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 |
88436570 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88436570/mark.png |
LITERAL ELEMENT |
K KETO CYCLE |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red, black, white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of Words Keto Cycle in black and red letter K in the circle composed of red coloured curved fork and spoon, white mark on the
spoon. |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Education services, namely, providing tutoring in the fields of health, nutrition and diet; Education services, namely, providing
mentoring, tutoring, classes, seminars and workshops in the field of health, nutrition, diet, weight control and cooking; Organization of seminars; Providing education courses in the field of health,
nutrition, diet, cooking, weight control offered through online, non-downloadable videos and instructor assistance; Providing on-line training courses, seminars, workshops, classes in the field of
nutrition, diet, weight control; Providing on-line videos featuring health, nutrition, diet, cooking and weight control information and instruction, not downloadable; Providing on-line digital
publications in the nature of texts, articles, blog posts, e-books in the field of health, nutrition, diet, cooking and weight control via the Internet; Providing a web site that features informal
instruction on health, nutrition, diet and cooking; Providing a website featuring blogs and non-downloadable publications in the nature of texts, articles, brochures, e-books, videos in the field(s)
of health, nutrition, diet, weight control and cooking; Publication of books |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018060308 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
05/02/2019 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Education services, namely, providing tutoring in the fields of health, nutrition and diet; Education services, namely, providing
mentoring, tutoring, classes, seminars and workshops in the field of health, nutrition, diet, weight control and cooking; Organization of seminars; Providing education courses in the field of health,
nutrition, diet, cooking, weight control offered through online, non-downloadable videos and instructor assistance; Providing on-line training courses, seminars, workshops, classes in the field of
nutrition, diet, weight control; Providing on-line videos featuring health, nutrition, diet, cooking and weight control information and instruction, not downloadable; Providing on-line digital
publications in the nature of texts, articles, blog posts, e-books in the field of health, nutrition, diet, cooking and weight control via the Internet; Providing a web site that features informal
instruction on health, nutrition, diet and cooking; Providing a website featuring blogs and non-downloadable publications in the nature of texts, articles, brochures, e-books, videos in the field(s)
of health, nutrition, diet, weight control and cooking; Publication of books |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018060308 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
05/02/2019 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
018060308 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
10/22/2019 |
FOREIGN EXPIRATION DATE |
05/02/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-901909618-102552737_._20191022_K_Keto_Cycle_certificate.pdf |
CONVERTED PDF FILE(S)
(13 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0012.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0013.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0014.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software and web sites of
others in the fields of information and instruction about health, nutrition, diet, weight control and cooking; Cloud computing featuring software for use information and instruction about health,
nutrition, diet, weight control and cooking; Electronic data storage; Hosting of digital content on the Internet; Platform as a service (PAAS) featuring computer software platforms for information
and instruction about health, nutrition, diet, weight control and cooking; Providing temporary use of non-downloadable cloud-based software for information and instruction about health, nutrition,
diet, weight control and cooking; Providing temporary use of a non-downloadable web application for information and instruction about health, nutrition, diet, weight control and cooking; Providing a
web site featuring temporary use of non-downloadable software for information and instruction about health, nutrition, diet, weight control and cooking; Providing a website featuring on-line
non-downloadable software that enables users to gain access to the health and nutrition information; Rental of computer software; Research and development and consultation related thereto in the
field of health, nutrition, diet, weight control and cooking; Server hosting; Software design and development; Software as a service (SAAS) services featuring software for information and instruction
about health, nutrition, diet, weight control and cooking; Web site hosting services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018060308 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
05/02/2019 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software and web sites of
others in the fields of information and instruction about health, nutrition, diet, weight control and cooking; Cloud computing featuring software for use information and instruction about health,
