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)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88154539 BIONATAL (Stylized and/or with Design, see http://uspto.report/TM/88154539/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 031 for Sell of black seed oil, black seeds, black seed soap

Applicant hereby adds the following class of goods/services to the application:
New: Class 005 (Original Class: 031 ) for Black seed oil dietary supplements
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 09/01/2017 and first used in commerce at least as early as 09/01/2017 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Retail store and online retail store services featuring black seed oil dietary supplements, processed and unprocessed black seeds, and non-medicated soaps comprised of black seed oil
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 09/01/2017 and first used in commerce at least as early as 09/01/2017 , and is now in use in such commerce.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Christopher J. Day of Day Law Firm, having an address of
9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
United States
chris@daylawfirm.com
602-258-4440
602-258-4441
The Other Appointed Attorney(s): Janna Day.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
BIONATAL LLC
BIONATAL LLC
5137 EAST HIGHWAY 107 STE C
EDINBURG
Texas
US
78542

Proposed:
Christopher J. Day of Day Law Firm, having an address of
9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
United States
chris@daylawfirm.com
602-258-4440
602-258-4441



ADDITIONAL STATEMENTS
Description of mark
The mark consists of a cross-section of a round wood board with the word "BIONATAL" across the middle, and a leaf directly below the wording.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Christopher J. Day/     Date: 05/14/2019
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-258-4440

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Christopher J. Day
   Day Law Firm
   9977 North 90th Street, Suite 155
   Scottsdale, Arizona 85258
        
RAM Sale Number: 88154539
RAM Accounting Date: 05/15/2019
        
Serial Number: 88154539
Internet Transmission Date: Tue May 14 20:31:08 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019051420310804
2477-88154539-62079e7eb3cce7a4a3f986e971
c12606bf91ac2c42ca8f3c8726913dea98a431-C
C-8780-20190514202951147636