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. 88246387 PROBAR (Stylized and/or with Design, see http://uspto.report/TM/88246387/mark.png) has been amended as follows:

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

Applicant responds to the Request for Information as follows: the intended use of the mark, depending on the particular services in question, cover advertising, electronic displays, point of purchase displays, and/or the like.   The services are for use including within the normal channel of trade, through regular merchandise, distribution, online, and/ or service channels. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Meal replacement bars for medical purposes, nutritional and dietary bars for use as a meal replacement for medical purposes; protein supplements; protein dietary supplements; dietary supplements; nutritional and dietary supplements in powder form; nutritional supplements; nutritional supplements, namely, meal supplements and meal replacements; nutritional supplements, namely, meal supplements and meal replacements in powdered form; protein for use as a nutritional supplement in ready-to-drink beverages, nutritional supplements in the nature of a nutrient-dense, protein-based drink mix; fruit-based, nut-based, protein-based, granola-based or chocolate-based meal replacement bars for medical purposes; nutritional and dietary bars for use as a meal replacement, namely, nutritional and dietary supplements formed and packaged as bars; fruit-based, nut-based, protein-based or granola-based meal replacement bars for medical purposes; fruit-based, nut-based, protein-based or granola-based nutritional and dietary bars for use as a meal replacement for medical purposes; nutritional supplements in the nature of a protein-based, nutrient-dense food bar; protein-based snack bars; nutritional supplements in the nature of nutritionally fortified soft chews; refrigerated, fresh, and/or perishable fruit-based, nut-based, protein-based or granola-based meal replacement bars; nutritional supplements in the nature of protein-based, nutrient-dense food bars; refrigerated, fresh, and/or perishable nutritional supplements in the nature of protein-based, nutrient-dense food bars; nutritional and dietary supplements formed and packaged as bars; dietary supplemental drinks; probiotic 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: Meal replacement bars for medical purposes, nutritional and dietary bars for use as a meal replacement for medical purposes; protein supplements; protein dietary supplements; dietary supplements; nutritional and dietary supplements in powder form; nutritional supplements; nutritional supplements, namely, meal supplements and meal replacements; nutritional supplements, namely, meal supplements and meal replacements in powdered form; protein for use as a nutritional supplement in ready-to-drink beverages, nutritional supplements in the nature of a nutrient-dense, protein-based drink mix; fruit-based, nut-based, protein-based, granola-based or chocolate-based meal replacement bars for medical purposes; nutritional and dietary bars for use as a meal replacement, namely, nutritional and dietary supplements formed and packaged as bars; fruit-based, nut-based, protein-based or granola-based meal replacement bars for medical purposes; fruit-based, nut-based, protein-based or granola-based nutritional and dietary bars for use as a meal replacement for medical purposes; nutritional supplements in the nature of a protein-based, nutrient-dense food bar; protein-based snack bars; protein-based dietary supplement formed and packaged as snack bars; nutritional supplements in the nature of nutritionally fortified soft chews; refrigerated, fresh, and/or perishable fruit-based, nut-based, protein-based or granola-based meal replacement bars; refrigerated, fresh, and/or perishable fruit-based, nut-based, protein-based or granola-based meal replacement bars for medical purposes; nutritional supplements in the nature of protein-based, nutrient-dense food bars; refrigerated, fresh, and/or perishable nutritional supplements in the nature of protein-based, nutrient-dense food bars; nutritional and dietary supplements formed and packaged as bars; dietary supplemental drinks; probiotic supplementsClass 005 for Meal replacement bars for medical purposes, nutritional and dietary bars for use as a meal replacement for medical purposes; protein supplements; protein dietary supplements; dietary supplements; nutritional and dietary supplements in powder form; nutritional supplements; nutritional supplements, namely, meal supplements and meal replacements; nutritional supplements, namely, meal supplements and meal replacements in powdered form; protein for use as a nutritional supplement in ready-to-drink beverages, nutritional supplements in the nature of a nutrient-dense, protein-based drink mix; fruit-based, nut-based, protein-based, granola-based or chocolate-based meal replacement bars for medical purposes; nutritional and dietary bars for use as a meal replacement, namely, nutritional and dietary supplements formed and packaged as bars; fruit-based, nut-based, protein-based or granola-based meal replacement bars for medical purposes; fruit-based, nut-based, protein-based or granola-based nutritional and dietary bars for use as a meal replacement for medical purposes; nutritional supplements in the nature of a protein-based, nutrient-dense food bar; protein-based dietary supplement formed and packaged as snack bars; nutritional supplements in the nature of nutritionally fortified soft chews; refrigerated, fresh, and/or perishable fruit-based, nut-based, protein-based or granola-based meal replacement bars for medical purposes; nutritional supplements in the nature of protein-based, nutrient-dense food bars; refrigerated, fresh, and/or perishable nutritional supplements in the nature of protein-based, nutrient-dense food bars; nutritional and dietary supplements formed and packaged as bars; dietary supplemental drinks; probiotic 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 029 for Fruit based, nut-based or vegetable-based meal replacement bars, fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement; fruit-based, nut-based or vegetable-based meal replacement bars which contain protein; fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement which contain protein; fruit based organic food bars, fruit based organic food bars also containing vegetables, dried fruits, fruit juice, grains, nuts, and/or seeds; protein based nutrient dense food bars, nut based food bars, nut and seed based food bars; processed fruit-based or vegetable-based nutrient dense food bars which contain protein, processed nut based food bars, processed nut and seed based food bars; fruit-based snack food; snack food chews made primarily from fruit; snack food chews made primarily from vegetables; snack