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 |
88120665 |
LAW OFFICE ASSIGNED |
LAW OFFICE 121 |
MARK SECTION |
MARK |
http://uspto.report/TM/88120665/mark.png |
LITERAL ELEMENT |
FUELPODS |
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. |
ARGUMENT(S) |
Applicant's goods, as amended, do not invoke or violate the CSA. As a result of the amended identifications, the request
for information in unnecessary and overly broad and unduly burdensome. Applicant's goods are intended to comply with the CSA. |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Essential oils; essential oils for flavoring beverages; essential oils for food flavoring and seasoning; CBD oils; beauty care
products; cosmetics; soaps; shampoos; hair care and hygienic products |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Essential oils; essential oils for flavoring beverages; essential
oils for food flavoring and seasoning; CBD oils; CBD oils, namely, oils for flavoring beverages derived solely from
cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; beauty care products; cosmetics; soaps; shampoos; hair care and hygienic products |
FINAL DESCRIPTION |
Essential oils; essential oils for flavoring beverages; essential oils for food flavoring and seasoning; CBD oils, namely, oils for
flavoring beverages derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Nutritional supplements; homeopathic supplements; herbal remedies and supplements; vitamins; pharmaceutical products and medicines |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Nutritional supplements; homeopathic supplements; herbal remedies and supplements; vitamins; health and wellness drinks for medicinal purposes, namely, CBD infused beverages and
nutritionally fortified beverages for medical purposes, derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; pharmaceutical products and medicines |
FINAL DESCRIPTION |
Nutritional supplements; homeopathic supplements; vitamins; health and wellness drinks for medicinal purposes, namely, CBD infused
beverages and nutritionally fortified beverages for medical purposes, derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer application software for computers and smart phones, namely, software for health, nutrition, and wellness recommendations and
for monitoring nutrient intake |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer application software for computers and smart phones, namely, software for health, nutrition,
and wellness recommendations and for monitoring nutrient intake; Downloadable computer application software for computers and smart phones, namely, software for
health, nutrition, and wellness recommendations and for monitoring nutrient intake |
FINAL DESCRIPTION |
Downloadable computer application software for computers and smart phones, namely, software for health, nutrition, and wellness
recommendations and for monitoring nutrient intake |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(class deleted) |
GOODS AND/OR SERVICES SECTION (011)(class deleted) |
GOODS AND/OR SERVICES SECTION (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Beverage glassware; beverageware; bottles sold empty; bottles made of precious metals |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Beverage glassware; beverageware; bottles sold empty;
bottles made of precious metals; reusable water bottles sold empty, made of plastic and precious metals, namely,
aluminum |
FINAL DESCRIPTION |
Beverage glassware; beverageware; bottles sold empty; reusable water bottles sold empty, made of plastic and precious metals, namely,
aluminum |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing and apparel |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing and apparel; Clothing and apparel, namely, shirts, hats,
shorts, headwear, sweatshirts |
FINAL DESCRIPTION |
Clothing and apparel, namely, shirts, hats, shorts, headwear, sweatshirts |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(class deleted) |
GOODS AND/OR SERVICES SECTION (029)(class deleted) |
GOODS AND/OR SERVICES SECTION (030)(current) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Coffee and tea; single serving or multiple serving beverage cartridges, containers or pods for use making coffee and tea |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (030)(proposed) |
INTERNATIONAL CLASS |
030 |
TRACKED TEXT DESCRIPTION |
Coffee and tea; single serving or multiple serving beverage cartridges,
containers or pods for use making coffee and tea; coffee and tea pods, namely, single serving and multiple serving cartridges containing concentrates and powders
for making coffee and tea |
FINAL DESCRIPTION |
Coffee and tea; coffee and tea pods, namely, single serving and multiple serving cartridges containing concentrates and powders for
making coffee and tea |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
Fruit juices; vegetable juices; herbal juices; sports drinks; water; flavored water; soft drinks; carbonated drinks; sparkling drinks;
concentrates, powders, syrups and preparations used in the preparation of beverages; single serving or multiple serving beverage cartridges, containers or pods for use making fruit drinks, sports
drinks, vitamin enriched drinks, flavored drinks, flavored waters, health drinks containing nutritional supplements, health drinks containing herbal supplements; health drinks containing vitamins;