nutrition, diet, weight control and cooking; Electronic data storage; Hosting of digital content on the Internet; Platform as a service (PAAS) featuring computer software platforms for information
and instruction about health, nutrition, diet, weight control and cooking; Providing temporary use of non-downloadable cloud-based software for information and instruction about health, nutrition,
diet, weight control and cooking; Providing temporary use of a non-downloadable web application for information and instruction about health, nutrition, diet, weight control and cooking; Providing a
web site featuring temporary use of non-downloadable software for information and instruction about health, nutrition, diet, weight control and cooking; Providing a website featuring on-line
non-downloadable software that enables users to gain access to the health and nutrition information; Rental of computer software; Research and development and consultation related thereto in the
field of health, nutrition, diet, weight control and cooking; Server hosting; Software design and development; Software as a service (SAAS) services featuring software for information and instruction
about health, nutrition, diet, weight control and cooking; Web site hosting services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018060308 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
05/02/2019 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
018060308 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
10/22/2019 |
FOREIGN EXPIRATION DATE |
05/02/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-901909618-102552737_._20191022_K_Keto_Cycle_certificate.pdf |
CONVERTED PDF FILE(S)
(13 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0015.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0016.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0017.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0018.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0019.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0020.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0021.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0022.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0023.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0024.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0025.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0026.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\365\88436570\xml5\ROA0027.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Advisory services relating to health; Health care services, namely, wellness programs; Nutrition counseling; Providing health
information; Providing information on maintaining a healthy lifestyle and losing weight; Providing medical testing of fitness and medical consultations to corporate clients to help their employees
make health, wellness and nutritional changes in their daily living to improve health; Providing medical testing of fitness and medical consultations to individuals to help them make health, wellness
and nutritional changes in their daily living to improve health; Providing a website featuring information about health, wellness and nutrition; Providing a website featuring information regarding
healthy living and lifestyle wellness; Providing a website featuring information and advice in the fields of diet, weight loss, diet planning and lifestyle wellness; Web-based health assessment
services, namely, a series of health-related questions for response from the user that result in a report that provides health-related information in the form of recommended educational resources and
treatment information; Weight management services, namely, providing weight loss and/or weight maintenance programs; Weight reduction diet planning and supervision; Dietary and nutritional guidance;
Internet-based health care information services; Providing nutritional information about drinks; Providing nutritional information about food; Providing a website featuring information about
nutrition; Providing an on-line computer database featuring information regarding health and nutrition; Providing healthy lifestyle and nutrition services, namely, personal assessments, personalized
routines, maintenance schedules, and counseling; Providing information about dietary supplements and nutrition |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018060308 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
05/02/2019 |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Advisory services relating to health; Health care services, namely, wellness programs; Nutrition counseling; Providing health
information; Providing information on maintaining a healthy lifestyle and losing weight; Providing medical testing of fitness and medical consultations to corporate clients to help their employees
make health, wellness and nutritional changes in their daily living to improve health; Providing medical testing of fitness and medical consultations to individuals to help them make health, wellness
and nutritional changes in their daily living to improve health; Providing a website featuring information about health, wellness and nutrition; Providing a website featuring information regarding
healthy living and lifestyle wellness; Providing a website featuring information and advice in the fields of diet, weight loss, diet planning and lifestyle wellness; Web-based health assessment
