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. 88301853 MYNE(Standard Characters, see http://uspto.report/TM/88301853/mark.png) has been amended as follows:

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

Please see attached 'evidence' pdf entitled "Response to Office Action"

EVIDENCE
Evidence in the nature of pdf copy of Office Action Response - Amendment of class 5 goods recitation and Remarks. has been attached.
Original PDF file:
evi_1-19836189130-20191023145729411843_._Response_to_Office_Action.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for dietary and nutritional supplements; vitamin and mineral supplements; food supplements; weight management products; food bars, drink mixes, teas; all-purpose disinfectants; protein powders; powders used in the preparation of sports drinks; preparations for making beverages; and powdered concentrate for making 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: Dietary and nutritional supplements; vitamin and mineral supplements; food supplements; weight management products; weight management supplements; food bars, drink mixes, teas; meal replacement bars for weight loss purposes; dietary supplement drink mixes; protein powders; all-purpose disinfectants; powders used in the preparation of sports drinks; protein supplements in powder form; preparations for making beverages; and powdered concentrate for making nutritional supplement beverages; and powdered concentrate for making beveragesClass 005 for Dietary and nutritional supplements; vitamin and mineral supplements; food supplements; weight management supplements; meal replacement bars for weight loss purposes; dietary supplement drink mixes; all-purpose disinfectants; protein supplements in powder form; and powdered concentrate for making nutritional supplement 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.

The applicant's current attorney information: Lisa M. Caldwell. Lisa M. Caldwell of KLARQUIST SPARKMAN, LLP, is located at

      ONE WORLD TRADE CENTER, SUITE 1600
      121 SW SALMON STREET
      PORTLAND, Oregon 97204
      US
The docket/reference number is 659210191701.

The phone number is 503-595-5300.

The fax number is 503-595-5301.

The email address is ptotmdocket@klarquist.com

The applicants proposed attorney information: Lisa M. Caldwell. Other appointed attorneys are Patrick M. Bible, Lisa M. Caldwell, J. Christopher Carraway, Kristin L. Cleveland, Robert T. Cruzen, Scott E. Davis, James G. DeRouin, Christopher S. Duncan, Sandon M. Duncan, Ryan A. Farmer, James E. Geringer, Michael P. Girard, Susan W. Graf, Carsten C. Grellmann, Jeffrey B. Haendler, Klaus H. Hamm, Kevin M. Hayes, Joseph T. Jakubek, Alexa M. Johnson, Brandon J. Johnson, Cory A. Jones, Michael D. Jones, Ramon A. Klitzke II, Deakin T. Lauer, Salumeh R. Loesch, Jeffrey S. Love, John M. Lunsford, Andrew M. Mason, Gregory L. Maurer, Ethan A. McGrath, Lauren E. Mitchell, William D. Noonan, David P. Petersen, Kyle B. Rinehart, Wayne R. Rupert, Sheree Lynn Rybak, Johanna P. Schwartz, Gregory K. Scott, Robert F. Scotti, Todd M. Siegel, Stacey C. Slater, Derrick W. Toddy, John D. Vandenberg, Mark W. Wilson, Garth A. Winn, and Travis Young, all members of the Bar of the State of Oregon. Lisa M. Caldwell of Klarquist Sparkman, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      One World Trade Center, Suite 1600
      121 SW Salmon Street
      Portland, Oregon 97204
      United States
The docket/reference number is 659210191701.

The phone number is 503-595-5300.

The fax number is 503-595-5301.

The email address is ptotmdocket@klarquist.com

Lisa M. Caldwell 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: LISA M. CALDWELL. LISA M. CALDWELL of KLARQUIST SPARKMAN, LLP, is located at

      ONE WORLD TRADE CENTER, SUITE 1600
      121 SW SALMON STREET
      PORTLAND, Oregon 97204
      US
The docket/reference number is 659210191701.

The phone number is 503-595-5300.

The fax number is 503-595-5301.

The email address is ptotmdocket@klarquist.com

The applicants proposed correspondence information: Lisa M. Caldwell. Lisa M. Caldwell of Klarquist Sparkman, LLP, is located at

      One World Trade Center, Suite 1600
      121 SW Salmon Street
      Portland, Oregon 97204
      United States
The docket/reference number is 659210191701.

The phone number is 503-595-5300.

The fax number is 503-595-5301.

The email address is ptotmdocket@klarquist.com; lisa.caldwell@klarquist.com

SIGNATURE(S)
Response Signature
Signature: /Lisa M. Caldwell/     Date: 10/23/2019
Signatory's Name: Lisa M. Caldwell
Signatory's Position: Attorney of Record, Oregon State Bar Member

Signatory's Phone Number: 5035955300

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:    LISA M. CALDWELL
   KLARQUIST SPARKMAN, LLP
   ONE WORLD TRADE CENTER, SUITE 1600
   121 SW SALMON STREET
   PORTLAND, Oregon 97204
Mailing Address:    Lisa M. Caldwell
   Klarquist Sparkman, LLP
   One World Trade Center, Suite 1600
   121 SW Salmon Street
   Portland, Oregon 97204
        
Serial Number: 88301853
Internet Transmission Date: Wed Oct 23 16:45:14 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910231645146
33597-88301853-610abc5c427ea19f9b159c3e0
c8de962ee1b0734d19a5d15359f471a4c336512b
bb-N/A-N/A-20191023145729411843