| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 86148492 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/86148492/mark.png |
| LITERAL ELEMENT | IFIT |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
We are responding to the office action dated March 27, 2014. In the office action, the Examiner raised a requirement for the applicant to amend the application to replace the wording “applicant has a bona fide intention to use or use through the applicant’s related company or licensee the mark in commerce” with the wording “applicant has had a bona fide intention to exercise legitimate control over the use of the certification mark in commerce as of the application filing date”. In response, the applicant advises that the application as filed already includes the proper wording, and submits that it is not necessary to amend the application as noted by the Examiner. The Examiner also raised a requirement for the applicant to amend the certification statement. In response, the applicant requests that the certification statement be
amended in accordance with the Examiner’s recommendation, as follows: “The certification mark, as used or intended to be used by persons authorized by the certifier, certifies or is intended to certify that the goods provided have been tested by the IFIT program for purity and concentration of labeled active ingredients including a proximate analysis of nutritional facts and found to comply with the following standards. The Microbial Analysis, Mercury, Heavy Metals, Residual Solvents, Banned Substances and GMO (Genetically Modified Organisms) are in accordance with the Council for Responsible Nutrition, the World Health Organization, the European Food Safety Authority, the Dieticians of Canada and safety standards for human consumption. The active ingredient concentration and proximate analysis of nutritional facts are in accordance with the product label claim.” Finally, the applicant advises that it wishes to maintain both bases of registration, and that its corresponding Canadian application has not yet issued to registration. The applicant therefore requests that further prosecution of the subject application be suspended, pending a receipt of a true copy to issue from the applicant’s corresponding foreign application. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /TJS/ |
| SIGNATORY'S NAME | Timothy J Sinnott |
| SIGNATORY'S POSITION | Agent of Record, Reg. No. 31,083 |
| SIGNATORY'S PHONE NUMBER | 416-957-1694 |
| DATE SIGNED | 05/23/2014 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri May 23 15:39:48 EDT 2014 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 140523153948877560-861484 92-500cb59a3154be813c3b4d d144f1dea4bd1ac3bdf65a91f e6627848861f8a7e88d-N/A-N /A-20140523153654017181 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
We are responding to the office action dated March 27, 2014.
In the office action, the Examiner raised a requirement for the applicant to amend the application to replace the wording “applicant has a bona fide intention to use or use through the applicant’s related company or licensee the mark in commerce” with the wording “applicant has had a bona fide intention to exercise legitimate control over the use of the certification mark in commerce as of the application filing date”. In response, the applicant advises that the application as filed already includes the proper wording, and submits that it is not necessary to amend the application as noted by the Examiner.
The Examiner also raised a requirement for the applicant to amend the certification statement. In response, the applicant requests that the certification statement be
amended in accordance with the Examiner’s recommendation, as follows:
“The certification mark, as used or intended to be used by persons authorized by the certifier, certifies or is intended to certify that the goods provided have been tested by the IFIT program for purity and concentration of labeled active ingredients including a proximate analysis of nutritional facts and found to comply with the following standards. The Microbial Analysis, Mercury, Heavy Metals, Residual Solvents, Banned Substances and GMO (Genetically Modified Organisms) are in accordance with the Council for Responsible Nutrition, the World Health Organization, the European Food Safety Authority, the Dieticians of Canada and safety standards for human consumption. The active ingredient concentration and proximate analysis of nutritional facts are in accordance with the product label claim.”
Finally, the applicant advises that it wishes to maintain both bases of registration, and that its corresponding Canadian application has not yet issued to registration. The applicant therefore requests that further prosecution of the subject application be suspended, pending a receipt of a true copy to issue from the applicant’s corresponding foreign application.