Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85516079 SLAY (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85516079) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Cleaning preparations, namely, odor eliminators not for personal use; Cleaning preparations, namely, odor neutralizers not for personal use; Dietary and nutritional supplements containing protein, in the nature of protein bars, shakes and powders; Dietary supplements for humans in the nature of meal supplement powders and meal replacement bars; Nutritional and dietary supplements formed and packaged as bars; Nutritional supplement in the nature of a nutrient-dense, protein-based drink mix; Nutritional supplement shakes; Odor neutralizing preparations for general use on various surfaces; Protein dietary supplements
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Cleaning preparations, namely, odor eliminators not for personal use; Cleaning preparations, namely, odor neutralizers not for personal use; Dietary and nutritional supplements containing protein, in the nature of protein bars, shakes and powders; Nutritional and dietary supplements formed and packaged as bars; Dietary supplements for humans in the nature of meal supplement powders and meal replacement bars; Nutritional supplement in the nature of a nutrient-dense, protein-based drink mix; Nutritional supplement shakes; Odor neutralizing preparations for general use on various surfaces; Protein dietary supplements; Dietary and nutritional supplements containing protein for therapeutic purposes, in the nature of protein bars, shakes and powders; Dietary supplements for humans for therapeutic purposes in the nature of meal supplement powders and meal replacement bars; Meal replacement shakes for weight loss purposes for dietary and nutritional supplementation; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary supplemental drinks; Powdered nutritional supplement drink mix and concentrate; Nutritional supplement energy bars, shakes and powdersClass 005 for Cleaning preparations, namely, odor eliminators not for personal use; Cleaning preparations, namely, odor neutralizers not for personal use; Nutritional and dietary supplements formed and packaged as bars; Nutritional supplement in the nature of a nutrient-dense, protein-based drink mix; Nutritional supplement shakes; Odor neutralizing preparations for general use on various surfaces; Protein dietary supplements; Dietary and nutritional supplements containing protein for therapeutic purposes, in the nature of protein bars, shakes and powders; Dietary supplements for humans for therapeutic purposes in the nature of meal supplement powders and meal replacement bars; Meal replacement shakes for weight loss purposes for dietary and nutritional supplementation; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary supplemental drinks; Powdered nutritional supplement drink mix and concentrate; Nutritional supplement energy bars, shakes and powders
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

ADDITIONAL STATEMENTS
Color Claim
The color(s) Green and Silver is/are claimed as a feature of the mark.

Description of mark
The mark consists of the stylized wording "SLAY" with the letters "SL" and "Y" in green with silver outlining and the letter "A" in silver.

SIGNATURE(S)
Response Signature
Signature: /xm/     Date: 05/01/2012
Signatory's Name: Xavier Morales
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: 85516079
Internet Transmission Date: Tue May 01 13:48:02 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201205011348021895
64-85516079-4905c996e7973c157435068954ac
f1eb-N/A-N/A-20120501134302615561