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)

---

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. 88235968 SURELIFE(Standard Characters, see http://uspto.report/TM/88235968/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 001 for Chemical substances for use as food ingredients; chemical and organic compositions for use in the manufacture of food and beverages; probiotic compositions for use as ingredients in the manufacture of food and beverages; casein for the food and beverage industry; lactose for the food industry; chemical and chemical substances including protein products; chemicals and chemical substances including dairy by-products; chemical substances for preserving foodstuffs; adhesives for use in the foodstuffs industry; milk ferments for chemical purposes; milk ferments for the food industry; protein (raw material); milk ferments for industrial purposes; bacteriological preparations, other than for medical and veterinary use; filtering preparations for the beverage and food industries; oils for the preservation of food; calcium salts; lecithin for the food industry; vitamins for use in the manufacture of food 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: Chemical substances for use as food ingredients; Chemical substances for use as food ingredients in the nature of chemical additives for use in the manufacture of food, beverages or supplements; chemical and organic compositions for use in the manufacture of food and beverages; chemical and organic compositions for use in the manufacture of food and beverages, namely, milk proteins; probiotic compositions for use as ingredients in the manufacture of food and beverages; probiotic compositions for use as ingredients in the manufacture of food and beverages, namely, probiotic bacteria and probiotic bacterial cultures; casein for the food and beverage industry; lactose for the food industry; chemical and chemical substances including protein products; chemical and chemical substances, namely, proteins for the food industry; chemicals and chemical substances including dairy by-products; chemicals and chemical substances, namely, dairy byproducts in the nature of lactose for the food industry; chemical substances for preserving foodstuffs; adhesives for use in the foodstuffs industry; adhesives to be used in the manufacture of foodstuffs; milk ferments for chemical purposes; milk ferments for the food industry; protein for use in the manufacture of beverages, food products and food supplements; protein (raw material); milk ferments for industrial purposes; bacteria for use in food and supplement manufacture; bacteriological preparations, other than for medical and veterinary use; chemical preparations in the nature of filtering materials in the beverage and food industries; filtering preparations for the beverage and food industries; oils for the preservation of food; calcium salts; lecithin for the food industry; vitamins for use in the manufacture of food supplements; protein in raw material form for use in the manufacture of food, beverages, and supplements; milk protein in raw material form for use in the manufacture of food, beverages and supplements; whey protein in raw material form for use in the manufacture of food, beverages and supplements; whey protein isolate in raw material form for use in the manufacture of food, beverages and supplements; milk protein caseinate in raw material form for use in the manufacture of food, beverages and supplements.Class 001 for Chemical substances for use as food ingredients in the nature of chemical additives for use in the manufacture of food, beverages or supplements; chemical and organic compositions for use in the manufacture of food and beverages, namely, milk proteins; probiotic compositions for use as ingredients in the manufacture of food and beverages, namely, probiotic bacteria and probiotic bacterial cultures; casein for the food and beverage industry; lactose for the food industry; chemical and chemical substances, namely, proteins for the food industry; chemicals and chemical substances, namely, dairy byproducts in the nature of lactose for the food industry; chemical substances for preserving foodstuffs; adhesives to be used in the manufacture of foodstuffs; milk ferments for the food industry; protein for use in the manufacture of beverages, food products and food supplements; milk ferments for industrial purposes; bacteria for use in food and supplement manufacture; chemical preparations in the nature of filtering materials in the beverage and food industries; oils for the preservation of food; calcium salts; lecithin for the food industry; vitamins for use in the manufacture of food supplements; protein in raw material form for use in the manufacture of food, beverages, and supplements; milk protein in raw material form for use in the manufacture of food, beverages and supplements; whey protein in raw material form for use in the manufacture of food, beverages and supplements; whey protein isolate in raw material form for use in the manufacture of food, beverages and supplements; milk protein caseinate in raw material form for use in the manufacture of food, beverages and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Infant formulas, powdered milk for babies and infants, and infant formulas adapted for medical use; dietetic substances, namely, powdered nutritional supplement drink mixes and concentrates for babies and infants, powdered milk for babies and infants, powdered meal replacement drink mixes for babies and infants adapted for medical use; dietetic beverages, namely, supplemental drinks promoting healthy growth, bone health, muscle development, cognitive development, immunity development or allergy and digestive health, for babies and infants; food for babies; food for infants; milk powder for babies; milk powder for infants; nutritional additives, namely, food additives for use in the food and pharmaceutical industry as dietary supplements for humans in the nature of extracts derived from milk, for babies and infants; none of the foregoing for veterinary animal healthcare
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: Infant formulas, powdered milk for babies and infants, and infant formulas adapted for medical use; dietetic substances, namely, powdered nutritional supplement drink mixes and concentrates for babies and infants, powdered milk for babies and infants, powdered meal replacement drink mixes for babies and infants adapted for medical use; dietetic beverages, namely, supplemental drinks promoting healthy growth, bone health, muscle development, cognitive development, immunity development or allergy and digestive health, for babies and infants; food for babies; food for infants; milk powder for babies; milk powder for infants; nutritional additives, namely, food additives for use in the food and pharmaceutical industry as dietary supplements for humans in the nature of extracts derived from milk, for babies and infants; nutritional food additives for medical purposes in the nature of natural food extracts derived from milk for babies and infants; none of the foregoing for veterinary animal healthcare; powdered nutritional supplement drink mix containing protein; powdered nutritional supplement concentrate containing milk protein.Class 005 for Infant formulas, powdered milk for babies and infants, and infant formulas adapted for medical use; dietetic substances, namely, powdered nutritional supplement drink mixes and concentrates for babies and infants, powdered milk for babies and infants, powdered meal replacement drink mixes for babies and infants adapted for medical use; dietetic beverages, namely, supplemental drinks promoting healthy growth, bone health, muscle development, cognitive development, immunity development or allergy and digestive health, for babies and infants; food for babies; food for infants; milk powder for babies; milk powder for infants; nutritional food additives for medical purposes in the nature of natural food extracts derived from milk for babies and infants; none of the foregoing for veterinary animal healthcare; powdered nutritional supplement drink mix containing protein; powdered nutritional supplement concentrate containing milk protein.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Milk powder; milk proteins for food and beverages; milk protein powders for human consumption for use as a food additive; milk proteins for human consumption; whey; whey protein for use as a food additive; whey protein isolate for use as a food additive; milk protein caseinate for use as a food additive; milk protein concentrates
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: Milk powder; milk proteins for food and beverages; whey.; milk protein powders for human consumption for use as a food additive; milk proteins for human consumption; whey; whey protein for use as a food additive; whey protein isolate for use as a food additive; milk protein caseinate for use as a food additive; milk protein concentratesClass 029 for Milk powder; whey.
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: /wjs/     Date: 07/02/2019
Signatory's Name: William J. Seiter
Signatory's Position: Attorney

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: 88235968
Internet Transmission Date: Tue Jul 02 20:20:33 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201907022020336
05484-88235968-6205bccd8ddc1ed46573eb05a
366f924da1386dc54a025797a836f9e560319-N/
A-N/A-20190702200427882913