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. 88223810 PR LOTION(Standard Characters, see http://uspto.report/TM/88223810/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of The evidence is referenced in arguments. has been attached.
Original PDF file:
evi_209341932-20190906104252981343_._PR_LOTION_Response_to_USPTO_Trademark_Office_Action_9-6-2019.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for medicated topical preparations for the delivery of supplements, namely, creams, lotions, gels, liquids, salves, ointments, and emollients for improving wellness, athletic performance, and recovery
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: medicated topical preparations for the delivery of supplements, namely, creams, lotions, gels, liquids, salves, ointments, and emollients for improving wellness, athletic performance, and recovery; medicated topical preparations for the delivery of supplements, namely, nutritional supplements in the form of topically applied lotions used for improving wellness and promoting athletic performance and recoveryClass 005 for medicated topical preparations for the delivery of supplements, namely, nutritional supplements in the form of topically applied lotions used for improving wellness and promoting athletic performance and recovery
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: Luke C. Holst. Luke C. Holst of MCGRATH NORTH MULLIN & KRATZ, PC LLO, is located at

      1601 DODGE ST., SUITE 3700
      OMAHA, Nebraska 68102
      US

The phone number is 402-341-3070.

The fax number is 402-341-0216.

The email address is trademark@mcgrathnorth.com

The applicants proposed attorney information: Luke C. Holst. Other appointed attorneys are Clint D. Cadwallader. Luke C. Holst of McGrath North Mullin & Kratz PC LLO, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1601 Dodge St., Suite 3700
      Omaha, Nebraska 68102
      United States

The phone number is 402-341-3070.

The fax number is 402-341-0216.

The email address is trademark@mcgrathnorth.com

Luke C. Holst 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: LUKE C. HOLST. LUKE C. HOLST of MCGRATH NORTH MULLIN & KRATZ, PC LLO, is located at

      1601 DODGE ST., SUITE 3700
      OMAHA, Nebraska 68102
      US

The phone number is 402-341-3070.

The fax number is 402-341-0216.

The email address is trademark@mcgrathnorth.com; lholst@mcgrathnorth.com

The applicants proposed correspondence information: Luke C. Holst. Luke C. Holst of McGrath North Mullin & Kratz PC LLO, is located at

      1601 Dodge St., Suite 3700
      Omaha, Nebraska 68102
      United States

The phone number is 402-341-3070.

The fax number is 402-341-0216.

The email address is trademark@mcgrathnorth.com; lholst@mcgrathnorth.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "LOTION" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Luke C. Holst/     Date: 09/06/2019
Signatory's Name: Luke C. Holst
Signatory's Position: Attorney of Record

Signatory's Phone Number: 4023413070

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:    LUKE C. HOLST
   MCGRATH NORTH MULLIN & KRATZ, PC LLO
   
   1601 DODGE ST., SUITE 3700
   OMAHA, Nebraska 68102
Mailing Address:    Luke C. Holst
   McGrath North Mullin & Kratz PC LLO
   1601 Dodge St., Suite 3700
   Omaha, Nebraska 68102
        
Serial Number: 88223810
Internet Transmission Date: Fri Sep 06 11:09:26 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20190906110926872
910-88223810-6106f2dbd231d4eda84bd2b859d
d79417642eea003e3384219f056c9e76b6ab-N/A
-N/A-20190906104252981343