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. 88212183 ACCRUFER(Standard Characters, see http://uspto.report/TM/88212183/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceuticals, medical and veterinary preparations; dietetic food and substances adapted for medical or veterinary use; dietary supplements for humans and animals; pharmaceuticals, medicines and veterinary preparations for the prevention and treatment of iron deficiency or anaemia in humans and animals; vitamins and minerals for the prevention and treatment of iron deficiency or anaemia in humans and animals; pharmaceuticals, medicines and veterinary preparations consisting primarily of iron; dietary and nutritional supplements consisting primarily of iron
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number 00003357629 filed 11/30/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Pharmaceuticals, medical and veterinary preparations; Pharmaceuticals, medical and veterinary preparations for the prevention and treatment of iron deficiency in humans and animals; dietetic food and substances adapted for medical or veterinary use; pharmaceuticals, medical and veterinary preparations for the prevention and treatment of anaemia in humans and animals; dietetic food, beverages and infusions adapted for medical use; pharmaceuticals, medicines and veterinary preparations for the prevention and treatment of iron deficiency or anaemia in humans and animals; dietetic food, beverages and infusions adapted for veterinary use; vitamins and minerals for the prevention and treatment of iron deficiency or anaemia in humans and animals; dietary supplements for humans and animals; pharmaceuticals, medicines and veterinary preparations consisting primarily of iron; pharmaceuticals, medicines and veterinary preparations for the prevention and treatment of iron deficiency in humans and animals; pharmaceuticals, medicines and veterinary preparations for the prevention and treatment of anaemia in humans and animals; vitamins and mineral supplements for the prevention and treatment of iron deficiency in humans and animals; vitamins and mineral supplements for the prevention and treatment of anaemia in humans and animals; pharmaceuticals, medicines and veterinary preparations consisting primarily of iron for the prevention and treatment of iron deficiency in humans and animals; pharmaceuticals, medicines and veterinary preparations consisting primarily of iron for the prevention and treatment of anaemia in humans and animals; dietary and nutritional supplements consisting primarily of ironClass 005 for Pharmaceuticals, medical and veterinary preparations for the prevention and treatment of iron deficiency in humans and animals; pharmaceuticals, medical and veterinary preparations for the prevention and treatment of anaemia in humans and animals; dietetic food, beverages and infusions adapted for medical use; dietetic food, beverages and infusions adapted for veterinary use; dietary supplements for humans and animals; pharmaceuticals, medicines and veterinary preparations for the prevention and treatment of iron deficiency in humans and animals; pharmaceuticals, medicines and veterinary preparations for the prevention and treatment of anaemia in humans and animals; vitamins and mineral supplements for the prevention and treatment of iron deficiency in humans and animals; vitamins and mineral supplements for the prevention and treatment of anaemia in humans and animals; pharmaceuticals, medicines and veterinary preparations consisting primarily of iron for the prevention and treatment of iron deficiency in humans and animals; pharmaceuticals, medicines and veterinary preparations consisting primarily of iron for the prevention and treatment of anaemia in humans and animals; dietary and nutritional supplements consisting primarily of iron
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number 00003357629 filed 11/30/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00003357629 registered 04/12/2019 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-19294203253-171848469_._ACCRUFER_UK_Reg.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_19294203253-171848469_._ACCRUFER_POA.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Carl Sterritt
Signatory's Position: CEO

Response Signature
Signature: /Catherine Mitros/     Date: 06/13/2019
Signatory's Name: Catherine Mitros
Signatory's Position: Associate attorney, Venable LLP, DC bar member

Signatory's Phone Number: 202-344-4998

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: 88212183
Internet Transmission Date: Thu Jun 13 17:44:51 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201906131744510
48859-88212183-6206218fed06315b5107c9bc4
1757671d0a02574757ed7addd8849c1488d8dea4
8-N/A-N/A-20190613171848469036