PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85853978 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85853978 |
LITERAL ELEMENT |
ACHIEVE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see attachment in Evidence section for the text of the argument. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_21623516118-110643600_._Response_to_Office_Action-_ACHIEVE__85853978_.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\858\539\85853978\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\858\539\85853978\xml4\ROA0003.JPG |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Vitamin and mineral supplements |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Vitamin and mineral supplements; Protein-based drink mix; dietary supplement drink mixes, namely, soy protein based drink mixes |
FINAL DESCRIPTION |
Vitamin and mineral supplements; Protein-based drink mix; dietary supplement drink mixes, namely, soy protein based drink mixes |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
Soy protein based drink mix |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(proposed) |
INTERNATIONAL CLASS |
032 |
TRACKED TEXT DESCRIPTION |
Soy protein based drink mix; Soy protein-based drink mixes for
making soy-based beverages, not being milk substitutes or nutritional or dietary |
FINAL DESCRIPTION |
Soy protein-based drink mixes for making soy-based beverages, not being milk substitutes or nutritional or dietary |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/tmc/ |
SIGNATORY'S NAME |
Tanya Marie Curcio |
SIGNATORY'S POSITION |
Attorney of Record, New York bar member |
SIGNATORY'S PHONE NUMBER |
202-467-8800 |
DATE SIGNED |
12/04/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Dec 04 11:14:51 EST 2013 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20131204111451826770-8585
3978-500a7638cace0297f849
d8b1e9a7c9981278c5244bb35
da48d1afba75307e3e98b4-N/
A-N/A-2013120411064360009
1 |
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.
85853978 ACHIEVE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85853978) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see attachment in Evidence section for the text of the argument.
EVIDENCE
Original PDF file:
evi_21623516118-110643600_._Response_to_Office_Action-_ACHIEVE__85853978_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Vitamin and mineral 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: Vitamin and mineral supplements;
Protein-based drink mix;
dietary
supplement drink mixes, namely, soy protein based drink mixesClass 005 for Vitamin and mineral supplements; Protein-based drink mix; dietary supplement drink mixes, namely, soy protein based
drink mixes
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Soy protein based drink mix
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: Soy protein based drink mix;
Soy protein-based drink mixes for making soy-based beverages, not
being milk substitutes or nutritional or dietaryClass 032 for Soy protein-based drink mixes for making soy-based beverages, not being milk substitutes or nutritional or dietary
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.
SIGNATURE(S)
Response Signature
Signature: /tmc/ Date: 12/04/2013
Signatory's Name: Tanya Marie Curcio
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone Number: 202-467-8800
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: 85853978
Internet Transmission Date: Wed Dec 04 11:14:51 EST 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201312041114518
26770-85853978-500a7638cace0297f849d8b1e
9a7c9981278c5244bb35da48d1afba75307e3e98
b4-N/A-N/A-20131204110643600091