services, namely, a series of health-related questions for response from the user that result in a report that provides health-related information in the form of recommended educational resources and
treatment information; Weight management services, namely, providing weight loss and/or weight maintenance programs; Weight reduction diet planning and supervision; Dietary and nutritional guidance;
Internet-based health care information services; Providing nutritional information about drinks; Providing nutritional information about food; Providing a website featuring information about
nutrition; Providing an on-line computer database featuring information regarding health and nutrition; Providing healthy lifestyle and nutrition services, namely, personal assessments, personalized
routines, maintenance schedules, and counseling; Providing information about dietary supplements and nutrition |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018060308 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
05/02/2019 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
018060308 |
FOREIGN REGISTRATION
DATE |
10/22/2019 |
FOREIGN EXPIRATION DATE |
05/02/2029 |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use KETO CYCLE apart from the mark as shown. |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red, black, and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of words "Keto Cycle" in black and red letter "K" in the circle composed of red coloured curved fork and spoon, white mark on
the spoon. All elements appear on a white background. |
ATTORNEY SECTION (current) |
NAME |
Marius J. Jason |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
AAA LEGAL SERVICES |
STREET |
TARTU MNT 16 |
CITY |
TALLINN |
POSTAL CODE |
10117 |
COUNTRY |
EE |
EMAIL |
aaa@aaa.ee |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TM11058US00 |
ATTORNEY SECTION (proposed) |
NAME |
Marius J. Jason |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
STREET |
4955 Shankland Rd |
CITY |
Willoughby |
STATE |
Ohio |
POSTAL CODE |
44094-5636 |
COUNTRY |
United States |
EMAIL |
marius.jason3@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TM11058US00 |
CORRESPONDENCE SECTION (current) |
NAME |
MARIUS J. JASON |
FIRM NAME |
AAA LEGAL SERVICES |
STREET |
TARTU MNT 16 |
CITY |
TALLINN |
POSTAL CODE |
10117 |
COUNTRY |
EE |
EMAIL |
aaa@aaa.ee |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TM11058US00 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Marius J. Jason |
STREET |
4955 Shankland Rd |
CITY |
Willoughby |
STATE |
Ohio |
POSTAL CODE |
44094-5636 |
COUNTRY |
United States |
EMAIL |
marius.jason3@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TM11058US00 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/mjj/ |
SIGNATORY'S NAME |
Marius J Jason |
SIGNATORY'S POSITION |
Attorney, New York Bar member |
DATE SIGNED |
10/25/2019 |
RESPONSE SIGNATURE |
/mjj/ |
SIGNATORY'S NAME |
Marius J Jason |
SIGNATORY'S POSITION |
Attorney, New York Bar member |
DATE SIGNED |
10/25/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Oct 25 10:49:39 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
191025104939196578-884365
70-6104a9898af59d1bfef311
c8d454dfde284423cff8e5bc4
1ec037582b90ddf1bb-N/A-N/
A-20191025102552737517 |
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.
88436570 K KETO CYCLE (Stylized and/or with Design, see http://uspto.report/TM/88436570/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 041 for Education services, namely, providing tutoring in the fields of health, nutrition and diet; Education services, namely, providing mentoring, tutoring, classes, seminars
and workshops in the field of health, nutrition, diet, weight control and cooking; Organization of seminars; Providing education courses in the field of health, nutrition, diet, cooking, weight
control offered through online, non-downloadable videos and instructor assistance; Providing on-line training courses, seminars, workshops, classes in the field of nutrition, diet, weight control;
Providing on-line videos featuring health, nutrition, diet, cooking and weight control information and instruction, not downloadable; Providing on-line digital publications in the nature of texts,
articles, blog posts, e-books in the field of health, nutrition, diet, cooking and weight control via the Internet; Providing a web site that features informal instruction on health, nutrition, diet
and cooking; Providing a website featuring blogs and non-downloadable publications in the nature of texts, articles, brochures, e-books, videos in the field(s) of health, nutrition, diet, weight
control and cooking; Publication of books
Original Filing Basis:
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[ European Union Trademark - EUTM application number 018060308 filed 05/02/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed: Class 041 for Education services, namely, providing tutoring in the fields of health, nutrition and diet; Education services, namely, providing mentoring, tutoring, classes, seminars
and workshops in the field of health, nutrition, diet, weight control and cooking; Organization of seminars; Providing education courses in the field of health, nutrition, diet, cooking, weight
control offered through online, non-downloadable videos and instructor assistance; Providing on-line training courses, seminars, workshops, classes in the field of nutrition, diet, weight control;
Providing on-line videos featuring health, nutrition, diet, cooking and weight control information and instruction, not downloadable; Providing on-line digital publications in the nature of texts,
