Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`87769671
`
`LAW OFFICE 118
`
`https://tmng-al.uspto.gov/resting2/api/img/87769671/large
`
`JUICED UP
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`Applicants request the Examiner delete the 2(F) DISTINCTIVENESS CLAIM.
`
`GOODS AND/OR SERVICES SECTION (005)(class deleted)
`
`GOODS AND/OR SERVICES SECTION (032)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`032
`
`Energy drinks; Vegetable juice; Vegetable juices; Vegetable-fruit juices; Beauty beverages, namely, fruit juices and energy drinks containing
`nutritional supplements; Green vegetable juice beverages; Non-alcoholic drinks, namely, energy shots; Sports drinks, namely, energy drinks
`
`FILING BASIS
`
`        FIRST USE ANYWHERE DATE
`
`        FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 10/01/2017
`
`At least as early as 01/25/2018
`
`GOODS AND/OR SERVICES SECTION (032)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`032
`
`Energy drinks; Vegetable juice; Vegetable juices; Vegetable-fruit juices; Green vegetable juice beverages; Beauty beverages, namely, fruit
`juices and energy drinks containing nutritional supplements; Non-alcoholic drinks, namely, energy shots; Sports drinks, namely, energy drinks
`
`FINAL DESCRIPTION
`
`Vegetable juice; Vegetable juices; Vegetable-fruit juices; Green vegetable juice beverages
`
`FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 10/01/2017
`
`At least as early as 01/25/2018
`
`"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 "
`
`

`

`       STATEMENT TYPE
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`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].
`
`\\TICRS\EXPORT17\IMAGEOUT 17\877\696\87769671\xml6\ ROA0002.JPG
`
`product labeling
`
`/Ryan D. Artis/
`
`Ryan D. Artis
`
`Attorney of record, NY bar member
`
`05/24/2018
`
`/Ryan D. Artis/
`
`Ryan D. Artis
`
`Attorney of Record
`
`05/24/2018
`
`/Ryan D. Artis/
`
`Ryan D. Artis
`
`Attorney of record, NY bar member
`
`05/24/2018
`
`YES
`
`Thu May 24 20:12:35 EDT 2018
`
`USPTO/ROA-XX.XXX.XX.XXX-2
`0180524201235805583-87769
`671-610c68bc8b3c188d3efc0
`d582888cde75a8ff587749901
`ce1a59e246ad1b9f2979-N/A-
`N/A-20180524200318586240
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 87769671 JUICED UP(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87769671/large) has been
`amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`Applicants request the Examiner delete the 2(F) DISTINCTIVENESS CLAIM.
`
`

`

`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant hereby deletes the following class of goods/services from the application.
`Class 005 for Vitamin and mineral supplements; Vitamin supplements; Dietary supplement for eliminating toxins from the intestinal tract; Liquid
`vitamin supplements; Liquid nutritional supplement; Natural dietary supplements; Nutritional supplement for eliminating toxins from the body;
`Nutritional supplement for eliminating toxins from the intestinal tract; Nutritional supplements; Prenatal vitamins
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 032 for Energy drinks; Vegetable juice; Vegetable juices; Vegetable-fruit juices; Beauty beverages, namely, fruit juices and
`energy drinks containing nutritional supplements; Green vegetable juice beverages; Non-alcoholic drinks, namely, energy shots; Sports drinks,
`namely, energy drinks
`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 10/01/2017 and first used in commerce at least as early as 01/25/2018 , and is now in use in such commerce.
`
`Proposed:
`Tracked Text Description: Energy drinks; Vegetable juice; Vegetable juices; Vegetable-fruit juices; Green vegetable juice beverages; Beauty
`beverages, namely, fruit juices and energy drinks containing nutritional supplements; Non-alcoholic drinks, namely, energy shots; Sports drinks,
`namely, energy drinks
`
`Class 032 for Vegetable juice; Vegetable juices; Vegetable-fruit juices; Green vegetable juice beverages
`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 10/01/2017 and first used in commerce at least as early as 01/25/2018 , and is now in use in such commerce.
`Applicant hereby submits one(or more) specimen(s) for Class 032 . The specimen(s) submitted consists of product labeling .
`"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]. Specimen File1
`
`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: /Ryan D. Artis/      Date: 05/24/2018
`Signatory's Name: Ryan D. Artis
`Signatory's Position: Attorney of record, NY bar member
`
`Signature: /Ryan D. Artis/      Date: 05/24/2018
`Signatory's Name: Ryan D. Artis
`Signatory's Position: Attorney of Record
`
`Response Signature
`Signature: /Ryan D. Artis/     Date: 05/24/2018
`Signatory's Name: Ryan D. Artis
`Signatory's Position: Attorney of record, NY bar member
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent
`not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is
`concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior
`representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's
`appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Serial Number: 87769671
`Internet Transmission Date: Thu May 24 20:12:35 EDT 2018
`TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2018052420123580
`5583-87769671-610c68bc8b3c188d3efc0d5828
`88cde75a8ff587749901ce1a59e246ad1b9f2979
`-N/A-N/A-20180524200318586240
`
`        
`

`

`
`
`