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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88359134 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK |
http://uspto.report/TM/88359134/mark.png |
LITERAL ELEMENT |
BLISS |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_75323237-20191209173402601648_._BLISS_ROA.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0003.JPG |
ORIGINAL PDF FILE |
evi_75323237-20191209173402601648_._DECLARATION_OF_TRACY.pdf |
CONVERTED PDF FILE(S)
(8 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\591\88359134\xml4\ROA0011.JPG |
DESCRIPTION OF EVIDENCE FILE |
Arguments and Declaration of Tracy L. Zawaski. |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Essential oils, essential oils for food flavorings; Neutraceuticals for use as a dietary supplement; nutritional supplements in the
form of capsules, caplets, powder, chew, gummies, and gels; gummy vitamins; Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and
pharmaceutical preparations for the treatment of cancers, pain disorders, psychiatric disorders, nutritional deficiencies, and diseases of the skin, ear, nose, throat, cardiovascular, respiratory,
metabolic, immune, central nervous, endocrine, glandular, musculoskeletal, digestive, excretory, and reproductive systems, all of the foregoing goods being lawful under state and federal law; Candy;
chocolate, chocolate confections, chocolate candies, chocolate bars, chocolate-based beverages; snack foods, namely, chocolate-based snack foods, chocolate-based meal replacement bars; gummy candies;
food and beverage flavorings being non-essential oils |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Essential oils, essential oils for food flavorings; Nutraceuticals
for use as a dietary supplement; Neutraceuticals for use as a dietary supplement; nutritional supplements in the form of
capsules, caplets, powder, chews, gummies, and gels; nutritional supplements in the form of capsules, caplets, powder, chew, gummies, and gels;
gummy vitamins; Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical
preparations for the treatment of cancers, pain disorders, psychiatric disorders, nutritional deficiencies, and diseases of the skin, ear, nose, throat, cardiovascular, respiratory, metabolic,
immune, central nervous, endocrine, glandular, musculoskeletal, digestive, excretory, and reproductive systems, all of the foregoing goods being lawful under state and federal law; Candy; chocolate, chocolate confections, chocolate candies, chocolate bars, chocolate-based beverages; snack foods, namely, chocolate-based snack foods, chocolate-based meal replacement bars; gummy candies; food and
beverage flavorings being non-essential oils |
FINAL DESCRIPTION |
Nutraceuticals for use as a dietary supplement; nutritional supplements in the form of capsules, caplets, powder, chews, gummies, and
gels; gummy vitamins; Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations for the treatment of cancers, pain
disorders, psychiatric disorders, nutritional deficiencies, and diseases of the skin, ear, nose, throat, cardiovascular, respiratory, metabolic, immune, central nervous, endocrine, glandular,
musculoskeletal, digestive, excretory, and reproductive systems, all of the foregoing goods being lawful under state and federal law |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (030)(class added) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Candy; chocolate, chocolate confections, chocolate candies, chocolate bars, chocolate-based beverages; snack foods, namely,
chocolate-based snack foods, chocolate-based meal replacement bars; gummy candies; food and beverage flavorings being non-essential oils |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Lisa A. Harkins |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
FLENER IP & BUSINESS LAW |
STREET |
77 W WASHINGTON STREET, SUITE 800 |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60602 |
COUNTRY |
US |
PHONE |
312-724-8874 |
FAX |
312-724-7395 |
EMAIL |
info@fleneriplaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
3T10426 |
ATTORNEY SECTION (proposed) |
NAME |
Lisa A. Harkins |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
FLENER IP & BUSINESS LAW |
STREET |
77 W WASHINGTON STREET, SUITE 800 |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60602 |
COUNTRY |
United States |
PHONE |
312-724-8874 |
FAX |
312-724-7395 |
EMAIL |
info@fleneriplaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
3T10426 |
OTHER APPOINTED ATTORNEY |
Zareefa B. Flener, Tracy L. Zawaski |
CORRESPONDENCE SECTION (current) |
NAME |
LISA A. HARKINS |
FIRM NAME |
FLENER IP & BUSINESS LAW |
STREET |
77 W WASHINGTON STREET, SUITE 800 |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60602 |
COUNTRY |
US |
PHONE |
312-724-8874 |
FAX |
312-724-7395 |
EMAIL |
info@fleneriplaw.com; fleneriplaw_docketing@cardinal-ip.com; lharkins@fleneriplaw.com; zflener@fleneriplaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
3T10426 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Lisa A. Harkins |
FIRM NAME |
FLENER IP & BUSINESS LAW |
STREET |
77 W WASHINGTON STREET, SUITE 800 |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60602 |
COUNTRY |
United States |
PHONE |
312-724-8874 |
FAX |
312-724-7395 |
EMAIL |
info@fleneriplaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
3T10426 |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
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 |
/TLZ/ |
SIGNATORY'S NAME |
Tracy L. Zawaski |
SIGNATORY'S POSITION |
Attorney, Flener IP & Business Law, Illinois Bar Member |
SIGNATORY'S PHONE NUMBER |
312-724-8874 |
DATE SIGNED |
12/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Dec 09 17:51:23 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.X.XXX.XX-201
91209175123145398-8835913
4-7001f2152e159e63b40eb62
0195018aa1a97ec45a871b491
e795d555f647bbf-CC-512165
64-20191209173402601648 |
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.
88359134 BLISS(Standard Characters, see http://uspto.report/TM/88359134/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Arguments and Declaration of Tracy L. Zawaski. has been attached.
