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. 88343024 TREK(Standard Characters, see http://uspto.report/TM/88343024/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 029 for snack bars; energy bars
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: snack bars; Nut- and dried fruit- based snack bars; energy bars; Nut- and fruit- based meal replacement bars for boosting energyClass 029 for Nut- and dried fruit- based snack bars; Nut- and fruit- based meal replacement bars for boosting energy
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: Mary Catherine Merz. Mary Catherine Merz of MERZ & ASSOCIATES, P.C., is located at

      408 MADISON STREET, SUITE A
      OAK PARK, Illinois 60302
      US
The docket/reference number is 25364.

The phone number is 708-383-8801 x122.

The fax number is 7083838897.

The email address is docket@merz-law.com

The applicants proposed attorney information: Mary Catherine Merz. Other appointed attorneys are Jennifer A. Widmer; Colleen E. Ferguson. Mary Catherine Merz of Merz & Associates, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      408 Madison Street, Suite A
      Oak Park, Illinois 60302
      United States
The docket/reference number is 25364.

The phone number is 708-383-8801 x122.

The fax number is 7083838897.

The email address is docket@merz-law.com

Mary Catherine Merz 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: MARY CATHERINE MERZ. MARY CATHERINE MERZ of MERZ & ASSOCIATES, P.C., is located at

      408 MADISON STREET, SUITE A
      OAK PARK, Illinois 60302
      US
The docket/reference number is 25364.

The phone number is 708-383-8801 x122.

The fax number is 7083838897.

The email address is docket@merz-law.com; mmerz@merz-law.com

The applicants proposed correspondence information: Mary Catherine Merz. Mary Catherine Merz of Merz & Associates, P.C., is located at

      408 Madison Street, Suite A
      Oak Park, Illinois 60302
      United States
The docket/reference number is 25364.

The phone number is 708-383-8801 x122.

The fax number is 7083838897.

The email address is docket@merz-law.com

SIGNATURE(S)
Response Signature
Signature: /Mary Catherine Merz/     Date: 09/20/2019
Signatory's Name: Mary Catherine Merz
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 7083838801

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:    MARY CATHERINE MERZ
   MERZ & ASSOCIATES, P.C.
   
   408 MADISON STREET, SUITE A
   OAK PARK, Illinois 60302
Mailing Address:    Mary Catherine Merz
   Merz & Associates, P.C.
   408 Madison Street, Suite A
   Oak Park, Illinois 60302
        
Serial Number: 88343024
Internet Transmission Date: Fri Sep 20 17:58:11 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019092017581164
9147-88343024-610fa28f155c38c292f4c861be
e97c50507faa1e9c8829aff3bbcdbfb1b6a7b97-
N/A-N/A-20190920175314926888