Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76626485 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

The Applicant is the owner of the cited registration 1,827,181 and therefore no likelihood of confusion exists.  We are working to obtain proof of ownership and will submit it as soon as possible.  As explanation, Nutrition For Life International, Inc. assigned the entire interest of the registered mark to Nutrition For Life International, LLC on March 11, 2003; then Nutrition For Life International, LLC assigned the entire interest of the registered mark to Riowell, LLC on October 28, 2004.

The Applicant filed this application because the Section 8 & 9 Affidavits were not filed for the cited registration 1,827,181; therefore, the Applicant understands that the USPTO does not issue duplicate registrations and only wishes to keep the cited registration or respectfully requests that the Examiner allow this application to proceed to registration. 

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 005 for HOMEOPATHIC DIETARY FOOD SUPPLEMENTS; VITAMIN AND MINERAL SUPPLEMENTS
Original Filing Basis: 1(a).
Proposed: Class 005 for HOMEOPATHIC DIETARY FOOD SUPPLEMENTS; VITAMIN AND MINERAL SUPPLEMENTS
Section 1(a), Use in Commerce: The mark was first used at least as early as 07/28/1989 and first used in commerce at least as early as 07/28/1989, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 005.
The specimen(s) submitted consists of Scanned label.

For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1


Additional Statements
The mark is presented in standard characters without claim to any particular font style, size, or color.

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Rakesh M. Amin/      Date: 02/01/2006
Signatory's Name: Rakesh M. Amin
Signatory's Position: Attorney for Applicant

Response Signature

Signature: /Rakesh M. Amin/     Date: 02/01/2006
Signatory's Name: Rakesh M. Amin
Signatory's Position: Attorney for Applicant
        
Serial Number: 76626485
Internet Transmission Date: Wed Feb 01 14:41:31 EST 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20060201144131059
747-76626485-3203e67b9d13841b18b438d8eac
bf7e2a98-N/A-N/A-20060201140525464358