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. 88169850 BOLDR(Standard Characters, see http://uspto.report/TM/88169850/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Response to Office Action and Exhibits A to H. has been attached.
Original PDF file:
evi_649558195-20190802202742289110_._ROA_88169850__BOLDR.pdf
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Non-Medical Nutriceutical products solely in nature of powders, expressly excluding any liquid beverage, namely, nutritionally fortified beverages; Dietary supplements, expressly excluding nutritionally fortified beverages; Dietary supplements, namely, protein-based, nutrient-dense snack bars; powdered nutritional supplement drink mix containing one or more of the following ingredients, soy, oat oil, creatine, soy oil, dextrose, protein, non-fat milk, milk protein, or whey protein concentrate; dietary supplements; nutritional supplements in the nature of protein-based drinks, protein-fortified meal replacement bars, protein-fortified snack bars, and protein-based food bars; protein supplements; ready to drink nutritional beverages for use as a meal substitute for medical purposes; nutritionally fortified beverages for medical purposes; nutritional shakes for use as a meal substitute for medical purposes; dietary and nutritional supplements containing protein; food supplements; nutritional supplements; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement bars and powders for weight loss purposes; nutritional supplement meal replacement bars and powders for boosting energy; Dietary and nutritional supplements, in gel, bar, powder and liquid form; vitamin supplements; mineral supplements; vitamins; vitamin, mineral, dietary and nutritional supplements
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: Non-Medical Nutriceutical products solely in nature of powders, expressly excluding any liquid beverage, namely, nutritionally fortified beverages; Non-Medical Nutriceutical products solely in nature of powders for use as a dietary supplement, expressly excluding any liquid beverage, namely, nutritionally fortified beverages; Dietary supplements, expressly excluding nutritionally fortified beverages; Dietary supplements, namely, protein-based, nutrient-dense snack bars; powdered nutritional supplement drink mix containing one or more of the following ingredients, soy, oat oil, creatine, soy oil, dextrose, protein, non-fat milk, milk protein, or whey protein concentrate; dietary supplements; nutritional supplements in the nature of protein-based drinks, protein-fortified meal replacement bars, protein-fortified snack bars, and protein-based food bars; nutritional supplements for weight loss purposes in the nature of protein-based drinks, protein-fortified meal replacement bars, protein-fortified energy bars, and protein supplements formed and packaged as bars; protein supplements; ready to drink nutritional beverages for use as a meal substitute for medical purposes; ready to drink nutritional supplement beverages for use as a meal replacement beverages adapted for medical purposes; nutritionally fortified beverages for medical purposes; nutritional shakes for use as a meal substitute for medical purposes; dietary and nutritional supplements containing protein; food supplements; nutritional supplements; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; nutritional supplements in the form of non-fruit meal replacement bars and powders for medical purposes; nutritional supplements in the form of non-chocolate meal replacement bars and powders for medical purposes; chocolate-based meal replacement bars and powders for weight loss purposes; nutritional supplement meal replacement bars and powders for boosting energy; Dietary and nutritional supplements, in gel, bar, powder and liquid form; vitamin supplements; mineral supplements; vitamin, mineral, dietary and nutritional supplements; vitamins; vitamin, mineral, dietary and nutritional supplements.Class 005 for Non-Medical Nutriceutical products solely in nature of powders for use as a dietary supplement, expressly excluding any liquid beverage, namely, nutritionally fortified beverages; Dietary supplements, expressly excluding nutritionally fortified beverages; Dietary supplements, namely, protein-based, nutrient-dense snack bars; powdered nutritional supplement drink mix containing one or more of the following ingredients, soy, oat oil, creatine, soy oil, dextrose, protein, non-fat milk, milk protein, or whey protein concentrate; dietary supplements; nutritional supplements for weight loss purposes in the nature of protein-based drinks, protein-fortified meal replacement bars, protein-fortified energy bars, and protein supplements formed and packaged as bars; protein supplements; ready to drink nutritional supplement beverages for use as a meal replacement beverages adapted for medical purposes; nutritionally fortified beverages for medical purposes; nutritional shakes for use as a meal substitute for medical purposes; dietary and nutritional supplements containing protein; food supplements; nutritional supplements; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; nutritional supplements in the form of non-fruit meal replacement bars and powders for medical purposes; nutritional supplements in the form of non-chocolate meal replacement bars and powders for medical purposes; chocolate-based meal replacement bars and powders for weight loss purposes; nutritional supplement meal replacement bars and powders for boosting energy; Dietary and nutritional supplements, in gel, bar, powder and liquid form; vitamin supplements; mineral supplements; vitamins; vitamin, mineral, dietary and nutritional supplements.
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: /Susan L. Heller/     Date: 08/02/2019
Signatory's Name: Susan L. Heller
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 9497326810

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: 88169850
Internet Transmission Date: Fri Aug 02 20:32:13 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190802203213193
074-88169850-620cfcee3187ce7fb80888e3b57
3d0ddd5ebf861138640803daaf01d58518d781d-
N/A-N/A-20190802202742289110