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. 88429799 PROGURT(Standard Characters, see http://uspto.report/TM/88429799/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceuticals; pharmaceutical preparations; probiotic preparations; probiotic substances; probiotic bacterial preparations; probiotic cultures; bacterial cultures; cultures for medical use; bacteriological cultural media; lactic cultures for food industry; bacterial preparations for medical use; biological preparations for medical use; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms; dietetic foods adapted for medical use; dietetic substances adapted for medical use; dietetic beverages adapted for medical use; meal replacements adapted for medical use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; vitamins; vitamin formulations; mineral supplements; mineral supplements for foodstuffs; nutritional additives; nutritional supplements; nutritional cultures; bacteriological preparations for medical use; albuminous preparations for medical purposes; food preparations adapted for medical purposes; lacteal flour; milk sugar; lactose; baby milk powder; lacteal flour for babies; malted milk beverages for medical purposes; albuminous milk; albuminous foodstuffs for medical purposes; nutritional additives for medical purposes; mineral food 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 05/00/2005 and first used in commerce at least as early as 05/00/2005 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ New Zealand application number 1120191 filed 05/09/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Pharmaceuticals; pharmaceutical preparations for digestive health, cardiovascular health, immune function and blood sugar management; pharmaceutical preparations; probiotic preparations for medical use; probiotic preparations; probiotic substances, namely, probiotic supplements; probiotic substances; probiotic bacterial preparations, namely, probiotic supplements; probiotic bacterial preparations; probiotic cultures, namely, bacteriological culture mediums; probiotic cultures; cultures for medical use, namely, bacteriological cultures for medical purposes; bacterial cultures; bacterial cultures, namely, bacteriological culture mediums; cultures for medical use; bacteriological cultural media, namely, media for bacteriological cultures; bacteriological cultural media; bacterial preparations for medical use; lactic cultures for food industry; biological preparations for medical use, namely, biological preparations for the treatment of digestive disorders, cardiovascular health, immune function and blood sugar management; bacterial preparations for nutritional purposes for medical use; biological preparations for medical use; biological preparations for nutritional purposes, namely, biological preparations for the treatment of digestive health, cardiovascular health, immune function and blood sugar management; bacterial preparations for nutritional purposes; cultures of micro-organisms for medical or veterinary use; biological preparations for nutritional purposes; dietetic foods adapted for medical use; cultures of micro-organisms; dietetic substances adapted for medical use, namely, dietetic beverages adapted for medical use; meal replacement beverages adapted for medical use; dietetic substances adapted for medical use; food for babies; dietetic beverages adapted for medical use; food for infants; meal replacements adapted for medical use; milk powder for babies; milk powder for infants; dietary supplements; vitamins; vitamin formulations, namely, vitamins for mixing with yogurt; mineral supplements; mineral supplements for foodstuffs; vitamin formulations; nutritional food additives for medical purposes in the nature of natural food extracts derived from human breast milk; nutritional supplements; bacteriological preparations for medical use; nutritional additives; albuminous preparations for medical purposes, namely, albumin dietary supplements; homogenized food adapted for medical purposes; nutritional cultures; baby milk powder; lacteal flour for babies; albuminous preparations for medical purposes; milk sugar for medical purposes; food preparations adapted for medical purposes; lactose for medical purposes; lacteal flour; malted milk beverages for medical purposes; milk sugar; albuminous foodstuffs in the nature of nutritional supplements for medical purposes; lactose; nutritional food additives for medical purposes in the nature of natural food extracts derived from human breast milk; mineral food supplements; albuminous milk; albuminous foodstuffs for medical purposes; nutritional additives for medical purposesClass 005 for pharmaceutical preparations for digestive health, cardiovascular health, immune function and blood sugar management; probiotic preparations for medical use; probiotic substances, namely, probiotic supplements; probiotic bacterial preparations, namely, probiotic supplements; probiotic cultures, namely, bacteriological culture mediums; cultures for medical use, namely, bacteriological cultures for medical purposes; bacterial cultures, namely, bacteriological culture mediums; bacteriological cultural media, namely, media for bacteriological cultures; bacterial preparations for medical use; biological preparations for medical use, namely, biological preparations for the treatment of digestive disorders, cardiovascular health, immune function and blood sugar management; bacterial preparations for nutritional purposes for medical use; biological preparations for nutritional purposes, namely, biological preparations for the treatment of digestive health, cardiovascular health, immune function and blood sugar management; cultures of micro-organisms for medical or veterinary use; dietetic foods adapted for medical use; dietetic substances adapted for medical use, namely, dietetic beverages adapted for medical use; meal replacement beverages adapted for medical use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; vitamins; vitamin formulations, namely, vitamins for mixing with yogurt; mineral supplements; mineral supplements for foodstuffs; nutritional food additives for medical purposes in the nature of natural food extracts derived from human breast milk; nutritional supplements; bacteriological preparations for medical use; albuminous preparations for medical purposes, namely, albumin dietary supplements; homogenized food adapted for medical purposes; baby milk powder; lacteal flour for babies; milk sugar for medical purposes; lactose for medical purposes; malted milk beverages for medical purposes; albuminous foodstuffs in the nature of nutritional supplements for medical purposes; nutritional food additives for medical purposes in the nature of natural food extracts derived from human breast milk; mineral food 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 05/00/2005 and first used in commerce at least as early as 05/00/2005 , and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ New Zealand application number 1120191 filed 05/09/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Susan L. Stuart. Susan L. Stuart of AEON LAW, PLLC, is located at