health and wellness drinks for medicinal purposes |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(proposed) |
INTERNATIONAL CLASS |
032 |
TRACKED TEXT DESCRIPTION |
Fruit juices; vegetable juices; herbal juices;
sports drinks; water; flavored water; soft drinks; carbonated
drinks; carbonated non-alcoholic drinks; sparkling drinks; sparkling drinks,
namely, sparkling water and flavored sparkling water; concentrates, powders, syrups and preparations used in the preparation of beverages; concentrates, powders, syrups and preparations used in the preparation of soft drinks, juices, and flavored waters; single serving or
multiple serving beverage cartridges, containers or pods for use making fruit drinks, sports drinks, vitamin enriched drinks, flavored drinks, flavored waters, health drinks containing nutritional
supplements, health drinks containing herbal supplements; beverage pods, namely, single serving and multiple serving beverage cartridges, containing
concentrates and powders for making fruit drinks, sports drinks, vitamin enriched drinks in the nature of drinking water with vitamins, flavored drinks in the nature of fruit-flavored beverages,
flavored waters, health drinks, namely, water and juices containing nutritional supplements, health drinks, namely, water containing herbal supplements; health
drinks containing vitamins; health drinks, namely, water containing vitamin; health and wellness drinks for medicinal
purposes |
FINAL DESCRIPTION |
Fruit juices; vegetable juices; herbal juices; sports drinks; water; flavored water; soft drinks; carbonated non-alcoholic drinks;
sparkling drinks, namely, sparkling water and flavored sparkling water; concentrates, powders, syrups and preparations used in the preparation of soft drinks, juices, and flavored waters; beverage
pods, namely, single serving and multiple serving beverage cartridges, containing concentrates and powders for making fruit drinks, sports drinks, vitamin enriched drinks in the nature of drinking
water with vitamins, flavored drinks in the nature of fruit-flavored beverages, flavored waters, health drinks, namely, water and juices containing nutritional supplements, health drinks, namely,
water containing herbal supplements; health drinks, namely, water containing vitamin |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (033)(class deleted) |
GOODS AND/OR SERVICES SECTION (038)(class deleted) |
GOODS AND/OR SERVICES SECTION (041)(class deleted) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Providing a website featuring online nondownloadable software for diagnosing and tracking nutrition issues to improve health and
performance |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Providing a website featuring online nondownloadable software for diagnosing and tracking nutrition
issues to improve health and performance; Providing a website featuring online nondownloadable software for diagnosing and tracking nutrition issues to improve
health and hydration performance |
FINAL DESCRIPTION |
Providing a website featuring online nondownloadable software for diagnosing and tracking nutrition issues to improve health and
hydration performance |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Providing a website featuring information relating to health, nutrition, diet, exercise and wellness |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
Providing a website featuring information relating to health, nutrition, diet, exercise and
wellness; Providing a website featuring information relating to health, nutrition, diet and wellness |
FINAL DESCRIPTION |
Providing a website featuring information relating to health, nutrition, diet and wellness |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Erik M. Pelton |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
Erik M. Pelton & Associates, PLLC |
STREET |
PO Box 100637 |
CITY |
Arlington |
STATE |
Virginia |
POSTAL CODE |
22210 |
COUNTRY |
US |
PHONE |
7035258009 |
EMAIL |
uspto@tm4smallbiz.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Erik M. Pelton |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Erik M. Pelton & Associates, PLLC |
STREET |
PO Box 100637 |
CITY |
Arlington |
STATE |
Virginia |
POSTAL CODE |
22210 |
COUNTRY |
United States |
PHONE |
7035258009 |
EMAIL |
uspto@tm4smallbiz.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
OTHER APPOINTED ATTORNEY |
Julie S. Shursky |
CORRESPONDENCE SECTION (current) |
NAME |
Erik M. Pelton |
FIRM NAME |
Erik M. Pelton & Associates, PLLC |
STREET |
PO Box 100637 |
CITY |
Arlington |
STATE |
Virginia |
POSTAL CODE |
22210 |
COUNTRY |
US |
PHONE |
7035258009 |
EMAIL |
uspto@tm4smallbiz.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Erik M. Pelton |
FIRM NAME |
Erik M. Pelton & Associates, PLLC |
STREET |
PO Box 100637 |
CITY |
Arlington |
STATE |
Virginia |
POSTAL CODE |
22210 |
COUNTRY |
United States |
PHONE |
7035258009 |
EMAIL |
uspto@tm4smallbiz.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/ErikMPelton/ |
SIGNATORY'S NAME |
Erik M. Pelton |
SIGNATORY'S POSITION |
Attorney of Record; NJ, DC Bar Member |
SIGNATORY'S PHONE NUMBER |
703-525-8009 (counsel) |
DATE SIGNED |
01/22/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jan 22 14:43:29 EST 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0200122144329312298-88120
665-700a837ba3e4a35cf96b4
88d95d7135cee6b5c7c58011c
62f35a1222f6171bf47-N/A-N
/A-20200122143717172266 |
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.
