Section 7 Request

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 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 07/31/2018)

---

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 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 07/31/2018)

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 5276538 BODYBIO(Standard Characters, see http://uspto.report/TM/76717508/mark.png) has been amended as follows:

EXPLANATION OF FILING
The Applicant is BodyBio Inc., a New Jersey Corporation, having an office and place of business at 45 Reese Road, Millville, NJ 08332, USA. On or about February 28, 2017, Applicant's former counsel submitted Applicant's Statement of Use/Allegation of Use regarding Serial Number 76717508 (currently Reg. No. 5276538). For International Class 005, Applicant's former counsel incorrectly stated Applicant's First Use and First Use in Commerce as February 25, 2017. For International Class 029, Applicant's former counsel incorrectly stated Applicant's First Use and First Use in Commerce as February 25, 2017. Thereafter, on or about August 29, 2017, Applicant's BODYBIO trademark was registered at Reg. No. 5276538, incorrectly listing First Use and First Use in commerce for IC005 and IC029 as February 25, 2017. Applicant is presently seeking to the correct dates of First Use and First Use in Commerce for International Class 005 and 029. Accordingly, Applicant specifically requests the following: (1) Change of First Use for its BODYBIO Trademark, Registration Number 5276538, for International Class 005 from February 25, 2017 to January 1, 2005. (2) Change of First Use in Commerce for its BODYBIO Trademark, Registration Number 5276538, for International Class 005 from February 25, 2017 to January 1, 2005. (3) Change of First Use for its BODYBIO Trademark, Registration Number 5276538, for International Class 029 from February 25, 2017 to January 1, 2005. (4) Change of First Use in Commerce for its BODYBIO Trademark, Registration Number 5276538, for International Class 029 from February 25, 2017 to January 1, 2005. Statements: The signatory declares that he is attorney for and is properly authorized to execute this Request on behalf of BodyBio Inc.; that BodyBio Inc. is the owner of the trademark BODYBIO, Reg. No. 5276538; and that all statements made made of his own knowledge are true and all statements made on information and belief are believed to be true. The signatory, being warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the Request again states that all statements made made of his own knowledge are true and all statements made on information and belief are believed to be true.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary supplements, vitamin supplements, mineral supplements, nutritional supplements, vitamins, nutritionally fortified water; dietary food supplements
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant'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 02/25/2017 and first used in commerce at least as early as 02/25/2017, and is now in use in such commerce.

Proposed: Class 005 for Dietary supplements, vitamin supplements, mineral supplements, nutritional supplements, vitamins, nutritionally fortified water; dietary food supplements
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant'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 01/01/2005 and first used in commerce at least as early as 01/01/2005, and is now in use in such commerce.
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Edible oils
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant'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 02/25/2017 and first used in commerce at least as early as 02/25/2017, and is now in use in such commerce.

Proposed: Class 029 for Edible oils
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant'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 01/01/2005 and first used in commerce at least as early as 01/01/2005, and is now in use in such commerce.

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
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 this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Ryan M. Logan, Esq./      Date: 04/23/2018
Signatory's Name: Ryan M. Logan, Esq.
Signatory's Position: Attorney of record, Pennsylvania bar member
Signatory's Phone: 7176126017

Request Signature
Signature: /Ryan M. Logan, Esq./     Date: 04/23/2018
Signatory's Name: Ryan M. Logan, Esq.
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone: 7176126017

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 registrant 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.

The registrant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    
   
   ,
        
RAM Sale Number: 5276538
RAM Accounting Date: 04/23/2018
        
Serial Number: 76717508
Internet Transmission Date: Mon Apr 23 10:17:55 EDT 2018
TEAS Stamp: USPTO/S7R-XXX.XX.XX.XXX-2018042310175548
6685-5276538-510af6fffb11bcc864ef62aa5bd
59e08d10cb2a9ed7cee4857a2622f1d8813a-CC-
9498-20180423101116432208