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. 88365235 ELIVATE(Standard Characters, see http://uspto.report/TM/88365235/mark.png) has been amended as follows:

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



EVIDENCE
Evidence in the nature of remarks/arguments in response to the 2(d) refusal has been attached.
Original PDF file:
evi_162254154130-20190909110529132974_._MDC-59712-Response_to_OA.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail services featuring nutritional supplements, dietary supplements, protein supplements
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 01/21/2013 and first used in commerce at least as early as 01/21/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail services featuring nutritional supplements, dietary supplements, protein supplements; Retail store services featuring nutritional supplements, dietary supplements and protein supplementsClass 035 for Retail store services featuring nutritional supplements, dietary supplements and protein 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 01/21/2013 and first used in commerce at least as early as 01/21/2013 , and is now in use in such commerce.
The applicant's current attorney information: Steven J. Solomon. Steven J. Solomon of PEARNE & GORDON LLP, is located at

      SUITE 1200
      1801 EAST 9TH STREET
      CLEVELAND, Ohio 44114
      US
The docket/reference number is MDC-59712.

The phone number is 216-579-1700.

The fax number is 2165796073.

The email address is tmdocket@pearne.com

The applicants proposed attorney information: Steven J. Solomon. Steven J. Solomon of PEARNE & GORDON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1200
      1801 EAST 9TH STREET
      CLEVELAND, Ohio 44114
      United States
The docket/reference number is MDC-59712.

The phone number is 216-579-1700.

The fax number is 2165796073.

The email address is tmdocket@pearne.com

Steven J. Solomon 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: STEVEN J. SOLOMON. STEVEN J. SOLOMON of PEARNE & GORDON LLP, is located at

      SUITE 1200
      1801 EAST 9TH STREET
      CLEVELAND, Ohio 44114
      US
The docket/reference number is MDC-59712.

The phone number is 216-579-1700.

The fax number is 2165796073.

The email address is tmdocket@pearne.com; ascheidler@pearne.com

The applicants proposed correspondence information: Steven J. Solomon. Steven J. Solomon of PEARNE & GORDON LLP, is located at

      SUITE 1200
      1801 EAST 9TH STREET
      CLEVELAND, Ohio 44114
      United States
The docket/reference number is MDC-59712.

The phone number is 216-579-1700.

The fax number is 2165796073.

The email address is tmdocket@pearne.com; ascheidler@pearne.com

SIGNATURE(S)
Response Signature
Signature: /stevenjsolomon/     Date: 09/09/2019
Signatory's Name: Steven J. Solomon
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 2165791700

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:    STEVEN J. SOLOMON
   PEARNE & GORDON LLP
   SUITE 1200
   1801 EAST 9TH STREET
   CLEVELAND, Ohio 44114
Mailing Address:    Steven J. Solomon
   PEARNE & GORDON LLP
   SUITE 1200
   1801 EAST 9TH STREET
   CLEVELAND, Ohio 44114
        
Serial Number: 88365235
Internet Transmission Date: Mon Sep 09 12:12:08 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190909121208
519145-88365235-610401d2d1128c740d0f7547
ea8a0467791d1a0bf9f91e59552acebe53e5c6-N
/A-N/A-20190909110529132974