Original PDF file:
evi_75323237-20191209173402601648_._BLISS_ROA.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_75323237-20191209173402601648_._DECLARATION_OF_TRACY.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Essential oils, essential oils for food flavorings; Neutraceuticals for use as a dietary supplement; nutritional supplements in the form of capsules, caplets, powder,
chew, gummies, and gels; gummy vitamins; Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations for the
treatment of cancers, pain disorders, psychiatric disorders, nutritional deficiencies, and diseases of the skin, ear, nose, throat, cardiovascular, respiratory, metabolic, immune, central nervous,
endocrine, glandular, musculoskeletal, digestive, excretory, and reproductive systems, all of the foregoing goods being lawful under state and federal law; Candy; chocolate, chocolate confections,
chocolate candies, chocolate bars, chocolate-based beverages; snack foods, namely, chocolate-based snack foods, chocolate-based meal replacement bars; gummy candies; food and beverage flavorings
being non-essential oils
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: Essential oils, essential oils for food flavorings;
Nutraceuticals for use as a dietary
supplement;
Neutraceuticals for use as a dietary supplement;
nutritional supplements in the form of capsules, caplets,
powder, chews, gummies, and gels;
nutritional supplements in the form of capsules, caplets, powder, chew, gummies, and gels;
gummy
vitamins;
Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations for the treatment of
cancers, pain disorders, psychiatric disorders, nutritional deficiencies, and diseases of the skin, ear, nose, throat, cardiovascular, respiratory, metabolic, immune, central nervous, endocrine,
glandular, musculoskeletal, digestive, excretory, and reproductive systems, all of the foregoing goods being lawful under state and federal law;
Candy;
chocolate, chocolate confections, chocolate candies, chocolate bars, chocolate-based beverages;
snack foods, namely,
chocolate-based snack foods, chocolate-based meal replacement bars;
gummy candies;
food and beverage flavorings being
non-essential oilsClass 005 for Nutraceuticals for use as a dietary supplement; nutritional supplements in the form of capsules, caplets, powder, chews, gummies, and gels; gummy vitamins;
Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations for the treatment of cancers, pain disorders, psychiatric
disorders, nutritional deficiencies, and diseases of the skin, ear, nose, throat, cardiovascular, respiratory, metabolic, immune, central nervous, endocrine, glandular, musculoskeletal, digestive,
excretory, and reproductive systems, all of the foregoing goods being lawful under state and federal law
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 030 for Candy; chocolate, chocolate confections, chocolate candies, chocolate bars, chocolate-based beverages; snack foods, namely, chocolate-based snack foods, chocolate-based meal
replacement bars; gummy candies; food and beverage flavorings being non-essential oils
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 A. Harkins. Lisa A. Harkins of FLENER IP & BUSINESS LAW, is located at
77 W WASHINGTON STREET, SUITE 800
CHICAGO, Illinois 60602
US
The docket/reference number is 3T10426.
The phone number is 312-724-8874.
The fax number is 312-724-7395.
The email address is info@fleneriplaw.com
The applicants proposed attorney information: Lisa A. Harkins. Other appointed attorneys are Zareefa B. Flener, Tracy L. Zawaski. Lisa A. Harkins of FLENER IP & BUSINESS LAW, is a member of
the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
77 W WASHINGTON STREET, SUITE 800
CHICAGO, Illinois 60602
United States
The docket/reference number is 3T10426.
The phone number is 312-724-8874.
The fax number is 312-724-7395.
The email address is info@fleneriplaw.com
Lisa A. Harkins 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 A. HARKINS. LISA A. HARKINS of FLENER IP & BUSINESS LAW, is located at
77 W WASHINGTON STREET, SUITE 800
CHICAGO, Illinois 60602
US
The docket/reference number is 3T10426.
The phone number is 312-724-8874.
The fax number is 312-724-7395.
The email address is info@fleneriplaw.com; fleneriplaw_docketing@cardinal-ip.com; lharkins@fleneriplaw.com; zflener@fleneriplaw.com
The applicants proposed correspondence information: Lisa A. Harkins. Lisa A. Harkins of FLENER IP & BUSINESS LAW, is located at
77 W WASHINGTON STREET, SUITE 800
CHICAGO, Illinois 60602
United States
The docket/reference number is 3T10426.
The phone number is 312-724-8874.
The fax number is 312-724-7395.
The email address is info@fleneriplaw.com
FEE(S)
Fee(s) in the amount of $275 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: /TLZ/ Date: 12/09/2019
Signatory's Name: Tracy L. Zawaski
Signatory's Position: Attorney, Flener IP & Business Law, Illinois Bar Member
Signatory's Phone Number: 312-724-8874
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 A. HARKINS
FLENER IP & BUSINESS LAW
77 W WASHINGTON STREET, SUITE 800
CHICAGO, Illinois 60602
Mailing Address: Lisa A. Harkins
FLENER IP & BUSINESS LAW
77 W WASHINGTON STREET, SUITE 800
CHICAGO, Illinois 60602
RAM Sale Number: 88359134
RAM Accounting Date: 12/09/2019
Serial Number: 88359134
Internet Transmission Date: Mon Dec 09 17:51:23 EST 2019
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-201912091751231453
98-88359134-7001f2152e159e63b40eb6201950
18aa1a97ec45a871b491e795d555f647bbf-CC-5
1216564-20191209173402601648