Examiners Amendment

SIMPLY LOCARB WEIGHT LOSS CENTERS

Cohen, Howard

Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/529206

 

    APPLICANT:         Cohen, Howard

 

      

 

       

 

    CORRESPONDENT ADDRESS:

EDWARD A. PENNINGTON

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP

3000 K STREET, N.W.

SUITE 300

WASHINGTON, D.C. 20007-5116

RETURN ADDRESS: 

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom108@uspto.gov

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:          SIMPLY LOCARB WEIGHT LOSS CENTERS

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   21124.0005

 

    CORRESPONDENT EMAIL ADDRESS: 

 

Please provide in all correspondence:

 

1.  Filing date, serial number, mark and

     applicant's name.

2.  Date of this Office Action.

3.  Examining Attorney's name and

     Law Office number.

4.  Your telephone number and email address.

 

 

Serial Number  76/529206

 

EXAMINER’S AMENDMENT

 

In accordance with the authorization granted by Edward Pennington on December 15, 2003, the application has been AMENDED as indicated below.  Please note that if the identification of goods or services has been amended below, any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  No response is necessary unless there is an objection to the amendment.  If there is an objection to the amendment, the applicant should notify the examining attorney immediately.

 

SEARCH RESULTS

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

ENTITY

 

The applicants are joint applicants.

 

 

 

 

 

 

 

DISCLAIMER

 

No claim is made to the exclusive right to use “LOCARB WEIGHT LOSS CENTERS” apart from the mark as shown.

 

IDENTIFICATION OF GOODS IN CLASS 5

 

The term "ready-to-eat nutritional foods" has been amended to “ready-to-eat nutritional food supplements.”

 

IDENTIFICATION OF GOODS IN CLASS 30

 

The term “packaged instant meals” has been amended as follows:

 

Packaged instant meals consisting primarily of meat, fish, poultry, and vegetables.  As amended, these goods are now classified in International Class 29.

 

Packaged instant meals consisting primarily of rice, pasta and cereal.  As amended these goods remain in International Class 30.

 

RECITATION OF SERVICES IN CLASS 41

 

The recitation of services is amended to read as follows:  health clubs and physical fitness facilities offering physical fitness instruction, physical fitness consultation and physical fitness counseling.

 

 

 

 

 

 

/Midge F. Butler/

Trademark Attorney

Law Office 108

(703) 308-9108 ext. 134

midge.butler@uspto.gov

fax (703) 746-8108

 


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