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 |
88445650 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK |
http://uspto.report/TM/88445650/mark.png |
LITERAL ELEMENT |
INOX |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Vitamins and vitamin preparations; vitamin preparations; vitamin supplements; vitamin drops; vitamin supplements in tablet form for
making effervescent beverages when added to water; vitamins for use in the manufacture of food supplements and food products; dietary, herbal, botanical and nutritional supplements for general health
and well-being; dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis,
insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases,
metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial
skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome,
gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy,
Parkinson's disease, multiple sclerosis; nutritional supplement meal replacement bars and beverages for boosting energy; nutritional supplements in the form of pills, powders, liquids and bars for
the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections,
chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia,
gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and
parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective
tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; clothing, namely, shirts,
tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits; exercise clothing; headwear, namely, hats and caps;
footwear, namely, running shoes, sandals and slippers; carry-all bags; gym bags; knapsacks; towels; water bottles; exercise equipment and machines, namely, personal exercise mats, gymnasium exercise
mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief exercise balls, stress relief exercise toys,
waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical
exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars,
push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings; calisthenic equipment and machines for exercise; Retail sale of vitamins and vitamin preparations,
vitamin supplements, vitamin drops, vitamin supplements in tablet form for making effervescent beverages when added to water, vitamins for use in the manufacture of food supplements and food
products, dietary, herbal, botanical and nutritional supplements for general health and well-being, dietary, herbal and botanical supplements for the treatment of seasonal affective disorder,
attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood
disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy,
anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory
diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and
brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; retail sale of nutritional supplement meal replacement bars and beverages
for boosting energy, nutritional supplements in the form of pills, powders, liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis,
lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach
ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory
connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and
parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy,
Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; retail sale of clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants,
track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise clothing, headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags,
knapsacks, towels, water bottles, exercise equipment and machines, namely, personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines
for exercise, stationary exercise bicycles and rollers, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights
for exercise, abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise
pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars, push-up bars, skipping ropes, exercise boxes for jumping and exercise bars,
stands and rings, calisthenic equipment and machines for exercise; online retail sale of vitamins and vitamin preparations, vitamin supplements, vitamin drops, vitamin supplements in tablet form for
making effervescent beverages when added to water, vitamins for use in the manufacture of food supplements and food products, dietary, herbal, botanical and nutritional supplements for general health
and well-being, dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis,
insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases,
metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial
skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome,
gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy,
Parkinson's disease, multiple sclerosis; online retail sale of nutritional supplement meal replacement bars and beverages for boosting energy, nutritional supplements in the form of pills, powders,
liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches,
urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely,
diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections,
viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal
system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis;
online retail sale of clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeves shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise
clothing, headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment and machines, namely,
personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief
exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for
exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights,
free weights for physical exercise, chin-up bars, push up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines for exercise;
manufacturing of fitness and exercise equipment; providing information about dietary supplements and nutrition via an interactive website; providing information in the field of exercise via an
interactive website |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1963494 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
05/16/2019 |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Vitamins and vitamin preparations; vitamin preparations; vitamin
supplements; vitamin drops; vitamin supplements in tablet form for making effervescent beverages when added to water; vitamins for use in the manufacture of food supplements and food products; dietary, herbal, botanical and nutritional supplements for general health and
well-being; dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy,
anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers,
cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective
tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites,
irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's
disease, cerebral palsy, Parkinson's disease, multiple sclerosis; nutritional supplement meal replacement bars and beverages for boosting energy; nutritional supplements in the form of pills, powders, liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy,
anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers,
cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective
tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites,
irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's
disease, cerebral palsy, Parkinson's disease, multiple sclerosis; clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts,
jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits; exercise clothing; headwear, namely,
hats and caps; footwear, namely, running shoes, sandals and slippers; carry-all bags; gym bags; knapsacks; towels; water bottles; exercise equipment and machines, namely, personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise,
stationary exercise bicycles and rollers, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise,
abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise
trampolines, exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars, push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and
rings; calisthenic equipment and machines for exercise; Retail sale of vitamins and vitamin preparations, vitamin
supplements, vitamin drops, vitamin supplements in tablet form for making effervescent beverages when added to water, vitamins for use in the manufacture of food supplements and food products,
dietary, herbal, botanical and nutritional supplements for general health and well-being, dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit
hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone
diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory
bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders,
intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and
disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; retail sale of nutritional supplement meal
replacement bars and beverages for boosting energy, nutritional supplements in the form of pills, powders, liquids and bars for the treatment of seasonal affective disorder, attention deficit
hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone
diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory
bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders,
intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and
disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; retail sale of clothing, namely, shirts, tank-tops,
sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise clothing, headwear, namely, hats and caps, footwear,
namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment and machines, namely, personal exercise mats, gymnasium exercise mats,
rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief exercise balls, stress relief exercise toys, waist
trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical
exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars,
push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines for exercise; online retail
sale of vitamins and vitamin preparations, vitamin supplements, vitamin drops, vitamin supplements in tablet form for making effervescent beverages when added to water, vitamins for use in the
manufacture of food supplements and food products, dietary, herbal, botanical and nutritional supplements for general health and well-being, dietary, herbal and botanical supplements for the
treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections,
chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia,
gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and
parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective
tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; online retail sale of nutritional supplement meal replacement bars and beverages for boosting energy, nutritional supplements in the form of pills, powders, liquids and bars for the
treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections,
chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia,
gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and
parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective
tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; online retail sale of clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeves shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits,
exercise clothing, headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment and machines,
namely, personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress
relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards
for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights,
free weights for physical exercise, chin-up bars, push up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines for exercise;
manufacturing of fitness and exercise equipment; providing information about dietary supplements and nutrition via an
interactive website; providing information in the field of exercise via an interactive website |
FINAL DESCRIPTION |
Vitamins and vitamin preparations; vitamin preparations; vitamin supplements; vitamin drops; vitamin supplements in tablet form for
making effervescent beverages when added to water; vitamins for use in the manufacture of food supplements and food products; dietary, herbal, botanical and nutritional supplements for general health
and well-being; dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis,
insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases,
metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial
skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome,
gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy,
Parkinson's disease, multiple sclerosis; nutritional supplement meal replacement bars and beverages for boosting energy; nutritional supplements in the form of pills, powders, liquids and bars for
the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections,
chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia,
gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and
parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective
tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1963494 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
05/16/2019 |
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. |
GOODS AND/OR SERVICES SECTION (025)(class added) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants, leggings, socks,
sports bras, underwear, swimsuits; exercise clothing, namely, pants, tank tops, shirts, hoodies, shorts, sports bras, swimsuits; headwear, namely, hats and caps; footwear, namely, running shoes,
sandals and slippers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1963494 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
05/16/2019 |
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. |
GOODS AND/OR SERVICES SECTION (028)(class added) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Exercise equipment and machines, namely, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise,
stationary exercise bicycles and rollers therefore, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for
exercise, abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys,
exercise trampolines, exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars, push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and
