Post Publication Amendment

PTO- 1771

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1771

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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

To the Commissioner for Trademarks:

Application serial no. 88422304 EMERGE(Standard Characters, see http://uspto.report/TM/88422304/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant seeks to amend the goods description in class 005 that is narrower in scope than the published identification and there is no material difference in the nature of the goods or services. Specifically, Applicant requests the Class 005 description be amended as follows: "Powdered dietary supplement drink mix for weight loss, not including products for immune support or general wellness." As this does not expand the description, but rather narrows the scope, pursuant to TMEP 1505.03(b) applicant understands republication is not required after entry of acceptable post-publication amendments in such situation. Applicant therefore requests that such the USPTO enter the amendment and allow the mark to continue on to the through the registration process.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Powdered dietary supplement drink mix
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 02/28/2012 and first used in commerce at least as early as 02/28/2012 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Powdered dietary supplement drink mix; Powdered dietary supplement drink mix for weight loss, not including products for immune support or general wellness.Class 005 for Powdered dietary supplement drink mix for weight loss, not including products for immune support or general wellness.
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 02/28/2012 and first used in commerce at least as early as 02/28/2012 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      Clint D. Cadwallader
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@mcgrathnorth.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ccadwallader@mcgrathnorth.com
Correspondence Information (proposed):
      Clint D. Cadwallader
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@mcgrathnorth.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ccadwallader@mcgrathnorth.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)

Signature: /Clint D. Cadwallader/     Date: 03/04/2021
Signatory's Name: Clint D. Cadwallader
Signatory's Position: Attorney of record
Signature method: Signed directly within the form

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:    Clint D. Cadwallader
   MCGRATH NORTH MULLIN & KRATZ, PC LLO
   1601 DODGE ST, SUITE 3700
   1601 DODGE ST, SUITE 3700
   OMAHA, Nebraska 68102
Mailing Address:    Clint D. Cadwallader
   MCGRATH NORTH MULLIN & KRATZ, PC LLO
   1601 DODGE ST, SUITE 3700
   1601 DODGE ST, SUITE 3700
   OMAHA, Nebraska 68102
        
Serial Number: 88422304
Internet Transmission Date: Thu Mar 04 14:55:46 ET 2021
TEAS Stamp: USPTO/PPA-XXX.XX.XXX.XX-2021030414554665
0735-88422304-7708fb87affb8816bd2dabcc0f
fcea25ba3fdad1dd50fd9be223a847474c39eda-
N/A-N/A-20210304143051220049