`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Office Action
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION (current)
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR(S) CLAIMED
`(If applicable)
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`MARK SECTION (proposed)
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR MARK
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`PIXEL COUNT ACCEPTABLE
`
`PIXEL COUNT
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`86227254
`
`LAW OFFICE 114
`
`JUICED UP
`
`NO
`
`NO
`
`The color(s) RED, GREEN, BLUE, YELLOW, ORANGE, BLACK, AND
`OTHERS is/are claimed as a feature of the mark.
`
`The mark consists of THE WORD "JUICED" FOLLOWED BY A STYLIZED
`IMAGE OF A PERSON CONSISTING OF TWO CURVED UPWARDS
`ARROWS, ONE CURING TO THE RIGHT, THE OTHER TO THE LEFT,
`REPRESENTING ARMS AND LEGS, AND A CIRCLE REPRESENTING A
`HEAD, FOLLOWED BY THE WORD "UP".
`
`\\TICRS\EXPORT16\IMAGEOUT 16\862\272\86227254\xml6\ ROA0002.JPG
`
`JUICED UP
`
`NO
`
`NO
`
`NO
`
`The mark consists of THE WORD "JUICED" FOLLOWED BY A STYLIZED
`IMAGE OF A PERSON CONSISTING OF TWO CURVED UPWARDS
`ARROWS, ONE CURING TO THE RIGHT, THE OTHER TO THE LEFT,
`REPRESENTING ARMS AND LEGS, AND A CIRCLE REPRESENTING A
`HEAD, FOLLOWED BY THE WORD "UP".
`
`NO
`
`1555 x 646
`
`032
`
`Apple juice beverages; Coconut juice; Fruit beverages; Fruit concentrates and purees used as ingredients of beverages; Fruit drinks; Fruit
`drinks and fruit juices; Fruit drinks and juices; Fruit juice; Fruit juices; Fruit juices and fruit drinks; Fruit juices, namely, CANTALOUPE,
`HONEDYEW, WATERMELON, PINEAPPLE, GRAPE, ORANGE, GRAPEFRUIT, LEMON, LIME, APPLE, PEAR, STRAWBERRY,
`RASPBERRY, BLUEBERRY, BLACKBERRY, PEACH, PLUM, KIWI, MANGO, PAPAYA, BANANA, NECTARINE, juice; Fruit-based
`beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice; Grape juice beverages; Non-alcoholic beverages containing fruit
`juices; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic fruit juice beverages; Orange juice; Orange juice
`beverages; Pineapple juice beverages; Prepared entrees consisting of fruit drinks and fruit juices, fruit-based beverages, non-alcoholic
`beverages containing fruit juices, non-alcoholic fruit extracts used in the preparation of beverages, non-alcoholic fruit juice beverages,
`vegetable juices, vegetable-fruit juices and smoothies; Smoothies; Vegetable juice; Vegetable juices; Vegetable-fruit juices
`
`
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 12/20/2013
`
`At least as early as 12/20/2013
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`032
`
`Apple juice beverages; Coconut juice; Fruit beverages; Fruit concentrates and purees used as ingredients of beverages; Fruit drinks; Fruit
`drinks and fruit juices; Fruit drinks and juices; Fruit juice; Fruit juices; Fruit juices and fruit drinks; Fruit juices, namely, CANTALOUPE,
`HONEDYEW, WATERMELON, PINEAPPLE, GRAPE, ORANGE, GRAPEFRUIT, LEMON, LIME, APPLE, PEAR, STRAWBERRY,
`RASPBERRY, BLUEBERRY, BLACKBERRY, PEACH, PLUM, KIWI, MANGO, PAPAYA, BANANA, NECTARINE, juice; Fruit juices,
`namely, CANTALOUPE, HONEDYEW, WATERMELON, PINEAPPLE, GRAPE, ORANGE, GRAPEFRUIT, LEMON, LIME, APPLE,
`PEAR, STRAWBERRY, RASPBERRY, BLUEBERRY, BLACKBERRY, PEACH, PLUM, KIWI, MANGO, PAPAYA, BANANA,
`NECTARINE juice; Fruit-based beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice; Grape juice beverages; Non-
`alcoholic beverages containing fruit juices; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic fruit juice
`beverages; Orange juice; Orange juice beverages; Pineapple juice beverages; Prepared entrees consisting of fruit drinks and fruit juices, fruit-
`based beverages, non-alcoholic beverages containing fruit juices, non-alcoholic fruit extracts used in the preparation of beverages, non-