rings; calisthenic equipment and machines for exercise |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1963494 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
05/16/2019 |
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. |
GOODS AND/OR SERVICES SECTION (035)(class added) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Retail store services featuring vitamins and vitamin preparations, vitamin supplements, vitamin drops, vitamin supplements in tablet
form for making effervescent beverages when added to water, vitamins for use in the manufacture of food supplements and food products, dietary, herbal, botanical and nutritional supplements for
general health and well-being, dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety,
osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular
diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases,
bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel
syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral
palsy, Parkinson's disease, multiple sclerosis; retail store services featuring nutritional supplement meal replacement bars and beverages for boosting energy, nutritional supplements in the form of
pills, powders, liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer,
headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and
disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections,
fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal
diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease,
multiple sclerosis; retail store services featuring clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras,
underwear, swimsuits, exercise clothing, headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise
equipment and machines, namely, personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles
and rollers, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise,
abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills,
exercise weights, free weights for physical exercise, chin-up bars, push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines
for exercise; online retail store services featuring vitamins and vitamin preparations, vitamin supplements, vitamin drops, vitamin supplements in tablet form for making effervescent beverages when
added to water, vitamins for use in the manufacture of food supplements and food products, dietary, herbal, botanical and nutritional supplements for general health and well-being, dietary, herbal
and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer,
headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and
disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections,
fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal
diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease,
multiple sclerosis; online retail store services featuring nutritional supplement meal replacement bars and beverages for boosting energy, nutritional supplements in the form of pills, powders,
liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches,
urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely,
diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections,
viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal
system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis;
online retail store services featuring clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeves shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear,
swimsuits, exercise clothing, headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment
and machines, namely, personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and
rollers, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise,
abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills,
exercise weights, free weights for physical exercise, chin-up bars, push up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines
for exercise |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1963494 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
05/16/2019 |
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. |
GOODS AND/OR SERVICES SECTION (040)(class added) |
INTERNATIONAL CLASS |
040 |
DESCRIPTION |
Custom manufacture of fitness and exercise equipment |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1963494 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
05/16/2019 |
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. |
ATTORNEY SECTION (current) |
NAME |
Anne Hiaring Hocking |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
DONAHUE FITZGERALD LLP |
INTERNAL ADDRESS |
SUITE 3E |
STREET |
80 EAST SIR FRANCIS DRAKE BLVD. |
CITY |
LARKSPUR |
STATE |
California |
POSTAL CODE |
94939 |
COUNTRY |
US |
PHONE |
415-381-4161 |
FAX |
(415) 381-7515 |
EMAIL |
trademarks@donahue.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
CROLL (3) |
ATTORNEY SECTION (proposed) |
NAME |
Anne Hiaring Hocking |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
DONAHUE FITZGERALD LLP |
INTERNAL ADDRESS |
SUITE 3E |
STREET |
80 EAST SIR FRANCIS DRAKE BLVD. |
CITY |
LARKSPUR |
STATE |
California |
POSTAL CODE |
94939 |
COUNTRY |
United States |
PHONE |
415-381-4161 |
FAX |
(415) 381-7515 |
EMAIL |
trademarks@donahue.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
CROLL (3) |
OTHER APPOINTED ATTORNEY |
Michael J. Dalton, Andrew S. MacKay, Padmini Cheruvu, Shruti Bhutani Arora, Barbara L. Friedman, Dawn Newton |
CORRESPONDENCE SECTION (current) |
NAME |
ANNE HIARING HOCKING |
FIRM NAME |
DONAHUE FITZGERALD LLP |
INTERNAL ADDRESS |
SUITE 3E |
STREET |
80 EAST SIR FRANCIS DRAKE BLVD. |
CITY |
LARKSPUR |
STATE |
California |
POSTAL CODE |
94939 |
COUNTRY |
US |
PHONE |
415-381-4161 |
FAX |
(415) 381-7515 |
EMAIL |
trademarks@donahue.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
CROLL (3) |
CORRESPONDENCE SECTION (proposed) |
NAME |
Anne Hiaring Hocking |
FIRM NAME |
DONAHUE FITZGERALD LLP |
INTERNAL ADDRESS |
SUITE 3E |
STREET |
80 EAST SIR FRANCIS DRAKE BLVD. |
CITY |
LARKSPUR |
STATE |
California |
POSTAL CODE |
94939 |
COUNTRY |
United States |
PHONE |
415-381-4161 |
FAX |
(415) 381-7515 |
EMAIL |
trademarks@donahue.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
CROLL (3) |
PAYMENT SECTION |
NUMBER OF CLASSES |
4 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
1100 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/DawnNewton/ |
SIGNATORY'S NAME |
Dawn Newton |
SIGNATORY'S POSITION |
Attorney of Record, CA Bar Member |
SIGNATORY'S PHONE NUMBER |
(510) 451-3300 |
DATE SIGNED |
02/13/2020 |
RESPONSE SIGNATURE |
/DawnNewton/ |
SIGNATORY'S NAME |
Dawn Newton |
SIGNATORY'S POSITION |
Attorney of Record, California bar member |
DATE SIGNED |
02/13/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Feb 13 17:13:26 EST 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0200213171326245323-88445
650-700e8df5c114c9129735c
8a8ac9daf5d8d405890ef8180
e777717ecfb91bf988b7-DA-1
3254052-20200212151616422
275 |
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.