88120665 FUELPODS(Standard Characters, see http://uspto.report/TM/88120665/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant's goods, as amended, do not invoke or violate the CSA. As a result of the amended identifications, the request for information in unnecessary and overly broad and
unduly burdensome. Applicant's goods are intended to comply with the CSA.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 010 for Apparatus for dispensing medicine
Applicant hereby deletes the following class of goods/services from the application.
Class 011 for Water purifying device; filters for water purifying devices; apparatus for water purifying devices
Applicant hereby deletes the following class of goods/services from the application.
Class 028 for Sporting goods
Applicant hereby deletes the following class of goods/services from the application.
Class 029 for Edible oils and fats; fruit oils; powdered oils and fats for food
Applicant hereby deletes the following class of goods/services from the application.
Class 033 for Wine, spirits; alcoholic beverages and mixes; single serving or multiple serving beverage cartridges, containers or pods for use making alcoholic beverages
Applicant hereby deletes the following class of goods/services from the application.
Class 038 for Providing online forum for transmission of messages relating to health, nutrition, exercise, diet, and wellness
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Education and entertainment services that provide teaching and information in the field of health, nutrition, exercise, diet, and wellness
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Essential oils; essential oils for flavoring beverages; essential oils for food flavoring and seasoning; CBD oils; beauty care products; cosmetics; soaps; shampoos; hair
care and hygienic products
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: Essential oils;
essential oils for flavoring beverages;
essential oils for food flavoring and
seasoning;
CBD oils;
CBD oils, namely, oils for flavoring beverages derived solely from cannabis with a delta-9 THC
concentration of not more than 0.3% on a dry weight basis;
beauty care products;
cosmetics;
soaps;
shampoos;
hair care and hygienic productsClass 003 for Essential oils; essential oils for
flavoring beverages; essential oils for food flavoring and seasoning; CBD oils, namely, oils for flavoring beverages derived solely from cannabis with a delta-9 THC concentration of not more than
0.3% on a dry weight 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Nutritional supplements; homeopathic supplements; herbal remedies and supplements; vitamins; pharmaceutical products and medicines
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 supplements;
homeopathic supplements;
herbal remedies and
supplements;
vitamins;
health and wellness drinks for medicinal purposes, namely, CBD infused beverages and nutritionally fortified
beverages for medical purposes, derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis;
pharmaceutical
products and medicinesClass 005 for Nutritional supplements; homeopathic supplements; vitamins; health and wellness drinks for medicinal purposes, namely, CBD infused beverages and
nutritionally fortified beverages for medical purposes, derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer application software for computers and smart phones, namely, software for health, nutrition, and wellness recommendations and for monitoring nutrient intake
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: Computer application software for computers and smart phones, namely, software for health, nutrition, and wellness recommendations and
for monitoring nutrient intake;
Downloadable computer application software for computers and smart phones, namely, software for health, nutrition, and wellness
recommendations and for monitoring nutrient intakeClass 009 for Downloadable computer application software for computers and smart phones, namely, software for health, nutrition, and wellness
recommendations and for monitoring nutrient intake
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Beverage glassware; beverageware; bottles sold empty; bottles made of precious metals
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: Beverage glassware;
beverageware;
bottles sold empty;
bottles made of precious metals;
reusable water bottles sold empty, made of plastic and precious metals, namely, aluminumClass 021 for Beverage
glassware; beverageware; bottles sold empty; reusable water bottles sold empty, made of plastic and precious metals, namely, aluminum
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing and apparel
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: Clothing and apparel;
Clothing and apparel, namely, shirts, hats, shorts, headwear,
sweatshirtsClass 025 for Clothing and apparel, namely, shirts, hats, shorts, headwear, sweatshirts
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Coffee and tea; single serving or multiple serving beverage cartridges, containers or pods for use making coffee and tea
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: Coffee and tea;
single serving or multiple serving beverage cartridges, containers or pods for use making
coffee and tea;
coffee and tea pods, namely, single serving and multiple serving cartridges containing concentrates and powders for making coffee and
teaClass 030 for Coffee and tea; coffee and tea pods, namely, single serving and multiple serving cartridges containing concentrates and powders for making coffee and tea
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Fruit juices; vegetable juices; herbal juices; sports drinks; water; flavored water; soft drinks; carbonated drinks; sparkling drinks; concentrates, powders, syrups and