food chews made primarily from fruits, vegetables, for use in conjunction with athletic activities; snack food chews made primarily from fruits, vegetables, and enhanced with vitamins; butter; fruit butter; seed butters; nut butters; nut based snack foods; nut and fruit based snack foods; snack pack primarily containing nut butter; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based food bars; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based food bars containing probiotics; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based meal replacement bars which contain protein; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement which contain protein; refrigerated, fresh, and perishable fruit based organic food bars, fruit based organic food bars also containing vegetables, nuts, and/or seeds; refrigerated, fresh, and/or perishable processed fruit-based or vegetable-based nutrient dense food bars which contain protein, processed nut based food bars, processed nut and seed based food bars; fruit-based snacks; nut-based snack foods; seed-based snack foods; nut and seed-based snack foods soy-based snack foods; fruit-based snack food; seed-based snack foods; fruit and soy based snack food; vegetable-based snack foods; nut-based snack foods, namely, nut crisps; yogurt drinks; drinks based on yogurt; vegetable beverages; vegetable-based food beverages
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: Fruit based, nut-based or vegetable-based meal replacement bars, fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement; fruit-based, nut-based or vegetable-based meal replacement bars which contain protein; fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement which contain protein; fruit based organic food bars, fruit based organic food bars also containing vegetables, dried fruits, fruit juice, grains, nuts, and/or seeds; protein based nutrient dense food bars, nut based food bars, nut and seed based food bars; protein based nutrient dense fruit, vegetable, nut and seed food bars, nut based food bars, nut and seed based food bars; processed fruit-based or vegetable-based nutrient dense food bars which contain protein, processed nut based food bars, processed nut and seed based food bars; fruit-based snack food; snack food chews made primarily from fruit; snack food chews made primarily from vegetables; snack food chews made primarily from fruits, vegetables, for use in conjunction with athletic activities; snack food chews made primarily from fruits, vegetables, and enhanced with vitamins; butter; fruit butter; seed butters; nut butters; nut based snack foods; nut and fruit based snack foods; snack pack primarily containing nut butter; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based food bars; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based food bars containing probiotics; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based meal replacement bars which contain protein; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement which contain protein; refrigerated, fresh, and perishable fruit based organic food bars, fruit based organic food bars also containing vegetables, nuts, and/or seeds; refrigerated, fresh, and/or perishable processed fruit-based or vegetable-based nutrient dense food bars which contain protein, processed nut based food bars, processed nut and seed based food bars; fruit-based snacks; nut-based snack foods; seed-based snack foods; nut and seed-based snack foods soy-based snack foods; fruit-based snack food; seed-based snack foods; fruit and soy based snack food; vegetable-based snack foods; nut-based snack foods, namely, nut crisps; yogurt drinks; drinks based on yogurt; vegetable beverages; vegetable-based food beverages; organic nut and seed-based snack bars; perishable fruit-based, nut-based, protein-based or granola-based meal replacement bars not for medical purposesClass 029 for Fruit based, nut-based or vegetable-based meal replacement bars, fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement; fruit-based, nut-based or vegetable-based meal replacement bars which contain protein; fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement which contain protein; fruit based organic food bars, fruit based organic food bars also containing vegetables, dried fruits, fruit juice, grains, nuts, and/or seeds; protein based nutrient dense fruit, vegetable, nut and seed food bars, nut based food bars, nut and seed based food bars; processed fruit-based or vegetable-based nutrient dense food bars which contain protein, processed nut based food bars, processed nut and seed based food bars; fruit-based snack food; snack food chews made primarily from fruit; snack food chews made primarily from vegetables; snack food chews made primarily from fruits, vegetables, for use in conjunction with athletic activities; snack food chews made primarily from fruits, vegetables, and enhanced with vitamins; butter; fruit butter; seed butters; nut butters; nut based snack foods; nut and fruit based snack foods; snack pack primarily containing nut butter; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based food bars; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based food bars containing probiotics; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based meal replacement bars which contain protein; refrigerated, fresh, and/or perishable fruit-based, nut-based or vegetable-based nutritional and dietary bars for use as a meal replacement which contain protein; refrigerated, fresh, and perishable fruit based organic food bars, fruit based organic food bars also containing vegetables, nuts, and/or seeds; refrigerated, fresh, and/or perishable processed fruit-based or vegetable-based nutrient dense food bars which contain protein, processed nut based food bars, processed nut and seed based food bars; fruit-based snacks; nut-based snack foods; seed-based snack foods; nut and seed-based snack foods soy-based snack foods; fruit-based snack food; seed-based snack foods; fruit and soy based snack food; vegetable-based snack foods; nut-based snack foods, namely, nut crisps; yogurt drinks; drinks based on yogurt; vegetable-based food beverages; organic nut and seed-based snack bars; perishable fruit-based, nut-based, protein-based or granola-based meal replacement bars not for medical purposes
