Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85361220 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: EXCELEROL (Stylized and/or with Design)
The color(s) green, blue is/are claimed as a feature of the mark.
The mark consists of the letters "e" and "celerol" appearing in blue and the letter "x" appearing in green.

Proposed: EXCELEROL (Stylized and/or with Design, see mark)


The color(s) green, blue is/are claimed as a feature of the mark.

The mark consists of the letters "e" and "celerol" appearing in blue and the letter "x" appearing in green.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Herbal and non-herbal supplements
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 06/29/2011 and first used in commerce at least as early as 06/29/2011, and is now in use in such commerce.

Proposed:
Tracked Text Description: Herbal and non-herbal supplements; Herbal supplements and non-herbal supplements in the nature of dietary supplements, dietary and nutritional supplements, dietary supplements for human consumption, mineral supplements and nutritional supplementsClass 005 for Herbal supplements and non-herbal supplements in the nature of dietary supplements, dietary and nutritional supplements, dietary supplements for human consumption, mineral supplements and nutritional supplements
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 06/29/2011 and first used in commerce at least as early as 06/29/2011, and is now in use in such commerce.
ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
EXCELEROL appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.

SIGNATURE(S)
Response Signature
Signature: /jmf/     Date: 10/26/2011
Signatory's Name: Jeffrey M. Furr
Signatory's Position: Attorney of record

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 85361220
Internet Transmission Date: Wed Oct 26 12:24:06 EDT 2011
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2011102612240626479
4-85361220-480848b9606752f7273b7b474fce2
e77-N/A-N/A-20111026122146869454