Section 7 Request

ULTIMATE FLORA FX

Youngevity International, Inc.

Section 7 Request Form

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 1597 (Rev 11/2007)
OMB No. 0651-0055 (Exp 10/31/2021)

Section 7 Request Form


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 6077550
LAW OFFICE ASSIGNED LAW OFFICE 130
SERIAL NUMBER 88165096
MARK SECTION
MARK mark
LITERAL ELEMENT ULTIMATE FLORA FX
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.
OWNER SECTION (current)
NAME Youngevity International, Inc.
MAILING ADDRESS 2400 Boswell Road
CITY Chula Vista
STATE California
ZIP/POSTAL CODE 91914
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
OWNER SECTION (proposed)
NAME Youngevity International, Inc.
MAILING ADDRESS 2400 Boswell Road
CITY Chula Vista
STATE California
ZIP/POSTAL CODE 91914
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
EXPLANATION OF FILING

The Registrant requests an AMENDMENT to the registration due to Registrant's error in the initial application made by Registrant in good faith.

Registrant requests that the date of first use and date of first use in commerce be amended and corrected to the year 2002 (00/00/2002).

The original first use date of January 2, 2004, was determined by Registrant from a review of its then-available computerized records. However, the computer system only went back to 2004. While recently perusing older company product catalogs and sales records, it was determined that the ULTIMATE FLORA FX product was actually first sold in 2002. Therefore, Registrant respectfully requests that the registration be amended to correctly identify the date of first use and date of first use in commerce as 00/00/2002.

The error was made by Registrant in good faith.  Registrant requests a corrected registration certificate reflecting the new first use dates.

GOODS AND/OR SERVICES SECTION (current)
U.S. CLASS 005
IDENTIFICATION
Dietary and nutritional supplements; Dietary supplements that support digestive health; Probiotic supplements; Prebiotic supplements; none of the foregoing containing oils, extracts, ingredients, or derivatives from cannabis, marijuana, or hemp, and none of the foregoing containing cannabidiol or any other substance unlawful under the Controlled Substances Act or the Federal Food, Drug, and Cosmetic Act
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/02/2004
        FIRST USE IN COMMERCE DATE At least as early as 01/02/2004
GOODS AND/OR SERVICES SECTION (proposed)
U.S. CLASS 005
IDENTIFICATION
Dietary and nutritional supplements; Dietary supplements that support digestive health; Probiotic supplements; Prebiotic supplements; none of the foregoing containing oils, extracts, ingredients, or derivatives from cannabis, marijuana, or hemp, and none of the foregoing containing cannabidiol or any other substance unlawful under the Controlled Substances Act or the Federal Food, Drug, and Cosmetic Act
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2002
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2002
ATTORNEY INFORMATION (current)
NAME Bradley P. Hartman
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME HARTMAN TITUS PLC
INTERNAL ADDRESS SUITE 101
STREET 3507 N. CENTRAL AVE.
CITY PHOENIX
STATE Arizona
POSTAL CODE 85012-2121
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 602-235-0500
EMAIL trademarks@hartmantitus.com
DOCKET/REFERENCE NUMBER 1440.02.47
ATTORNEY INFORMATION (proposed)
NAME Bradley P. Hartman
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME HARTMAN TITUS PLC
INTERNAL ADDRESS SUITE 101
STREET 3507 N. CENTRAL AVE.
CITY PHOENIX
STATE Arizona
POSTAL CODE 85012-2121
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 602-235-0500
EMAIL trademarks@hartmantitus.com
DOCKET/REFERENCE NUMBER 1440.02.47
CORRESPONDENCE INFORMATION (current)
NAME Bradley P. Hartman
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks@hartmantitus.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) bhartman@hartmantitus.com
CORRESPONDENCE INFORMATION (proposed)
NAME Bradley P. Hartman
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks@hartmantitus.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) bhartman@hartmantitus.com
DOCKET/REFERENCE NUMBER 1440.02.47
PAYMENT SECTION
SECTION 7 FEE 100
TOTAL FEES DUE 100
SIGNATURE SECTION
DECLARATION SIGNATURE /bradley p hartman/
SIGNATORY'S NAME Bradley P. Hartman
SIGNATORY'S POSITION Attorney of record, Arizona bar member
DATE SIGNED 06/22/2020
REQUEST SIGNATURE /bradley p hartman/
SIGNATORY'S NAME Bradley P. Hartman
SIGNATORY'S POSITION Attorney of record, Arizona bar member
DATE SIGNED 06/22/2020
AUTHORIZED SIGNATORY YES
CONCURRENT § 8, 8 &15, OR 8 &9 FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 22 17:47:23 ET 2020
TEAS STAMP USPTO/S7R-XX.XX.XXX.XXX-2
0200622174723778373-60775
50-71067e1112668baff8a5ad
104877f9b91cfb809f4b17676
b11e68f58acb957112-CC-472
21639-2020062217380511221
3



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 1597 (Rev 11/2007)
OMB No. 0651-0055 (Exp 10/31/2021)

Section 7 Request Form


To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 6077550 ULTIMATE FLORA FX(Standard Characters, see http://uspto.report/TM/88165096/mark.png) has been amended as follows:

EXPLANATION OF FILING

The Registrant requests an AMENDMENT to the registration due to Registrant's error in the initial application made by Registrant in good faith.