articles, blog posts, e-books in the field of health, nutrition, diet, cooking and weight control via the Internet; Providing a web site that features informal instruction on health, nutrition, diet
and cooking; Providing a website featuring blogs and non-downloadable publications in the nature of texts, articles, brochures, e-books, videos in the field(s) of health, nutrition, diet, weight
control and cooking; Publication of books
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 [ European Union Trademark - EUTM application number 018060308 filed
05/02/2019]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018060308
registered 10/22/2019 with a renewal date of __________ and an expiration date of 05/02/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-901909618-102552737_._20191022_K_Keto_Cycle_certificate.pdf
Converted PDF file(s) ( 13 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software and web sites of others in the fields of
information and instruction about health, nutrition, diet, weight control and cooking; Cloud computing featuring software for use information and instruction about health, nutrition, diet, weight
control and cooking; Electronic data storage; Hosting of digital content on the Internet; Platform as a service (PAAS) featuring computer software platforms for information and instruction about
health, nutrition, diet, weight control and cooking; Providing temporary use of non-downloadable cloud-based software for information and instruction about health, nutrition, diet, weight control and
cooking; Providing temporary use of a non-downloadable web application for information and instruction about health, nutrition, diet, weight control and cooking; Providing a web site featuring
temporary use of non-downloadable software for information and instruction about health, nutrition, diet, weight control and cooking; Providing a website featuring on-line non-downloadable software
that enables users to gain access to the health and nutrition information; Rental of computer software; Research and development and consultation related thereto in the field of health, nutrition,
diet, weight control and cooking; Server hosting; Software design and development; Software as a service (SAAS) services featuring software for information and instruction about health, nutrition,
diet, weight control and cooking; Web site hosting services
Original Filing Basis:
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[ European Union Trademark - EUTM application number 018060308 filed 05/02/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed: Class 042 for Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software and web sites of others in the fields of
information and instruction about health, nutrition, diet, weight control and cooking; Cloud computing featuring software for use information and instruction about health, nutrition, diet, weight
control and cooking; Electronic data storage; Hosting of digital content on the Internet; Platform as a service (PAAS) featuring computer software platforms for information and instruction about
health, nutrition, diet, weight control and cooking; Providing temporary use of non-downloadable cloud-based software for information and instruction about health, nutrition, diet, weight control and
cooking; Providing temporary use of a non-downloadable web application for information and instruction about health, nutrition, diet, weight control and cooking; Providing a web site featuring
temporary use of non-downloadable software for information and instruction about health, nutrition, diet, weight control and cooking; Providing a website featuring on-line non-downloadable software
that enables users to gain access to the health and nutrition information; Rental of computer software; Research and development and consultation related thereto in the field of health, nutrition,
diet, weight control and cooking; Server hosting; Software design and development; Software as a service (SAAS) services featuring software for information and instruction about health, nutrition,
diet, weight control and cooking; Web site hosting services
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 [ European Union Trademark - EUTM application number 018060308 filed
05/02/2019]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018060308
registered 10/22/2019 with a renewal date of __________ and an expiration date of 05/02/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-901909618-102552737_._20191022_K_Keto_Cycle_certificate.pdf
Converted PDF file(s) ( 13 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Advisory services relating to health; Health care services, namely, wellness programs; Nutrition counseling; Providing health information; Providing information on
maintaining a healthy lifestyle and losing weight; Providing medical testing of fitness and medical consultations to corporate clients to help their employees make health, wellness and nutritional
changes in their daily living to improve health; Providing medical testing of fitness and medical consultations to individuals to help them make health, wellness and nutritional changes in their
daily living to improve health; Providing a website featuring information about health, wellness and nutrition; Providing a website featuring information regarding healthy living and lifestyle
