Response to Office Action

KETONAT

Nanjing Nutrabuilding Bio-tech Co., Ltd.

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88047061
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK http://uspto.report/TM/88047061/mark.png
LITERAL ELEMENT KETONAT
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 005
DESCRIPTION
Dietary food supplements; Dietary supplements; Dietary and nutritional supplements; Food supplements; Nutritional supplements
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/01/2017
        FIRST USE IN COMMERCE DATE At least as early as 10/01/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 005
DESCRIPTION
Dietary food supplements; Dietary supplements; Dietary and nutritional supplements; Food supplements; Nutritional supplements
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/01/2017
       FIRST USE IN COMMERCE DATE At least as early as 10/01/2017
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\880\470\88047061\xml4\ ROA0002.JPG
       SPECIMEN DESCRIPTION A photo of dietary and nutritional supplements.
SIGNATURE SECTION
DECLARATION SIGNATURE /Wu Xianxi/
SIGNATORY'S NAME Wu Xianxi
SIGNATORY'S POSITION Principal
DATE SIGNED 01/24/2019
RESPONSE SIGNATURE /Wu Xianxi/
SIGNATORY'S NAME Wu Xianxi
SIGNATORY'S POSITION Principal
DATE SIGNED 01/24/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jan 24 02:58:03 EST 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XXX-20
190124025803216029-880470
61-62011896d81cd17cba7f06
33bd02a4ef491bc6c267f1759
bf561de12dbd4e4491d9-N/A-
N/A-20190124024112471923



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 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88047061 KETONAT(Standard Characters, see http://uspto.report/TM/88047061/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary food supplements; Dietary supplements; Dietary and nutritional supplements; Food supplements; Nutritional supplements
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/01/2017 and first used in commerce at least as early as 10/01/2017 , and is now in use in such commerce.

Proposed: Class 005 for Dietary food supplements; Dietary supplements; Dietary and nutritional supplements; Food supplements; Nutritional supplements
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/01/2017 and first used in commerce at least as early as 10/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 005 . The specimen(s) submitted consists of A photo of dietary and nutritional supplements. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Wu Xianxi/      Date: 01/24/2019
Signatory's Name: Wu Xianxi
Signatory's Position: Principal

Response Signature
Signature: /Wu Xianxi/     Date: 01/24/2019
Signatory's Name: Wu Xianxi
Signatory's Position: Principal

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88047061
Internet Transmission Date: Thu Jan 24 02:58:03 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190124025803216
029-88047061-62011896d81cd17cba7f0633bd0
2a4ef491bc6c267f1759bf561de12dbd4e4491d9
-N/A-N/A-20190124024112471923


Response to Office Action [image/jpeg]


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