preparations used in the preparation of beverages; single serving or multiple serving beverage cartridges, containers or pods for use making fruit drinks, sports drinks, vitamin enriched drinks,
flavored drinks, flavored waters, health drinks containing nutritional supplements, health drinks containing herbal supplements; health drinks containing vitamins; health and wellness drinks for
medicinal purposes
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: Fruit juices;
vegetable juices;
herbal juices;
sports drinks;
water;
flavored water;
soft drinks;
carbonated drinks;
carbonated non-alcoholic drinks;
sparkling drinks;
sparkling drinks, namely, sparkling water and flavored
sparkling water;
concentrates, powders, syrups and preparations used in the preparation of beverages;
concentrates,
powders, syrups and preparations used in the preparation of soft drinks, juices, and flavored waters;
single serving or multiple serving beverage cartridges,
containers or pods for use making fruit drinks, sports drinks, vitamin enriched drinks, flavored drinks, flavored waters, health drinks containing nutritional supplements, health drinks containing
herbal supplements;
beverage pods, namely, single serving and multiple serving beverage cartridges, containing concentrates and powders for making fruit drinks,
sports drinks, vitamin enriched drinks in the nature of drinking water with vitamins, flavored drinks in the nature of fruit-flavored beverages, flavored waters, health drinks, namely, water and
juices containing nutritional supplements, health drinks, namely, water containing herbal supplements;
health drinks containing vitamins;
health drinks, namely, water containing vitamin;
health and wellness drinks for medicinal purposesClass 032 for Fruit juices;
vegetable juices; herbal juices; sports drinks; water; flavored water; soft drinks; carbonated non-alcoholic drinks; sparkling drinks, namely, sparkling water and flavored sparkling water;
concentrates, powders, syrups and preparations used in the preparation of soft drinks, juices, and flavored waters; beverage pods, namely, single serving and multiple serving beverage cartridges,
containing concentrates and powders for making fruit drinks, sports drinks, vitamin enriched drinks in the nature of drinking water with vitamins, flavored drinks in the nature of fruit-flavored
beverages, flavored waters, health drinks, namely, water and juices containing nutritional supplements, health drinks, namely, water containing herbal supplements; health drinks, namely, water
containing vitamin
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing a website featuring online nondownloadable software for diagnosing and tracking nutrition issues to improve health and performance
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: Providing a website featuring online nondownloadable software for diagnosing and tracking nutrition issues to improve health and
performance;
Providing a website featuring online nondownloadable software for diagnosing and tracking nutrition issues to improve health and hydration
performanceClass 042 for Providing a website featuring online nondownloadable software for diagnosing and tracking nutrition issues to improve health and hydration performance
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Providing a website featuring information relating to health, nutrition, diet, exercise and wellness
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: Providing a website featuring information relating to health, nutrition, diet, exercise and wellness;
Providing a website featuring information relating to health, nutrition, diet and wellnessClass 044 for Providing a website featuring information relating to health, nutrition, diet and
wellness
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.
The applicant's current attorney information: Erik M. Pelton. Erik M. Pelton of Erik M. Pelton & Associates, PLLC, is located at
PO Box 100637
Arlington, Virginia 22210
US
The phone number is 7035258009.
The email address is uspto@tm4smallbiz.com
The applicants proposed attorney information: Erik M. Pelton. Other appointed attorneys are Julie S. Shursky. Erik M. Pelton of Erik M. Pelton & Associates, PLLC, is a member of the XX bar,
admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
PO Box 100637
Arlington, Virginia 22210
United States
The phone number is 7035258009.
The email address is uspto@tm4smallbiz.com
Erik M. Pelton submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current correspondence information: Erik M. Pelton. Erik M. Pelton of Erik M. Pelton & Associates, PLLC, is located at
PO Box 100637
Arlington, Virginia 22210
US
The phone number is 7035258009.
The email address is uspto@tm4smallbiz.com
The applicants proposed correspondence information: Erik M. Pelton. Erik M. Pelton of Erik M. Pelton & Associates, PLLC, is located at
PO Box 100637
Arlington, Virginia 22210
United States
The phone number is 7035258009.
The email address is uspto@tm4smallbiz.com
SIGNATURE(S)
Response Signature
Signature: /ErikMPelton/ Date: 01/22/2020
Signatory's Name: Erik M. Pelton
Signatory's Position: Attorney of Record; NJ, DC Bar Member
Signatory's Phone Number: 703-525-8009 (counsel)
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: Erik M. Pelton
Erik M. Pelton & Associates, PLLC
PO Box 100637
Arlington, Virginia 22210
Mailing Address: Erik M. Pelton
Erik M. Pelton & Associates, PLLC
PO Box 100637
Arlington, Virginia 22210
Serial Number: 88120665
Internet Transmission Date: Wed Jan 22 14:43:29 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020012214432931
2298-88120665-700a837ba3e4a35cf96b488d95
d7135cee6b5c7c58011c62f35a1222f6171bf47-
N/A-N/A-20200122143717172266