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. 88349144 YOUR FIRST CHOICE FOR NATURAL MEDICINE(Standard Characters, see http://uspto.report/TM/88349144/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 (1) Herbal supplements for general health and well-being, Dietary supplements for general health and well-being, Nutritional supplements for general health and well-being, Botanical supplements for general health and well-being (2) Vitamins, Minerals (3) Essential fatty acids blends (4) Probiotics (5) Nutritional greens supplements (6) Prebiotics (7) Oral hyaluronic acid supplement (8) Nutraceutical-based cosmetics for animals, Nutraceutical-based cosmetics for pets, Nutraceutical-based skincare for animals, Nutraceutical-based skincare for pets, Nutraceutical-based shampoo for animals, Nutraceutical-based shampoo for pets (9) Nutraceutical-based cosmetics for humans, Nutraceutical-based skincare for humans, Nutraceutical-based shampoo for humans (10) Melatonin
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1921449 filed 09/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: (1) Herbal supplements for general health and well-being, Dietary supplements for general health and well-being, Nutritional supplements for general health and well-being, Botanical supplements for general health and well-being (2) Vitamins, Minerals (3) Essential fatty acids blends (4) Probiotics (5) Nutritional greens supplements (6) Prebiotics (7) Oral hyaluronic acid supplement (8) Nutraceutical-based cosmetics for animals, Nutraceutical-based cosmetics for pets, Nutraceutical-based skincare for animals, Nutraceutical-based skincare for pets, Nutraceutical-based shampoo for animals, Nutraceutical-based shampoo for pets (9) Nutraceutical-based cosmetics for humans, Nutraceutical-based skincare for humans, Nutraceutical-based shampoo for humans (10) Melatonin; Herbal supplements for general health and well-being, Dietary supplements for general health and well-being, Nutritional supplements for general health and well-being, Botanical dietary supplements for general health and well-being; Vitamins; Minerals, namely, mineral supplements; Essential fatty acids blends in the nature of dietary supplements; Probiotics, namely, probiotic supplements; Dietary supplements, namely, nutritional greens supplements; Prebiotics, namely, prebiotic supplements; Oral hyaluronic acid supplement; Nutraceutical-based medicated cosmetics for animals; Nutraceutical-based medicated cosmetics for pets, Nutraceutical-based medicated skincare preparations for animals, Nutraceutical-based medicated skincare preparations for pets, Nutraceutical-based medicated shampoo for animals, Nutraceutical-based medicated shampoo for pets; Nutraceutical-based medicated cosmetics for humans, Nutraceutical-based medicated skincare preparations for humans, Nutraceutical-based medicated shampoo for humans; Dietary supplements, namely, MelatoninClass 005 for Herbal supplements for general health and well-being, Dietary supplements for general health and well-being, Nutritional supplements for general health and well-being, Botanical dietary supplements for general health and well-being; Vitamins; Minerals, namely, mineral supplements; Essential fatty acids blends in the nature of dietary supplements; Probiotics, namely, probiotic supplements; Dietary supplements, namely, nutritional greens supplements; Prebiotics, namely, prebiotic supplements; Oral hyaluronic acid supplement; Nutraceutical-based medicated cosmetics for animals; Nutraceutical-based medicated cosmetics for pets, Nutraceutical-based medicated skincare preparations for animals, Nutraceutical-based medicated skincare preparations for pets, Nutraceutical-based medicated shampoo for animals, Nutraceutical-based medicated shampoo for pets; Nutraceutical-based medicated cosmetics for humans, Nutraceutical-based medicated skincare preparations for humans, Nutraceutical-based medicated shampoo for humans; Dietary supplements, namely, Melatonin
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1921449 filed 09/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for (1) Online sale of herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals (2) Operation of a website featuring the retail sale of herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals (3) Operation of a website providing information in the field of herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals (4) Providing a website for patient and healthcare professional education and information in the field of natural health products
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1921449 filed 09/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: (1) Online sale of herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals (2) Operation of a website featuring the retail sale of herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals (3) Operation of a website providing information in the field of herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals (4) Providing a website for patient and healthcare professional education and information in the field of natural health products; Online retail store services featuring herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals; Providing a website featuring retail store services featuring herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals; Providing a website featuring consumer product information in the field of herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals; Providing a website for patient and healthcare professional education featuring consumer product information in the field of natural health productsClass 035 for Online retail store services featuring herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals; Providing a website featuring retail store services featuring herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals; Providing a website featuring consumer product information in the field of herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals; Providing a website for patient and healthcare professional education featuring consumer product information in the field of natural health products
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1921449 filed 09/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 003 for Nutraceutical-based non-medicated cosmetics for animals; Nutraceutical-based non-medicated cosmetics for pets, Nutraceutical-based non-medicated skincare preparations for animals, Nutraceutical-based non-medicated skincare preparations for pets, Nutraceutical-based non-medicated shampoo for animals, Nutraceutical-based non-medicated shampoo for pets; Nutraceutical-based non-medicated cosmetics for humans, Nutraceutical-based non-medicated skincare preparations for humans, Nutraceutical-based non-medicated shampoo for humans
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1921449 filed 09/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Providing a website featuring information in the field of health and nutrition, namely, herbal supplements, nutritional supplements, dietary supplements, botanical supplements, vitamins, minerals, nutraceuticals; Providing a website for patient and healthcare professional education featuring information in the field of natural health products
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1921449 filed 09/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Please see the attached response text.

Original PDF file:
mis-16224823482-20191125171316896520_._ResponseText112519__A3626422x9DEB4_.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2

FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /chris hussin/     Date: 11/26/2019
Signatory's Name: Christopher J. Hussin
Signatory's Position: Attorney of Record, Wisconsin Bar Member

Signatory's Phone Number: 608-257-9521

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: 88349144
RAM Accounting Date: 11/26/2019
        
Serial Number: 88349144
Internet Transmission Date: Tue Nov 26 10:10:33 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201911261010336
70849-88349144-700acfc7ddf1ac5af9e140bf2
7db854218f3cd275d38b38fc65c4dff971193be8
f-CC-10325931-20191125171316896520