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. 88213075 DARK HORSE(Standard Characters, see http://uspto.report/TM/88213075/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 Nutritional supplements, herbal supplements, nutraceuticals, pharmaceuticals and therapeutics, dietary supplements, mineral supplements, plant extracts for pharmaceuticals
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: Nutritional supplements, herbal supplements, nutraceuticals, pharmaceuticals and therapeutics, dietary supplements, mineral supplements, plant extracts for pharmaceuticals; Nutritional supplements; herbal supplements; nutraceuticals for use as a dietary supplement; dietary supplements; mineral supplements; plant extracts for pharmaceuticalsClass 005 for Nutritional supplements; herbal supplements; nutraceuticals for use as a dietary supplement; dietary supplements; mineral supplements; plant extracts for pharmaceuticals
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.

The applicant's current attorney information: Kristi W. Whalen. Kristi W. Whalen of E. & J. GALLO WINERY, is located at

      600 YOSEMITE BOULEVARD
      MODESTO, California 95354
      US
The docket/reference number is USNAD4-019-e.

The phone number is 209-341-6349.

The email address is tm.group@ejgallo.com

The applicants proposed attorney information: Kristi W. Whalen. Kristi W. Whalen of E. & J. GALLO WINERY, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 YOSEMITE BOULEVARD
      MODESTO, California 95354
      United States
The docket/reference number is USNAD4-019-e.

The phone number is 209-341-6349.

The email address is tm.group@ejgallo.com

Kristi W. Whalen 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.
The applicant's current correspondence information: KRISTI W. WHALEN. KRISTI W. WHALEN of E. & J. GALLO WINERY, is located at

      600 YOSEMITE BOULEVARD
      MODESTO, California 95354
      US
The docket/reference number is USNAD4-019-e.

The phone number is 209-341-6349.

The email address is tm.group@ejgallo.com

The applicants proposed correspondence information: Kristi W. Whalen. Kristi W. Whalen of E. & J. GALLO WINERY, is located at

      600 YOSEMITE BOULEVARD
      MODESTO, California 95354
      United States
The docket/reference number is USNAD4-019-e.

The phone number is 209-341-6349.

The email address is tm.group@ejgallo.com

SIGNATURE(S)
Response Signature
Signature: /kww/     Date: 09/03/2019
Signatory's Name: Kristi W. Whalen
Signatory's Position: Attorney of record, California bar member

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 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.

Mailing Address:    KRISTI W. WHALEN
   E. & J. GALLO WINERY
   
   600 YOSEMITE BOULEVARD
   MODESTO, California 95354
Mailing Address:    Kristi W. Whalen
   E. & J. GALLO WINERY
   600 YOSEMITE BOULEVARD
   MODESTO, California 95354
        
Serial Number: 88213075
Internet Transmission Date: Tue Sep 03 18:13:35 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20190903181335305
995-88213075-6101bf9bce170f452e16ca4a550
85f62cb5c2c4924e87e8319a0b513c23c7a7595-
N/A-N/A-20190903174608581850