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 |
88257152 |
LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
MARK SECTION |
MARK |
SILVERSPOON |
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 (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Providing weight management, treatment and supervision through programs featuring counseling for healthy living, diet planning,
wellness, weight loss, weight management, and nutrition; and specialized low calorie, portion controlled foods, creating healthy diet regimes; providing advice, consultation and information in the
field of weight management including telephone and online advice, consultation and information in the fields of health, wellness and nutrition to individuals to help them achieve weight loss and
weight management with a healthy lifestyle |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
Providing weight management, treatment and supervision through programs featuring counseling for healthy
living, diet planning, wellness, weight loss, weight management, and nutrition; Providing weight management services, namely, nutritional programs and supervision
through programs featuring health counseling for healthy living, diet planning, wellness, weight management, and nutrition; and specialized low calorie, portion
controlled foods, creating healthy diet regimes; providing advice, consultation and information in the field of weight management including telephone and online
advice, consultation and information in the fields of health, wellness and nutrition to individuals to help them achieve weight management and nutritional goals with a healthy lifestyle;
providing advice, consultation and information in the field of weight management including telephone and online advice, consultation and information in the fields of
health, wellness and nutrition to individuals to help them achieve weight loss and weight management with a healthy lifestyle |
FINAL DESCRIPTION |
Providing weight management services, namely, nutritional programs and supervision through programs featuring health counseling for
healthy living, diet planning, wellness, weight management, and nutrition; providing advice, consultation and information in the field of weight management including telephone and online advice,
consultation and information in the fields of health, wellness and nutrition to individuals to help them achieve weight management and nutritional goals with a healthy lifestyle |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (029)(class added) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Specialized low calorie, portion-controlled foods, namely, fruit-based and nut-based snack foods and cheese |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (030)(class added) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Specialized low calorie, portion-controlled foods, namely, cereal-based and grain-based snack foods, pasta salad, and prepared entrees,
frozen entrees, prepared side dishes and prepared meals consisting primarily of rice or pasta |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
550 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Ray Bilbao/ |
SIGNATORY'S NAME |
Ray Bilbao |
SIGNATORY'S POSITION |
Vice President & Assistant Secretary |
DATE SIGNED |
10/01/2019 |
RESPONSE SIGNATURE |
/Salsabil Ahmed/ |
SIGNATORY'S NAME |
Salsabil Ahmed |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
2124796000 |
DATE SIGNED |
10/01/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Oct 01 13:03:38 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0191001130338642232-88257
152-6109315fd1567573a9b68
2dfe5cdf46e18ea4265aad213
7d7502c4edb47e8609597-DA-
03383928-2019100110291610
6835 |
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.
88257152 SILVERSPOON(Standard Characters, see ) 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 044 for Providing weight management, treatment and supervision through programs featuring counseling for healthy living, diet planning, wellness, weight loss, weight management,
and nutrition; and specialized low calorie, portion controlled foods, creating healthy diet regimes; providing advice, consultation and information in the field of weight management including
telephone and online advice, consultation and information in the fields of health, wellness and nutrition to individuals to help them achieve weight loss and weight management with a healthy
lifestyle
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 weight management, treatment and supervision through programs featuring counseling for healthy living, diet planning,
wellness, weight loss, weight management, and nutrition;
Providing weight management services, namely, nutritional programs and supervision through programs
featuring health counseling for healthy living, diet planning, wellness, weight management, and nutrition;
and specialized low calorie, portion controlled
foods, creating healthy diet regimes;
providing advice, consultation and information in the field of weight management including telephone and online advice,
consultation and information in the fields of health, wellness and nutrition to individuals to help them achieve weight management and nutritional goals with a healthy lifestyle;
providing advice, consultation and information in the field of weight management including telephone and online advice, consultation and information in the fields of health,
wellness and nutrition to individuals to help them achieve weight loss and weight management with a healthy lifestyleClass 044 for Providing weight management services, namely, nutritional
programs and supervision through programs featuring health counseling for healthy living, diet planning, wellness, weight management, and nutrition; providing advice, consultation and information in
the field of weight management including telephone and online advice, consultation and information in the fields of health, wellness and nutrition to individuals to help them achieve weight
management and nutritional goals with a healthy lifestyle
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 hereby adds the following class of goods/services to the application:
New: Class 029 for Specialized low calorie, portion-controlled foods, namely, fruit-based and nut-based snack foods and cheese
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 hereby adds the following class of goods/services to the application:
New: Class 030 for Specialized low calorie, portion-controlled foods, namely, cereal-based and grain-based snack foods, pasta salad, and prepared entrees, frozen entrees, prepared side dishes
and prepared meals consisting primarily of rice or pasta
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.
FEE(S)
Fee(s) in the amount of $550 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Ray Bilbao/ Date: 10/01/2019
Signatory's Name: Ray Bilbao
Signatory's Position: Vice President & Assistant Secretary
Response Signature
Signature: /Salsabil Ahmed/ Date: 10/01/2019
Signatory's Name: Salsabil Ahmed
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2124796000
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.
RAM Sale Number: 88257152
RAM Accounting Date: 10/01/2019
Serial Number: 88257152
Internet Transmission Date: Tue Oct 01 13:03:38 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019100113033864
2232-88257152-6109315fd1567573a9b682dfe5
cdf46e18ea4265aad2137d7502c4edb47e860959
7-DA-03383928-20191001102916106835