Post Publication Amendment

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 1771 (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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88361038 KERIFLEX(Standard Characters, see http://uspto.report/TM/88361038/mark.png) has been amended as follows:

EXPLANATION OF FILING
Amendment pursuant to settlement agreement.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Nutraceuticals for use as a dietary supplement; Nutraceuticals for use as a dietary supplement for humans; Nutraceuticals for use as a dietary supplement for the treatment of inflammation and pain; Nutraceuticals, namely, protein concentrate derived from milk for the treatment of inflammation and pain
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: Nutraceuticals for use as a dietary supplement; Nutraceuticals for use as a dietary supplement for the treatment of inflammation and pain; Nutraceuticals for use as a dietary supplement for humans; Nutraceuticals, namely, protein concentrate derived from milk for the treatment of inflammation and painClass 005 for Nutraceuticals for use as a dietary supplement for the treatment of inflammation and pain; Nutraceuticals, namely, protein concentrate derived from milk for the treatment of inflammation and pain
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: Derek Fahey. Derek Fahey of THE PLUS IP FIRM, is located at

      101 NE 3RD AVENUE, SUITE 1500
      FORT LAUDERDALE, Florida 33410
      US

The phone number is 954-332-3584.

The email address is derek@plusfirm.com

The applicants proposed attorney information: Derek Fahey. Derek Fahey of THE PLUS IP FIRM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      101 NE 3RD AVENUE, SUITE 1500
      FORT LAUDERDALE, Florida 33301
      United States

The phone number is 954-332-3584.

The email address is derek@plusfirm.com

Derek Fahey 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: DEREK FAHEY. DEREK FAHEY of THE PLUS IP FIRM, is located at

      101 NE 3RD AVENUE, SUITE 1500
      FORT LAUDERDALE, Florida 33410
      US

The phone number is 954-332-3584.

The email address is derek@plusfirm.com; info@plusfirm.com

The applicants proposed correspondence information: Derek Fahey. Derek Fahey of THE PLUS IP FIRM, is located at

      101 NE 3RD AVENUE, SUITE 1500
      FORT LAUDERDALE, Florida 33301
      United States

The phone number is 954-332-3584.

The email address is derek@plusfirm.com; jill@plusfirm.com; info@plusfirm.com

SIGNATURE(S)

Signature: /Derek Fahey/     Date: 11/12/2019
Signatory's Name: Derek Fahey
Signatory's Position: Attorney of record, Florida Bar member.

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:    DEREK FAHEY
   THE PLUS IP FIRM
   
   101 NE 3RD AVENUE, SUITE 1500
   FORT LAUDERDALE, Florida 33410
Mailing Address:    Derek Fahey
   THE PLUS IP FIRM
   101 NE 3RD AVENUE, SUITE 1500
   FORT LAUDERDALE, Florida 33301
        
Serial Number: 88361038
Internet Transmission Date: Tue Nov 12 16:10:13 EST 2019
TEAS Stamp: USPTO/PPA-XXX.XXX.XX.XXX-201911121610137
29227-88361038-7005249db1efc42438079881f
ff9947273c3a23d1b4b51ceb94d42f8b3d3c2c6-
N/A-N/A-20191112160544965240