Response to Office Action

INOX

Sustainable Nutrition Ltd.

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

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


Response to Office Action [image/jpeg]


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