Response to Office Action

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 1957 (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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87337428 DETOX (Stylized and/or with Design, see http://uspto.report/TM/87337428/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of a pdf titled DETOX Office Action Response has been attached.
Original PDF file:
evi_1-19294203253-20170724204437203213_._DETOX_Office_Action_Response.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for nutritional supplements; nutritional supplements in the form of tea bags principally containing tea but also containing herbs and extracts
Original Filing Basis:
Proposed: Class 005 for nutritional supplements; nutritional supplements in the form of tea bags principally containing tea but also containing herbs and extracts
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
Disclaimer
No claim is made to the exclusive right to use "DETOX" apart from the mark as shown.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_19294203253-204437203_._zed__-_Declaration_to_Perfect_Application_-_ITU_signed053017.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Anwar Husain
Signatory's Position: Co-Founder

Response Signature
Signature: /Catherine Mitros/     Date: 07/24/2017
Signatory's Name: Catherine Mitros
Signatory's Position: Associate attorney, Venable LLP, IL bar member

Signatory's Phone Number: 202-344-4998

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 owner's/holder'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 owner/holder 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: 87337428
Internet Transmission Date: Mon Jul 24 20:52:10 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201707242052106
61993-87337428-510a3a5db58bbaefbd7178586
4aea0bb4034d169e8107a76e8e3c9c595a2eed80
-N/A-N/A-20170724204437203213