only to the refused goods in the Examing Attorney's Office action dated December 15, 2023, namely, "Chewing gum; energy mints; mints for breath freshening" in Class 030. Applicant submits that the remaining goods in Classes 005 and 030 should proceed on the Principal Register as no amemdment to the Supplemental Register is requested for the non-refused goods since they were not a part of the Examining Attorney's Office action for the Section 2(e)(1) Merely Descriptive refusal.

Correspondence Information
      Ashley Rovner-Watson
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@amintalati.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ryan@amintalati.com; ashley@amintalati.com; angelah@amintalati.com

The docket/reference number is RXI-0003-US.

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: /Ashley Rovner-Watson/     Date: 02/21/2023
Signatory's Name: Ashley Rovner-Watson
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 3127841071 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:    Ashley Rovner-Watson
   Amin Talati Wasserman LLP
   
   549 W. Randolph St., Suite 400
   Chicago, Illinois 60661
Mailing Address:    Ashley Rovner-Watson
   Amin Talati Wasserman LLP
   549 W. Randolph St., Suite 400
   Chicago, Illinois 60661
        
Serial Number: 90907003
Internet Transmission Date: Tue Feb 21 11:53:50 ET 2023
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202302211153500131
50-90907003-8502623566f5ca973b289776ad9a
a5df47ab6e6e301a1154481b1b4f4da5e775b6-N
/A-N/A-20230221114133100032