Request to Make Special

Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0061 (Exp. 07/31/2018)

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Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0061 (Exp. 07/31/2018)

Request to Make Special

To the Commissioner for Trademarks:

The following is submitted for application serial number. 86105983 :

FORM INFORMATION

The applicant respectfully requests that the Commissioner expedite the initial examination of the application for ISOTONIX, Serial No. 86105983, because applicant's prior registration was inadvertently cancelled for failure to file the necessary post-registration maintenance documents.

In support thereof, applicant states:

(1) the registration number for the prior registration for ISOTONIX was 1745467;

(2) the mark in the new application, ISOTONIX, is identical to the mark in the cancelled registration;

(3) the goods or services in the new application (dietary supplements) are identical to or narrower than the goods or services in the cancelled registration (dietary food supplements); and

(4) the owner of the prior registration, Market America, Inc., is the same as the owner of the new application.

Applicant’s failure to file the necessary post-registration maintenance documents was due to legal counsel’s error.  The mark, ISOTONIX, was first used by the applicant or the applicant's or applicant’s licensee predecessor in interest at least as early as 10/01/1985, and first used in commerce at least as early as 10/01/1985, and is now in use in such commerce.

SIGNATURE(S)
Submission Signature
Signature: /Ryan S. Luft/     Date: 11/02/2013
Signatory's Name: Ryan S. Luft
Signatory's Position: Attorney of record, N.C. bar member
Signatory's Phone Number: 336/544-6349

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: 86105983
Internet Transmission Date:
TEAS Stamp: USPTO/RMS-XXX.XXX.XX.XXX-201311021540510
25777-86105983-20131102153915907234-N/A-
N/A-20131102153915907234