88445650 INOX(Standard Characters, see http://uspto.report/TM/88445650/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 Vitamins and vitamin preparations; vitamin preparations; vitamin supplements; vitamin drops; vitamin supplements in tablet form for making effervescent beverages when
added to water; vitamins for use in the manufacture of food supplements and food products; dietary, herbal, botanical and nutritional supplements for general health and well-being; dietary, herbal
and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer,
headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and
disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections,
fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal
diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease,
multiple sclerosis; nutritional supplement meal replacement bars and beverages for boosting energy; nutritional supplements in the form of pills, powders, liquids and bars for the treatment of
seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain,
asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout,
osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and
parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective
tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; clothing, namely, shirts,
tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits; exercise clothing; headwear, namely, hats and caps;
footwear, namely, running shoes, sandals and slippers; carry-all bags; gym bags; knapsacks; towels; water bottles; exercise equipment and machines, namely, personal exercise mats, gymnasium exercise
mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief exercise balls, stress relief exercise toys,
waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical
exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars,
push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings; calisthenic equipment and machines for exercise; Retail sale of vitamins and vitamin preparations,
vitamin supplements, vitamin drops, vitamin supplements in tablet form for making effervescent beverages when added to water, vitamins for use in the manufacture of food supplements and food
products, dietary, herbal, botanical and nutritional supplements for general health and well-being, dietary, herbal and botanical supplements for the treatment of seasonal affective disorder,
attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood
disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy,
anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory
diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and
brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; retail sale of nutritional supplement meal replacement bars and beverages
for boosting energy, nutritional supplements in the form of pills, powders, liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis,
lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach
ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory
connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and
parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy,
Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; retail sale of clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants,
track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise clothing, headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags,
knapsacks, towels, water bottles, exercise equipment and machines, namely, personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines
for exercise, stationary exercise bicycles and rollers, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights
for exercise, abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise
pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars, push-up bars, skipping ropes, exercise boxes for jumping and exercise bars,
stands and rings, calisthenic equipment and machines for exercise; online retail sale of vitamins and vitamin preparations, vitamin supplements, vitamin drops, vitamin supplements in tablet form for
making effervescent beverages when added to water, vitamins for use in the manufacture of food supplements and food products, dietary, herbal, botanical and nutritional supplements for general health
and well-being, dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis,
insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases,
metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial
skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome,
gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy,
Parkinson's disease, multiple sclerosis; online retail sale of nutritional supplement meal replacement bars and beverages for boosting energy, nutritional supplements in the form of pills, powders,
liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches,
urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely,
diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections,
viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal
system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis;
online retail sale of clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeves shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise
clothing, headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment and machines, namely,
personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief
exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for
exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights,
free weights for physical exercise, chin-up bars, push up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines for exercise;
manufacturing of fitness and exercise equipment; providing information about dietary supplements and nutrition via an interactive website; providing information in the field of exercise via an
interactive website
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.
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[ Canada application number 1963494 filed 05/16/2019]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Vitamins and vitamin preparations;
vitamin preparations;
vitamin supplements;
vitamin drops;
vitamin supplements in tablet form for making effervescent beverages when added to water;
vitamins for use in
the manufacture of food supplements and food products;
dietary, herbal, botanical and nutritional supplements for general health and well-being;
dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia,
arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic
diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin
infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome,
gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy,
Parkinson's disease, multiple sclerosis;
nutritional supplement meal replacement bars and beverages for boosting energy;
nutritional
supplements in the form of pills, powders, liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis,
insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases,
metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial
skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome,
gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy,
Parkinson's disease, multiple sclerosis;
clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants,
leggings, socks, sports bras, underwear, swimsuits;
exercise clothing;
headwear, namely, hats and caps;
footwear, namely, running shoes, sandals and slippers;
carry-all bags;
gym
bags;
knapsacks;
towels;
water bottles;
exercise equipment and machines, namely, personal exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary
exercise bicycles and rollers, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal
benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines,
exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars, push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings;
calisthenic equipment and machines for exercise;
Retail sale of vitamins and vitamin preparations, vitamin supplements,
vitamin drops, vitamin supplements in tablet form for making effervescent beverages when added to water, vitamins for use in the manufacture of food supplements and food products, dietary, herbal,
botanical and nutritional supplements for general health and well-being, dietary, herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity
disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning
sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and
inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal
bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely,
epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis;
retail sale of nutritional supplement meal replacement bars and
beverages for boosting energy, nutritional supplements in the form of pills, powders, liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder,
psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness,
stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and
inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal
bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely,
epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis;
retail sale of clothing, namely, shirts, tank-tops, sweaters,
sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise clothing, headwear, namely, hats and caps, footwear, namely, running
shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment and machines, namely, personal exercise mats, gymnasium exercise mats, rowing exercise
machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise
belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines,
exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights for physical exercise, chin-up bars, push-up bars,
skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines for exercise;
online retail sale of vitamins
and vitamin preparations, vitamin supplements, vitamin drops, vitamin supplements in tablet form for making effervescent beverages when added to water, vitamins for use in the manufacture of food
supplements and food products, dietary, herbal, botanical and nutritional supplements for general health and well-being, dietary, herbal and botanical supplements for the treatment of seasonal
affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne,
allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular
dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections,
respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage
injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis;
online retail sale
of nutritional supplement meal replacement bars and beverages for boosting energy, nutritional supplements in the form of pills, powders, liquids and bars for the treatment of seasonal affective
disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne,
allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular
dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections,
respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage
injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis;
online retail sale
of clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeves shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise clothing,
headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment and machines, namely, personal
exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief exercise
balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for exercise,
ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights
for physical exercise, chin-up bars, push up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines for exercise;
manufacturing of fitness and exercise equipment;
providing information about dietary supplements and nutrition via an interactive
website;
providing information in the field of exercise via an interactive websiteClass 005 for Vitamins and vitamin preparations; vitamin preparations;
vitamin supplements; vitamin drops; vitamin supplements in tablet form for making effervescent beverages when added to water; vitamins for use in the manufacture of food supplements and food
products; dietary, herbal, botanical and nutritional supplements for general health and well-being; dietary, herbal and botanical supplements for the treatment of seasonal affective disorder,
attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood
disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy,
anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory
diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and
brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; nutritional supplement meal replacement bars and beverages for boosting
energy; nutritional supplements in the form of pills, powders, liquids and bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy,
anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers,
cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective
tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites,
irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's
disease, cerebral palsy, Parkinson's disease, multiple sclerosis
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.
