Response to Office Action

WHOLESCRIPTS

XYMOGEN, INC.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88249502
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK http://uspto.report/TM/88249502/mark.png
LITERAL ELEMENT WHOLESCRIPTS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (class deleted)
GOODS AND/OR SERVICES SECTION (class added) Original Class (005)
INTERNATIONAL CLASS 035
DESCRIPTION
Order fulfillment services specializing in nutraceuticals, supplements and healthcare products; and pharmaceutical services, namely, processing online and telephone prescription orders for nutraceuticals, supplements and healthcare products in retail and central fill pharmacies.
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK WHOLESCRIPTS appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.
SIGNATURE SECTION
RESPONSE SIGNATURE /Robert Lockwood/
SIGNATORY'S NAME Robert Lockwood
SIGNATORY'S POSITION Attorney of record, Georgia bar member
SIGNATORY'S PHONE NUMBER 404-272-7075
DATE SIGNED 03/27/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Mar 27 04:46:13 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0190327044613463319-88249
502-620202f2b69a327c8d9da
faedfb0debf42b77f5fce4c8e
783d742cf4286c711-N/A-N/A
-20190327044206757301



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. 88249502 WHOLESCRIPTS(Standard Characters, see http://uspto.report/TM/88249502/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 005 for Third Party Fulfillment company specializing in nutraceuticals, supplements, and healthcare products; and Online Dispensary of nutraceuticals, supplements, and healthcare products through practitioner channel

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 005 ) for Order fulfillment services specializing in nutraceuticals, supplements and healthcare products; and pharmaceutical services, namely, processing online and telephone prescription orders for nutraceuticals, supplements and healthcare products in retail and central fill pharmacies.
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
WHOLESCRIPTS appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Robert Lockwood/     Date: 03/27/2019
Signatory's Name: Robert Lockwood
Signatory's Position: Attorney of record, Georgia bar member

Signatory's Phone Number: 404-272-7075

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: 88249502
Internet Transmission Date: Wed Mar 27 04:46:13 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019032704461346
3319-88249502-620202f2b69a327c8d9dafaedf
b0debf42b77f5fce4c8e783d742cf4286c711-N/
A-N/A-20190327044206757301



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