Registrant requests that the date of first use and date of first use in commerce be amended and corrected to the year 2002 (00/00/2002).

The original first use date of January 2, 2004, was determined by Registrant from a review of its then-available computerized records. However, the computer system only went back to 2004. While recently perusing older company product catalogs and sales records, it was determined that the ULTIMATE FLORA FX product was actually first sold in 2002. Therefore, Registrant respectfully requests that the registration be amended to correctly identify the date of first use and date of first use in commerce as 00/00/2002.

The error was made by Registrant in good faith.  Registrant requests a corrected registration certificate reflecting the new first use dates.



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary and nutritional supplements; Dietary supplements that support digestive health; Probiotic supplements; Prebiotic supplements; none of the foregoing containing oils, extracts, ingredients, or derivatives from cannabis, marijuana, or hemp, and none of the foregoing containing cannabidiol or any other substance unlawful under the Controlled Substances Act or the Federal Food, Drug, and Cosmetic Act
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/02/2004 and first used in commerce at least as early as 01/02/2004, and is now in use in such commerce.

Proposed: Class 005 for Dietary and nutritional supplements; Dietary supplements that support digestive health; Probiotic supplements; Prebiotic supplements; none of the foregoing containing oils, extracts, ingredients, or derivatives from cannabis, marijuana, or hemp, and none of the foregoing containing cannabidiol or any other substance unlawful under the Controlled Substances Act or the Federal Food, Drug, and Cosmetic Act
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 00/00/2002 and first used in commerce at least as early as 00/00/2002, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Youngevity International, Inc., a corporation of Delaware, having an address of
      2400 Boswell Road
      Chula Vista, California 91914
      United States
      XXXX
Proposed: Youngevity International, Inc., a corporation of Delaware, having an address of

      2400 Boswell Road
      Chula Vista, California 91914
      United States
      XXXX


The owner's/holder's current attorney information: Bradley P. Hartman. Bradley P. Hartman of HARTMAN TITUS PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 101
      3507 N. CENTRAL AVE.
      PHOENIX, Arizona 85012-2121
      United States
The docket/reference number is 1440.02.47.

The phone number is 602-235-0500.

The email address is trademarks@hartmantitus.com

The owner's/holder's proposed attorney information: Bradley P. Hartman. Bradley P. Hartman of HARTMAN TITUS PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 101
      3507 N. CENTRAL AVE.
      PHOENIX, Arizona 85012-2121
      United States
The docket/reference number is 1440.02.47.

The phone number is 602-235-0500.

The email address is trademarks@hartmantitus.com

Bradley P. Hartman 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.Correspondence Information (current):
      Bradley P. Hartman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@hartmantitus.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bhartman@hartmantitus.com
Correspondence Information (proposed):
      Bradley P. Hartman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@hartmantitus.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bhartman@hartmantitus.com

The docket/reference number is 1440.02.47.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /bradley p hartman/      Date: 06/22/2020
Signatory's Name: Bradley P. Hartman
Signatory's Position: Attorney of record, Arizona bar member
Signatory's Phone: 602-759-7459

Request Signature
Signature: /bradley p hartman/     Date: 06/22/2020
Signatory's Name: Bradley P. Hartman
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone: 602-759-7459

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 filed in conjunction with a pending post-registration filing, and 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.

The registrant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    Bradley P. Hartman
   HARTMAN TITUS PLC
   SUITE 101
   3507 N. CENTRAL AVE.
   PHOENIX, Arizona 85012-2121
Mailing Address:    Bradley P. Hartman
   HARTMAN TITUS PLC
   SUITE 101
   3507 N. CENTRAL AVE.
   PHOENIX, Arizona 85012-2121
        
RAM Sale Number: 6077550
RAM Accounting Date: 06/22/2020
        
Serial Number: 88165096
Internet Transmission Date: Mon Jun 22 17:47:23 ET 2020
TEAS Stamp: USPTO/S7R-XX.XX.XXX.XXX-2020062217472377
8373-6077550-71067e1112668baff8a5ad10487
7f9b91cfb809f4b17676b11e68f58acb957112-C
C-47221639-20200622173805112213


Section 7 Request [image/jpeg]


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