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. 88353598 REVITAL (Stylized and/or with Design, see http://uspto.report/TM/88353598/mark.png) has been amended as follows:

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

We, ReVital Organics, have acknowledged and clarified our trademark per the reviewing attorney's request and instructions (although our company name is ReVital Organics, we do not include the word "organics" in our mark submitted, as the USDA does not permit that the word "organics" is printed on a specimen unless the product is organic by USDA standards; organics may be used in some of our marks in the future, should the product be organic in accordance with USDA's organic standards). We understand and recognize the potential similarity between our trademark, and that of RevitalX (serial number 78114109), and RevitalX & Detoxitech (serial number 78250568). We provide visual comparisons of both of the registrant's products next to ours to demonstrate the difference in font, spelling, capitalization, ingredient makeup, indicated product description and corresponding usage of products. Please review the evidence (images demonstrating RevitalX, and RevitalX & Detoxitech are as directly submitted to the USPTO by Natural Foods as specimen images for trademarking).

EVIDENCE
Evidence in the nature of The evidence we provide is to relieve the concern that ReVital (Organics) may be too too close to the trademark held by the Natural Factors Co. for their products RevitalX and RevitalX and Detoxitech. We provide the exact specimen images as submitted by Natural Factors Co. to the USPTO for trademarking, and pair them side by side with ReVital Organics' images to draw visual comparisons and address the issues made in the letter by the reviewing attorney. To help eliminate probability of confusion for consumers searching for either, we want to emphasize that the registrant's names, RevitalX, and RevitalX and Detoxitech, are two specific product titles by parent company Natural Factors, rather than brand names. Our brand/company name is ReVital Organics, but distributed products are always accompanied by a specific, identifying product title. ReVital Organics brand name is spelled with a capitalized R, and a capitalized V, with the remaining letters in lowercase. RevitalX is spelled with a capital R and a capital X attached. On the mark images, as submitted to the USPTO, RevitalX, and RevitalX and Detoxitech are both spelled in black with lowercase letters, with the exception of the capital R and X for RevitalX, and the R, X, and D for RevitalX and Detoxitech. As submitted to the USPTO, ReVital Organics' mark is spelled in blue, capital letters as REVITAL, in an alternate font, with only a partial R (missing the left vertical line of the letter R), and includes a blue and green flower above it in place of the i in REVITAL. There is no inclusion of X in the first word in our brand name or on our mark (REVITAL), which should largely help eliminate confusion of the first word. The evidence also demonstrates both ReVital Organics', and RevitalX/RevitalX and Detoxitech's logos, product packaging, identifying descriptions, and corresponding ingredient makeups. While all products included are dietary supplements, and both are dietary supplement companies, it is distinguishably clear that ReVital Organics is a protein-based (collagen) powder dietary supplement for replenishment of body tissues and cosmetic benefits, while RevitalX, and RevitalX and Detoxitech are specific vitamin powder formulas for "rejuvenating" and "detoxifying" the gut. We understand that there could potentially be confusion as stated by the reviewing attorney, as collagen can assist with the gut, so we have obligingly made the corresponding adjustments to our mark and description for all intents and purposes of specific clarification, per the reviewing attorney, Andrea's, requests. has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary supplement beverage for collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Dietary supplement drink mixes; Dietary supplemental drinks; Dietary supplements; Dietary supplements also containing organic vitamin c (organic camu camu), organic vanilla; Dietary supplements for human consumption; Dietary supplements for collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Dietary supplements in the form of powder; Dietary supplements with a cosmetic effect; Dietary and nutritional supplements; Dietary and nutritional supplements containing hydrolyzed (marine) collagen, organic vitamin c (organic camu camu), organic vanilla; Dietary and nutritional supplements for endurance sports; Dietary and nutritional supplements for collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Dietary food supplements; Ketogenic dietary and nutritional supplements; Natural dietary supplements; Natural dietary supplements for the treatment of collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Nutraceuticals for use as a dietary supplement; Nutraceuticals for use as a dietary supplement for collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Protein dietary supplements; Vitamins and dietary food supplements for animals
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/15/2017 and first used in commerce at least as early as 11/15/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Dietary supplement beverage for collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Dietary supplement beverage for collagen replenishment and support of body tissues; Dietary supplement drink mixes; Dietary supplemental drinks; Dietary supplements; Dietary supplements also containing organic vitamin c (organic camu camu), organic vanilla; Dietary supplements for human consumption; Dietary supplements in the form of powder; Dietary supplements for collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Dietary supplements with a cosmetic effect; Dietary and nutritional supplements; Dietary and nutritional supplements containing hydrolyzed collagen; Dietary and nutritional supplements for endurance sports; Dietary and nutritional supplements containing hydrolyzed (marine) collagen, organic vitamin c (organic camu camu), organic vanilla; Ketogenic dietary and nutritional supplements; Natural dietary supplements; Dietary and nutritional supplements for collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Nutraceuticals for use as a dietary supplement; Dietary food supplements; Protein dietary supplements; Powder dietary supplements.; Natural dietary supplements for the treatment of collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Nutraceuticals for use as a dietary supplement for collagen replenishment for support of hair, skin, nails, gut, joints, bones, tendons, blood vessels, organs; Vitamins and dietary food supplements for animalsClass 005 for Dietary supplement beverage for collagen replenishment and support of body tissues; Dietary supplement drink mixes; Dietary supplemental drinks; Dietary supplements; Dietary supplements for human consumption; Dietary supplements in the form of powder; Dietary supplements with a cosmetic effect; Dietary and nutritional supplements; Dietary and nutritional supplements containing hydrolyzed collagen; Dietary and nutritional supplements for endurance sports; Ketogenic dietary and nutritional supplements; Natural dietary supplements; Nutraceuticals for use as a dietary supplement; Protein dietary supplements; Powder dietary supplements.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/15/2017 and first used in commerce at least as early as 11/15/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 005 . The specimen(s) submitted consists of The specimen demonstrates the logo, packaging, description, content, and corresponding usage/effects of a dietary supplement manufactured and distributed by ReVital Organics. .
"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

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Natalie Kashani, DBA ReVital Organics, a sole proprietorship legally organized under the laws of California, comprising of Natalie Kashani, U.S. Citizenship, having an address of
      
      Unit 1028715 Burton Way
      West Hollywood, California 90048
      United States

      XXXX (authorized)
      415-450-5591
Proposed: ReVital Organics, DBA ReVital Organics, a sole proprietorship legally organized under the laws of California, comprising of Natalie Kashani, U.S. Citizenship, having an address of
      7190 W Sunset Blvd
      #46
      Los Angeles, California 90046-4415
      United States
      XXXX (authorized)
      

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use REVITAL or ReVital Organics apart from the mark as shown.


Color Claim
The color(s) blue and green is/are claimed as a feature of the mark.

Description of mark
The mark consists of The mark consists of the stylized wording REVITAL with a partial R (missing the left vertical line in the letter R) in blue under a flower consisting of five circular rows of petals. The innermost, middle and outermost rows of petals are green, while the other two rows are blue.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


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: /NatalieKashani/      Date: 12/01/2019
Signatory's Name: Natalie Kashani
Signatory's Position: Owner

Response Signature
Signature: /NatalieKashani/     Date: 12/01/2019
Signatory's Name: Natalie Kashani
Signatory's Position: Owner

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88353598
Internet Transmission Date: Sun Dec 01 20:04:43 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20191201200443021482-88353598-70
04f545e927ad3635e8fbea538197cc6789f71691
ea27e5fb92c9c3f74c924daa-N/A-N/A-2019120
1192321660724