Post Publication Amendment

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1771 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1771 (Rev 10/2011)

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

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 86880100 BULLSEYE(Standard Characters, see http://uspto.report/TM/86880100/mark.png) has been amended as follows:

EXPLANATION OF FILING
A Request for Extension of Time to file an Opposition against this application was filed on February 1, 2017. Applicant entered into settlement negotiations with the potential opposer. The matter was settled on May 3, 2017. One of the terms of the settlement agreement was that Applicant would agree to modify its existing identification of goods by excluding "energy-giving products, as well as any products or preparations marketed, promoted, or providing similar functional benefits thereto." Applicant respectfully requests that such modification be permitted as the proposed modification does not broaden the scope of the existing identification of goods.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Nutritional and dietary supplements for human consumption
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: Nutritional and dietary supplements for human consumption; Nutritional and dietary supplements for human consumption, excluding energy-giving products, as well as any products or preparations marketed, promoted, or providing similar functional benefits thereto.Class 005 for Nutritional and dietary supplements for human consumption, excluding energy-giving products, as well as any products or preparations marketed, promoted, or providing similar functional benefits thereto.
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)

Signature: /Ellen S. Simpson/     Date: 05/12/2017
Signatory's Name: Ellen S. Simpson
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 716-626-1564

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 owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86880100
Internet Transmission Date: Fri May 12 15:21:35 EDT 2017
TEAS Stamp: USPTO/PPA-XX.XX.XXX.XXX-2017051215213521
4303-86880100-59083b87cf7143f7f6fffa5932
35efa5fc0f8ad2f527c6f8809b224e504d4f6fe0
-N/A-N/A-20170512150723275198