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. 88259013 NUUN (Stylized and/or with Design, see http://uspto.report/TM/88259013/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 005 for [USE IN COMMERCE] Dissolving or effervescent tablets used to make electrolyte replacement drinks; dissolving or effervescent tablets used to make sports drinks; mineral supplements; [INTENT TO USE] Dissolving or effervescent tablets used to make energy drinks; dissolving or effervescent tablets used to make protein drinks; powdered electrolyte replacement drink mix; powdered mixes for making sports drinks; powered mixes for making energy drinks; powdered mixes for making protein drinks; vitamin supplements; probiotic supplements; vitamin supplement in tablet form for use in making effervescent and non-effervescent beverages when added to water; dissolving or effervescent tablets and powders for making beverages to support digestive health, cognitive functionality, joints and overall health and well being
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 12/00/2018 and first used in commerce at least as early as 12/00/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: [USE IN COMMERCE] Dissolving or effervescent tablets used to make electrolyte replacement drinks; dissolving or effervescent tablets used to make sports drinks; mineral supplements [INTENT TO USE] Powdered electrolyte replacement drink mix; mineral supplements; vitamin supplements; [INTENT TO USE] Dissolving or effervescent tablets used to make energy drinks; probiotic supplements; dissolving or effervescent tablets used to make protein drinks; vitamin supplement in tablet form for use in making effervescent and non-effervescent beverages when added to water; powdered electrolyte replacement drink mix; dissolving or effervescent tablets and powders for making beverages to support digestive health, cognitive functionality, joints and overall health and well being; powdered mixes for making sports drinks; powered mixes for making energy drinks; powdered mixes for making protein drinksClass 005 for [USE IN COMMERCE] Dissolving or effervescent tablets used to make electrolyte replacement drinks; mineral supplements [INTENT TO USE] Powdered electrolyte replacement drink mix; vitamin supplements; probiotic supplements; vitamin supplement in tablet form for use in making effervescent and non-effervescent beverages when added to water; dissolving or effervescent tablets and powders for making beverages to support digestive health, cognitive functionality, joints and overall health and well being
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 12/00/2018 and first used in commerce at least as early as 12/00/2018 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 032 for [USE IN COMMERCE] Dissolving or effervescent tablets used to make sports drinks [INTENT TO USE] Dissolving or effervescent tablets used to make energy drinks; dissolving or effervescent tablets used to make protein drinks; powdered mixes for making sports drinks; powered mixes for making energy drinks; powdered mixes for making protein drinks
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 12/00/2018 and first used in commerce at least as early as 12/00/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 032 . The specimen(s) submitted consists of a photograph showing use of the mark on the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

ADDITIONAL STATEMENTS
Description of mark
The mark consists of trade dress applied to product packaging and consists of a multiple section label with the top portion being the largest section, the middle portion being smaller, and the bottom portion being the smallest section. The stylized word "NUUN" with a plus-sign design integrated into the first letter "N" of the word is located on the top portion of the sectioned product label. The dotted lines forming the cylindrical shape of the container and its cap are intended to show the position of the mark and are not part of the mark.

Miscellaneous Statement
Applicant respectfully submits that "powdered electrolyte replacement drink mix" is proper to Class 5, as the goods 'Dissolving or effervescent tablets used to make electrolyte replacement drinks' are described similarly and have been accepted for publication in Class 5


FEE(S)
Fee(s) in the amount of $275 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: /Winfield B. Martin/      Date: 04/24/2019
Signatory's Name: Winfield B. Martin
Signatory's Position: Attorney of Record, Member Washington State Bar
Signatory's Phone Number: (206) 359-8000


Response Signature
Signature: /Winfield B. Martin/     Date: 04/24/2019
Signatory's Name: Winfield B. Martin
Signatory's Position: Attorney of Record, Washington state bar member

Signatory's Phone Number: 2063598000

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.

        
RAM Sale Number: 88259013
RAM Accounting Date: 04/25/2019
        
Serial Number: 88259013
Internet Transmission Date: Wed Apr 24 14:16:16 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201904241416166
33121-88259013-620ee10ed55e49173fde955f9
505c918cbee835c82e267ec7a0b662c584c8c7ef
89-CC-568-20190424135625524153