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 [ Canada application number 1963494 filed 05/16/2019]. 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 025 for Clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits;
exercise clothing, namely, pants, tank tops, shirts, hoodies, shorts, sports bras, swimsuits; headwear, namely, hats and caps; footwear, namely, running shoes, sandals and slippers
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.
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 [ Canada application number 1963494 filed 05/16/2019]. 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 028 for Exercise equipment and machines, namely, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers
therefore, stress relief exercise balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise,
abdominal boards for exercise, ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills,
exercise weights, free weights for physical exercise, chin-up bars, push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings; calisthenic equipment and machines
for exercise
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.
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 [ Canada application number 1963494 filed 05/16/2019]. 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Retail store services featuring vitamins and vitamin preparations, vitamin supplements, vitamin drops, vitamin supplements in tablet form for making effervescent beverages
when added to water, vitamins for use in the manufacture of food supplements and food products, dietary, herbal, botanical and nutritional supplements for general health and well-being, dietary,
herbal and botanical supplements for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer,
headaches, urinary tract infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and
disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections,
fungal skin infections, viral skin infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal
diseases, musculoskeletal system, namely, connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease,
multiple sclerosis; retail store services featuring nutritional supplement meal replacement bars and beverages for boosting energy, nutritional supplements in the form of pills, powders, liquids and
bars for the treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract
infections, chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes,
hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin
infections and parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely,
connective tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; retail store services
featuring clothing, namely, shirts, tank-tops, sweaters, sweatshirts, long-sleeve shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise clothing,
headwear, namely, hats and caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment and machines, namely, personal
exercise mats, gymnasium exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief exercise
balls, stress relief exercise toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for exercise,
ankle weights for exercise, elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights
for physical exercise, chin-up bars, push-up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines for exercise; online retail store
services featuring vitamins and vitamin preparations, vitamin supplements, vitamin drops, vitamin supplements in tablet form for making effervescent beverages when added to water, vitamins for use in
the manufacture of food supplements and food products, dietary, herbal, botanical and nutritional supplements for general health and well-being, dietary, herbal and botanical supplements for the
treatment of seasonal affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections,
chronic pain, asthma, acne, allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia,
gout, osteoarthritis, muscular dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and
parasitic skin infections, respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective
tissue diseases, cartilage injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; online retail store services
featuring nutritional supplement meal replacement bars and beverages for boosting energy, nutritional supplements in the form of pills, powders, liquids and bars for the treatment of seasonal
affective disorder, attention deficit hyperactivity disorder, psoriasis, lethargy, anxiety, osteoporosis, insomnia, arthritis, cancer, headaches, urinary tract infections, chronic pain, asthma, acne,
allergies, blood disorders, bone diseases, morning sickness, stomach ulcers, cardiovascular diseases, metabolic diseases and disorders, namely, diabetes, hypoglycaemia, gout, osteoarthritis, muscular