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 030 for Grain-based snack bars, granola-based snack bars; granola-based meal replacement bars which contain protein; granola-based nutritional dietary bars for use as a meal replacement which contain protein; cereal bars; high-protein cereal bars; cookies; cookies with nuts; cookies and crackers; chocolate covered cookies; crackers; grain crackers; snack food chews made primarily from tapioca syrup; snack food chews made primarily from grain; cereal-based snack food; grain-based snack foods; granola-based snack food; protein-based snack foods; multigrain-based snack foods; organic nut and seed-based snack bars; snack foods, namely, chocolate-based snack foods; snack food chews made primarily from grains or tapioca syrup, for use in conjunction with athletic activities; snack food chews made primarily from grains or tapioca syrup, also containing fruits and vegetables and enhanced with vitamins; refrigerated, fresh, and/or perishable granola-based meal replacement bars which contain protein; refrigerated, fresh, and/or perishable grain based food bars; refrigerated, fresh, and/or perishable grain based food bars containing probiotics; herbal food beverages; grain-based beverages
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: Grain-based snack bars, granola-based snack bars; granola-based meal replacement bars which contain protein; granola-based nutritional dietary bars for use as a meal replacement which contain protein; cereal bars; high-protein cereal bars; cookies; cookies with nuts; cookies and crackers; chocolate covered cookies; crackers; grain crackers; snack food chews made primarily from tapioca syrup; snack food chews made primarily from grain; snack food chews made primarily from processed grain; cereal-based snack food; grain-based snack foods; granola-based snack food; protein-based snack foods; protein-based snack foods, namely, granola-based snack bars; multigrain-based snack foods; organic nut and seed-based snack bars; snack foods, namely, chocolate-based snack foods; snack food chews made primarily from processed grains or tapioca syrup, for use in conjunction with athletic activities; snack food chews made primarily from grains or tapioca syrup, for use in conjunction with athletic activities; snack food chews made primarily from processed grains or tapioca syrup, also containing fruits and vegetables and enhanced with vitamins; snack food chews made primarily from grains or tapioca syrup, also containing fruits and vegetables and enhanced with vitamins; refrigerated, fresh, and/or perishable granola-based meal replacement bars which contain protein; refrigerated, fresh, and/or perishable grain based food bars; refrigerated, fresh, and/or perishable grain based food bars containing probiotics; herbal food beverages; grain-based beverages, grain-based food beverages; grain-based beverages; chocolate-based beveragesClass 030 for Grain-based snack bars, granola-based snack bars; granola-based meal replacement bars which contain protein; granola-based nutritional dietary bars for use as a meal replacement which contain protein; cereal bars; high-protein cereal bars; cookies; cookies with nuts; cookies and crackers; chocolate covered cookies; crackers; grain crackers; snack food chews made primarily from tapioca syrup; snack food chews made primarily from processed grain; cereal-based snack food; grain-based snack foods; granola-based snack food; protein-based snack foods, namely, granola-based snack bars; multigrain-based snack foods; snack foods, namely, chocolate-based snack foods; snack food chews made primarily from processed grains or tapioca syrup, for use in conjunction with athletic activities; snack food chews made primarily from processed grains or tapioca syrup, also containing fruits and vegetables and enhanced with vitamins; refrigerated, fresh, and/or perishable granola-based meal replacement bars which contain protein; refrigerated, fresh, and/or perishable grain based food bars; refrigerated, fresh, and/or perishable grain based food bars containing probiotics; herbal food beverages; grain-based beverages, grain-based food beverages; chocolate-based beverages
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 032 for Protein-enriched sports beverages; sports drinks; sports drinks, namely, performance drinks; sports drinks, namely, recovery drinks; sports drinks, namely, energy drinks; vegetable drinks; vegetable juices; energy drinks; fruit drinks; fruit flavored drinks; fruit beverages; fruit-based beverages; whey beverages; vegetable juice beverages; chocolate-based beverages; grain-based food beverages; aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, carbohydrate drinks for use as food fillers; water beverages; isotonic beverages
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: Protein-enriched sports beverages; sports drinks; sports drinks, namely, performance drinks; sports drinks, namely, recovery drinks; sports drinks, namely, energy drinks; vegetable drinks; vegetable juices; energy drinks; fruit drinks; fruit flavored drinks; fruit beverages; fruit-based beverages; whey beverages; vegetable juice beverages; chocolate-based beverages; aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, carbohydrate drinks for use as food fillers; grain-based food beverages; water beverages; isotonic beverages; vegetable juice food beveragesClass 032 for Protein-enriched sports beverages; sports drinks; sports drinks, namely, performance drinks; sports drinks, namely, recovery drinks; sports drinks, namely, energy drinks; vegetable drinks; vegetable juices; energy drinks; fruit drinks; fruit flavored drinks; fruit beverages; fruit-based beverages; whey beverages; vegetable juice beverages; aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, carbohydrate drinks for use as food fillers; water beverages; isotonic beverages; vegetable juice food beverages
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 035 for Providing consumer, commercial and consumer product information in the fields of an relating to food, beverages, drinks and snacks; providing a website featuring consumer, commercial and consumer information in the fields of an relating food, beverages, drinks and snacks
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: Providing consumer, commercial and consumer product information in the fields of an relating to food, beverages, drinks and snacks; Providing commercial and consumer product information for consumers in the choice of products and services in the fields of food, beverages, drinks and snacks; providing a website featuring consumer, commercial and consumer information in the fields of an relating food, beverages, drinks and snacks; providing a website featuring commercial and consumer information in the fields of food, beverages, drinks and snacksClass 035 for Providing commercial and consumer product information for consumers in the choice of products and services in the fields of food, beverages, drinks and snacks; providing a website featuring commercial and consumer information in the fields of food, beverages, drinks and snacks
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 hereby appoints Jennifer L. Whitelaw. Jennifer L. Whitelaw of WHITELAW LEGAL GROUP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3838 Tamiami Trail North, Suite 310
      Naples, Florida 34103
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 239-262-1001.