`alcoholic fruit juice beverages, vegetable juices, vegetable-fruit juices and smoothies; Smoothies; Vegetable juice; Vegetable juices;
`Vegetable-fruit juices
`
`FINAL(cid:160)DESCRIPTION
`
`Apple juice beverages; Coconut juice; Fruit beverages; Fruit concentrates and purees used as ingredients of beverages; Fruit drinks; Fruit
`drinks and fruit juices; Fruit drinks and juices; Fruit juice; Fruit juices; Fruit juices and fruit drinks; Fruit juices, namely, CANTALOUPE,
`HONEDYEW, WATERMELON, PINEAPPLE, GRAPE, ORANGE, GRAPEFRUIT, LEMON, LIME, APPLE, PEAR, STRAWBERRY,
`RASPBERRY, BLUEBERRY, BLACKBERRY, PEACH, PLUM, KIWI, MANGO, PAPAYA, BANANA, NECTARINE juice; Fruit-based
`beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice; Grape juice beverages; Non-alcoholic beverages containing fruit
`juices; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic fruit juice beverages; Orange juice; Orange juice
`beverages; Pineapple juice beverages; Prepared entrees consisting of fruit drinks and fruit juices, fruit-based beverages, non-alcoholic
`beverages containing fruit juices, non-alcoholic fruit extracts used in the preparation of beverages, non-alcoholic fruit juice beverages,
`vegetable juices, vegetable-fruit juices and smoothies; Smoothies; Vegetable juice; Vegetable juices; Vegetable-fruit juices
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE IN COMMERCE DATE
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Section 1(a)
`
`At least as early as 12/20/2013
`
`At least as early as 12/20/2013
`
`/loretta gangi/
`
`loretta gangi
`
`president
`
`9789127350
`
`06/27/2014
`
`YES
`
`Fri Jun 27 16:10:17 EDT 2014
`
`USPTO/ROA-XX.XX.XXX.XX-20
`140627161017845580-862272
`54-5005c6bf8f658665f4c6d3
`e6b17f3ca948812dc632a29ea
`5277dee342a86fb47-N/A-N/A
`-20140627160155855102
`
`
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86227254(cid:160)JUICED UP (Stylized and/or with Design, see ) has been amended as follows:
`
`MARK
`Applicant proposes to amend the mark as follows:
`Current: JUICED UP (Stylized and/or with Design, see )
`Proposed: JUICED UP (Stylized and/or with Design, see mark)
`The applicant is not claiming color as a feature of the mark.
`The mark consists of THE WORD "JUICED" FOLLOWED BY A STYLIZED IMAGE OF A PERSON CONSISTING OF TWO CURVED
`UPWARDS ARROWS, ONE CURING TO THE RIGHT, THE OTHER TO THE LEFT, REPRESENTING ARMS AND LEGS, AND A
`CIRCLE REPRESENTING A HEAD, FOLLOWED BY THE WORD "UP".
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 032 for Apple juice beverages; Coconut juice; Fruit beverages; Fruit concentrates and purees used as ingredients of beverages;
`Fruit drinks; Fruit drinks and fruit juices; Fruit drinks and juices; Fruit juice; Fruit juices; Fruit juices and fruit drinks; Fruit juices, namely,
`CANTALOUPE, HONEDYEW, WATERMELON, PINEAPPLE, GRAPE, ORANGE, GRAPEFRUIT, LEMON, LIME, APPLE, PEAR,
`STRAWBERRY, RASPBERRY, BLUEBERRY, BLACKBERRY, PEACH, PLUM, KIWI, MANGO, PAPAYA, BANANA, NECTARINE,
`juice; Fruit-based beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice; Grape juice beverages; Non-alcoholic beverages
`containing fruit juices; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic fruit juice beverages; Orange juice;
`Orange juice beverages; Pineapple juice beverages; Prepared entrees consisting of fruit drinks and fruit juices, fruit-based beverages, non-
`alcoholic beverages containing fruit juices, non-alcoholic fruit extracts used in the preparation of beverages, non-alcoholic fruit juice beverages,
`vegetable juices, vegetable-fruit juices and smoothies; Smoothies; Vegetable juice; Vegetable juices; Vegetable-fruit juices
`Original Filing Basis:
`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 12/20/2013 and first used in commerce at least as early as 12/20/2013 , and is now in use in such commerce.