dystrophy, anemia, inflammatory bowel diseases and inflammatory connective tissue diseases, bacterial skin infections, fungal skin infections, viral skin infections and parasitic skin infections,
respiratory diseases and disorders, intestinal bacteria and parasites, irritable bowel syndrome, gastrointestinal diseases, musculoskeletal system, namely, connective tissue diseases, cartilage
injuries, and brain diseases and disorders, namely, epilepsy, Alzheimer's disease, cerebral palsy, Parkinson's disease, multiple sclerosis; online retail store services featuring clothing, namely,
shirts, tank-tops, sweaters, sweatshirts, long-sleeves shirts, shorts, jogging pants, track-pants, leggings, socks, sports bras, underwear, swimsuits, exercise clothing, headwear, namely, hats and
caps, footwear, namely, running shoes, sandals and slippers, carry-all bags, gym bags, knapsacks, towels, water bottles, exercise equipment and machines, namely, personal exercise mats, gymnasium
exercise mats, rowing exercise machines, spring bars for exercise, stair-climbing machines for exercise, stationary exercise bicycles and rollers, stress relief exercise balls, stress relief exercise
toys, waist trimmer exercise belts, weight lifting machines for exercise, wrist weights for exercise, abdominal benches for exercise, abdominal boards for exercise, ankle weights for exercise,
elliptical exercise machines, exercise balls, exercise bars, exercise benches, exercise pulleys, exercise trampolines, exercise treadmills, exercise weights, free weights for physical exercise,
chin-up bars, push up bars, skipping ropes, exercise boxes for jumping and exercise bars, stands and rings, calisthenic equipment and machines for exercise
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.
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 [ Canada application number 1963494 filed 05/16/2019]. 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Custom manufacture of fitness and exercise equipment
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.
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 [ Canada application number 1963494 filed 05/16/2019]. 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: Anne Hiaring Hocking. Anne Hiaring Hocking of DONAHUE FITZGERALD LLP, is located at
SUITE 3E
80 EAST SIR FRANCIS DRAKE BLVD.
LARKSPUR, California 94939
US
The docket/reference number is CROLL (3).
The phone number is 415-381-4161.
The fax number is (415) 381-7515.
The email address is trademarks@donahue.com
The applicants proposed attorney information: Anne Hiaring Hocking. Other appointed attorneys are Michael J. Dalton, Andrew S. MacKay, Padmini Cheruvu, Shruti Bhutani Arora, Barbara L. Friedman, Dawn
Newton. Anne Hiaring Hocking of DONAHUE FITZGERALD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
SUITE 3E
80 EAST SIR FRANCIS DRAKE BLVD.
LARKSPUR, California 94939
United States
The docket/reference number is CROLL (3).
The phone number is 415-381-4161.
The fax number is (415) 381-7515.
The email address is trademarks@donahue.com
Anne Hiaring Hocking 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: ANNE HIARING HOCKING. ANNE HIARING HOCKING of DONAHUE FITZGERALD LLP, is located at
SUITE 3E
80 EAST SIR FRANCIS DRAKE BLVD.
LARKSPUR, California 94939
US
The docket/reference number is CROLL (3).
The phone number is 415-381-4161.
The fax number is (415) 381-7515.
The email address is trademarks@donahue.com
The applicants proposed correspondence information: Anne Hiaring Hocking. Anne Hiaring Hocking of DONAHUE FITZGERALD LLP, is located at
SUITE 3E
80 EAST SIR FRANCIS DRAKE BLVD.
LARKSPUR, California 94939
United States
The docket/reference number is CROLL (3).
The phone number is 415-381-4161.
The fax number is (415) 381-7515.
The email address is trademarks@donahue.com
FEE(S)
Fee(s) in the amount of $1100 is being submitted.
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: /DawnNewton/ Date: 02/13/2020
Signatory's Name: Dawn Newton
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: (510) 451-3300
Response Signature
Signature: /DawnNewton/ Date: 02/13/2020
Signatory's Name: Dawn Newton
Signatory's Position: Attorney of Record, California 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: ANNE HIARING HOCKING
DONAHUE FITZGERALD LLP
SUITE 3E
80 EAST SIR FRANCIS DRAKE BLVD.
LARKSPUR, California 94939
Mailing Address: Anne Hiaring Hocking
DONAHUE FITZGERALD LLP
SUITE 3E
80 EAST SIR FRANCIS DRAKE BLVD.
LARKSPUR, California 94939
RAM Sale Number: 88445650
RAM Accounting Date: 02/13/2020
Serial Number: 88445650
Internet Transmission Date: Thu Feb 13 17:13:26 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020021317132624
5323-88445650-700e8df5c114c9129735c8a8ac
9daf5d8d405890ef8180e777717ecfb91bf988b7
-DA-13254052-20200212151616422275