The fax number is 239-261-0057.

The email address is usptomail@whitelawfirm.com

Jennifer L. Whitelaw 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: . , is located at

      
      ,

The applicants proposed correspondence information: Jennifer L. Whitelaw. Jennifer L. Whitelaw of WHITELAW LEGAL GROUP, is located at

      3838 Tamiami Trail North, Suite 310
      Naples, Florida 34103
      United States

The phone number is 239-262-1001.

The fax number is 239-261-0057.

The email address is usptomail@whitelawfirm.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of an orange rectangle containing the word "PRO" followed by the word "BAR" which is in a vertical layout. All instances of the color white in the mark represent background and/or transparent areas only and are not claimed as features of the mark.

Miscellaneous Statement
For purposes of this Application only, Applicant disclaims any exclusive right in the term "BAR" apart from the mark as shown, but does not thereby relinquish any common law rights in the term nor in the applied for mark. Applicant acknowledges that the Office prints the disclaimer in standard form. Applicant submits the foregoing with the understanding that the same resolves the outstanding action, to the extent it does not, Applicant reverts/refers to the prior state of the application before submission hereof.


SIGNATURE(S)
Response Signature
Signature: /JENNIFER L. WHITELAW/     Date: 09/18/2019
Signatory's Name: Jennifer L. Whitelaw
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 239-262-1001

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:    
   
   
   
   ,
Mailing Address:    Jennifer L. Whitelaw
   WHITELAW LEGAL GROUP
   3838 Tamiami Trail North, Suite 310
   Naples, Florida 34103
        
Serial Number: 88246387
Internet Transmission Date: Wed Sep 18 13:45:54 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019091813455459
6655-88246387-61063c73c9ac62ed61920b08de
8b139ed89e64234526e52fee63489e3ff18e59-N
/A-N/A-20190918111420019105