Response to Office Action

FUELPODS

LifeFuels, Inc.

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 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



uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed