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. 88164410 HUMAN.PROVEN.(Standard Characters, see http://uspto.report/TM/88164410/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 044 for providing information in the field of diet, nutrition, weight loss, cosmetics, toiletries, skin care, personal health and wellness, and/or water treatment products

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for retail store services and computerized online ordering services in the fields of food supplements, food bars, drink mixes, teas, nutritional and dietary supplements, vitamins and minerals, cosmetics, toiletries, skin care preparations, household cleaners, and/or water treatment products; retail shop-at-home party services in the fields of food supplements, food bars, drink mixes, teas, nutritional and dietary supplements, vitamins and minerals, cosmetics, toiletries, skin care preparations, household cleaners, and/or water treatment products; promoting the retail store and online ordering services of others, namely, independent distributors, through the distribution of promotional literature and advertisements, and informational brochures; on-line business networking services
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: retail store services and computerized online ordering services in the fields of food supplements, food bars, drink mixes, teas, nutritional and dietary supplements, vitamins and minerals, cosmetics, toiletries, skin care preparations, household cleaners, and/or water treatment products; Retail store services and computerized online ordering services in the fields of food supplements, food bars, drink mixes, nutritional and dietary supplements, vitamins and minerals, cosmetics, toiletries, skin care preparations, and household cleaners; retail shop-at-home party services in the fields of food supplements, food bars, drink mixes, teas, nutritional and dietary supplements, vitamins and minerals, cosmetics, toiletries, skin care preparations, household cleaners, and/or water treatment products; retail shop-at-home party services in the fields of food supplements, food bars, drink mixes, nutritional and dietary supplements, vitamins and minerals, cosmetics, toiletries, skin care preparations, and household cleaners; promoting the retail store and online ordering services of others, namely, independent distributors, through the distribution of promotional literature and advertisements, and informational brochures; on-line business networking services; providing consumer product information in the field of cosmetics, toiletries, and skin careClass 035 for Retail store services and computerized online ordering services in the fields of food supplements, food bars, drink mixes, nutritional and dietary supplements, vitamins and minerals, cosmetics, toiletries, skin care preparations, and household cleaners; retail shop-at-home party services in the fields of food supplements, food bars, drink mixes, nutritional and dietary supplements, vitamins and minerals, cosmetics, toiletries, skin care preparations, and household cleaners; promoting the retail store and online ordering services of others, namely, independent distributors, through the distribution of promotional literature and advertisements, and informational brochures; on-line business networking services; providing consumer product information in the field of cosmetics, toiletries, and skin care
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.

SIGNATURE(S)
Response Signature
Signature: /Lisa M. Caldwell/     Date: 07/22/2019
Signatory's Name: Lisa M. Caldwell
Signatory's Position: Attorney of Record, Oregon State Bar Member

Signatory's Phone Number: 5035955300

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

        
Serial Number: 88164410
Internet Transmission Date: Mon Jul 22 15:42:40 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201907221542408
81101-88164410-620c2eecfdcbdf0feaf7716c1
71ebde3ad15e5a271edd4ae61fe90ae6e47d52f4
1-N/A-N/A-20190719122544978128