`
`Proposed:
`Tracked Text Description: Apple juice beverages; Coconut juice; Fruit beverages; Fruit concentrates and purees used as ingredients of
`beverages; Fruit drinks; Fruit drinks and fruit juices; Fruit drinks and juices; Fruit juice; Fruit juices; Fruit juices and fruit drinks; Fruit juices,
`namely, CANTALOUPE, HONEDYEW, WATERMELON, PINEAPPLE, GRAPE, ORANGE, GRAPEFRUIT, LEMON, LIME, APPLE,
`PEAR, STRAWBERRY, RASPBERRY, BLUEBERRY, BLACKBERRY, PEACH, PLUM, KIWI, MANGO, PAPAYA, BANANA,
`NECTARINE, juice; Fruit juices, namely, CANTALOUPE, HONEDYEW, WATERMELON, PINEAPPLE, GRAPE, ORANGE,
`GRAPEFRUIT, LEMON, LIME, APPLE, PEAR, STRAWBERRY, RASPBERRY, BLUEBERRY, BLACKBERRY, PEACH, PLUM, KIWI,
`MANGO, PAPAYA, BANANA, NECTARINE juice; Fruit-based beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice;
`Grape juice beverages; Non-alcoholic beverages containing fruit juices; Non-alcoholic fruit extracts used in the preparation of beverages; Non-
`alcoholic fruit juice beverages; Orange juice; Orange juice beverages; Pineapple juice beverages; Prepared entrees consisting of fruit drinks and
`fruit juices, fruit-based beverages, non-alcoholic beverages containing fruit juices, non-alcoholic fruit extracts used in the preparation of
`beverages, non-alcoholic fruit juice beverages, vegetable juices, vegetable-fruit juices and smoothies; Smoothies; Vegetable juice; Vegetable
`juices; Vegetable-fruit juices
`
`Class 032 for Apple juice beverages; Coconut juice; Fruit beverages; Fruit concentrates and purees used as ingredients of beverages; Fruit drinks;
`Fruit drinks and fruit juices; Fruit drinks and juices; Fruit juice; Fruit juices; Fruit juices and fruit drinks; Fruit juices, namely, CANTALOUPE,
`HONEDYEW, WATERMELON, PINEAPPLE, GRAPE, ORANGE, GRAPEFRUIT, LEMON, LIME, APPLE, PEAR, STRAWBERRY,
`RASPBERRY, BLUEBERRY, BLACKBERRY, PEACH, PLUM, KIWI, MANGO, PAPAYA, BANANA, NECTARINE juice; Fruit-based
`beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice; Grape juice beverages; Non-alcoholic beverages containing fruit
`juices; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic fruit juice beverages; Orange juice; Orange juice
`beverages; Pineapple juice beverages; Prepared entrees consisting of fruit drinks and fruit juices, fruit-based beverages, non-alcoholic beverages
`containing fruit juices, non-alcoholic fruit extracts used in the preparation of beverages, non-alcoholic fruit juice beverages, vegetable juices,
`vegetable-fruit juices and smoothies; Smoothies; Vegetable juice; Vegetable juices; Vegetable-fruit juices
`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 12/20/2013 and first used in commerce at least as early as 12/20/2013 , and is now in use in such commerce.
`
`
`
`SIGNATURE(S)
`Response Signature
`Signature: /loretta gangi/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 06/27/2014
`Signatory's Name: loretta gangi
`Signatory's Position: president
`
`Signatory's Phone Number: 9789127350
`
`The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either
`(1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent
`previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has
`granted the request of his/her prior representative to withdraw.
`
`Serial Number: 86227254
`Internet Transmission Date: Fri Jun 27 16:10:17 EDT 2014
`TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20140627161017845
`580-86227254-5005c6bf8f658665f4c6d3e6b17
`f3ca948812dc632a29ea5277dee342a86fb47-N/
`A-N/A-20140627160155855102
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`
`0
`
`JUICEI> (UP
`
`