      506 2ND AVENUE SUITE 3000
      SEATTLE, Washington 98104
      US
The docket/reference number is HENR-2019001.

The phone number is 206-217-2200.

The fax number is 206-217-2201.

The email address is trademarks@aeonlaw.com

The applicants proposed attorney information: Susan L. Stuart. Susan L. Stuart of AEON LAW, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      506 2ND AVENUE SUITE 3000
      Seattle, Washington 98104
      United States
The docket/reference number is HENR-2019001.

The phone number is 206-217-2200.

The fax number is 206-217-2201.

The email address is trademarks@aeonlaw.com

Susan L. Stuart 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: SUSAN L. STUART. SUSAN L. STUART of AEON LAW, PLLC, is located at

      506 2ND AVENUE SUITE 3000
      SEATTLE, Washington 98104
      US
The docket/reference number is HENR-2019001.

The phone number is 206-217-2200.

The fax number is 206-217-2201.

The email address is trademarks@aeonlaw.com; susi@aeonlaw.com

The applicants proposed correspondence information: Susan L. Stuart. Susan L. Stuart of AEON LAW, PLLC, is located at

      506 2ND AVENUE SUITE 3000
      Seattle, Washington 98104
      United States
The docket/reference number is HENR-2019001.

The phone number is 206-217-2200.

The fax number is 206-217-2201.

The email address is trademarks@aeonlaw.com; susi@aeonlaw.com

SIGNATURE(S)
Response Signature
Signature: /Susan L. Stuart/     Date: 02/05/2020
Signatory's Name: Susan L. Stuart
Signatory's Position: Authorized Attorney, WA Bar Member

Signatory's Phone Number: 206-217-2200

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:    SUSAN L. STUART
   AEON LAW, PLLC
   
   506 2ND AVENUE SUITE 3000
   SEATTLE, Washington 98104
Mailing Address:    Susan L. Stuart
   AEON LAW, PLLC
   506 2ND AVENUE SUITE 3000
   Seattle, Washington 98104
        
Serial Number: 88429799
Internet Transmission Date: Wed Feb 05 19:21:42 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202002051921425
61235-88429799-70059d02b8b5465196a0b6f5f
23eefd96387388f61ee1ca6cecf1cd20ac0ff-N/
A-N/A-20200205190104866692