wellness; Providing a website featuring information and advice in the fields of diet, weight loss, diet planning and lifestyle wellness; Web-based health assessment services, namely, a series of
health-related questions for response from the user that result in a report that provides health-related information in the form of recommended educational resources and treatment information; Weight
management services, namely, providing weight loss and/or weight maintenance programs; Weight reduction diet planning and supervision; Dietary and nutritional guidance; Internet-based health care
information services; Providing nutritional information about drinks; Providing nutritional information about food; Providing a website featuring information about nutrition; Providing an on-line
computer database featuring information regarding health and nutrition; Providing healthy lifestyle and nutrition services, namely, personal assessments, personalized routines, maintenance schedules,
and counseling; Providing information about dietary supplements and nutrition
Original Filing Basis:
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[ European Union Trademark - EUTM application number 018060308 filed 05/02/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed: Class 044 for Advisory services relating to health; Health care services, namely, wellness programs; Nutrition counseling; Providing health information; Providing information on
maintaining a healthy lifestyle and losing weight; Providing medical testing of fitness and medical consultations to corporate clients to help their employees make health, wellness and nutritional
changes in their daily living to improve health; Providing medical testing of fitness and medical consultations to individuals to help them make health, wellness and nutritional changes in their
daily living to improve health; Providing a website featuring information about health, wellness and nutrition; Providing a website featuring information regarding healthy living and lifestyle
wellness; Providing a website featuring information and advice in the fields of diet, weight loss, diet planning and lifestyle wellness; Web-based health assessment services, namely, a series of
health-related questions for response from the user that result in a report that provides health-related information in the form of recommended educational resources and treatment information; Weight
management services, namely, providing weight loss and/or weight maintenance programs; Weight reduction diet planning and supervision; Dietary and nutritional guidance; Internet-based health care
information services; Providing nutritional information about drinks; Providing nutritional information about food; Providing a website featuring information about nutrition; Providing an on-line
computer database featuring information regarding health and nutrition; Providing healthy lifestyle and nutrition services, namely, personal assessments, personalized routines, maintenance schedules,
and counseling; Providing information about dietary supplements and nutrition
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 [ European Union Trademark - EUTM application number 018060308 filed
05/02/2019]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018060308
registered 10/22/2019 with a renewal date of __________ and an expiration date of 05/02/2029 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
The applicant's current attorney information: Marius J. Jason. Marius J. Jason of AAA LEGAL SERVICES, is located at
TARTU MNT 16
TALLINN, 10117
EE
The docket/reference number is TM11058US00.
The email address is aaa@aaa.ee
The applicants proposed attorney information: Marius J. Jason. Marius J. Jason, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
4955 Shankland Rd
Willoughby, Ohio 44094-5636
United States
The docket/reference number is TM11058US00.
The email address is marius.jason3@gmail.com
Marius J. Jason 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: MARIUS J. JASON. MARIUS J. JASON of AAA LEGAL SERVICES, is located at
TARTU MNT 16
TALLINN, 10117
EE
The docket/reference number is TM11058US00.
The email address is aaa@aaa.ee
The applicants proposed correspondence information: Marius J. Jason. Marius J. Jason, is located at
4955 Shankland Rd
Willoughby, Ohio 44094-5636
United States
The docket/reference number is TM11058US00.
The email address is marius.jason3@gmail.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use KETO CYCLE apart from the mark as shown.
Color Claim
The color(s) red, black, and white is/are claimed as a feature of the mark.
Description of mark
The mark consists of words "Keto Cycle" in black and red letter "K" in the circle composed of red coloured curved fork and spoon, white mark on the spoon. All elements appear on a white
background.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /mjj/ Date: 10/25/2019
Signatory's Name: Marius J Jason
Signatory's Position: Attorney, New York Bar member
Response Signature
Signature: /mjj/ Date: 10/25/2019
Signatory's Name: Marius J Jason
Signatory's Position: Attorney, New York 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: MARIUS J. JASON
AAA LEGAL SERVICES
TARTU MNT 16
TALLINN, 10117
Mailing Address: Marius J. Jason
4955 Shankland Rd
Willoughby, Ohio 44094-5636
Serial Number: 88436570
Internet Transmission Date: Fri Oct 25 10:49:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191025104939196
578-88436570-6104a9898af59d1bfef311c8d45
4dfde284423cff8e5bc41ec037582b90ddf1bb-N
/A-N/A-20191025102552737517