Response to Office Action

MITOVANTAGE

Nanjing Nutrabuilding Bio-tech Co., 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 88447055
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION
MARK http://uspto.report/TM/88447055/mark.png
LITERAL ELEMENT MITOVANTAGE
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 (current)
INTERNATIONAL CLASS 001
DESCRIPTION
Deuterium depleted water, mixtures containing Deuterium depleted water
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/16/2018
        FIRST USE IN COMMERCE DATE At least as early as 10/16/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 001
TRACKED TEXT DESCRIPTION
Deuterium depleted water, mixtures containing Deuterium depleted water; Deuterium depleted water for industrial use; Deuterium depleted water mixtures for industrial use
FINAL DESCRIPTION
Deuterium depleted water for industrial use; Deuterium depleted water mixtures for industrial use
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/16/2018
       FIRST USE IN COMMERCE DATE At least as early as 10/16/2018
ATTORNEY SECTION (current)
NAME Ian B. Perry
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
STREET 500-34 KING STREET EAST
CITY TORONTO, ONTARIO
POSTAL CODE M5C2X8
COUNTRY CA
EMAIL ian@witmart.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 134064IBP-CN
ATTORNEY SECTION (proposed)
NAME Ian B. Perry
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 2305 Bay Area Blvd.
CITY Houston
STATE Texas
POSTAL CODE 77058
COUNTRY United States
EMAIL ian@witmart.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 134064IBP-CN
CORRESPONDENCE SECTION (current)
NAME WITMART INC.
STREET 500-34 KING STREET EAST
CITY TORONTO, ONTARIO
POSTAL CODE M5C2X8
COUNTRY CA
EMAIL ian@witmart.com; ustm@witmart.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 134064IBP-CN
CORRESPONDENCE SECTION (proposed)
NAME Ian B. Perry
FIRM NAME Witmart Inc.
STREET 500-34 King Street East
CITY Toronto, Ontario
POSTAL CODE M5C 2X8
COUNTRY Canada
EMAIL ian@witmart.com; ustm@witmart.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 134064IBP-CN
SIGNATURE SECTION
RESPONSE SIGNATURE /Ian Perry/
SIGNATORY'S NAME Ian B. Perry
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 2542665597
DATE SIGNED 09/05/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Sep 06 07:17:28 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20190906071728543142-884
47055-61010e99023a978da73
fd3ea9f727e4819a012618b4e
954e4847b9e9342fb5ad-N/A-
N/A-20190905085607166437



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. 88447055 MITOVANTAGE(Standard Characters, see http://uspto.report/TM/88447055/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 001 for Deuterium depleted water, mixtures containing Deuterium depleted water
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/16/2018 and first used in commerce at least as early as 10/16/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Deuterium depleted water, mixtures containing Deuterium depleted water; Deuterium depleted water for industrial use; Deuterium depleted water mixtures for industrial useClass 001 for Deuterium depleted water for industrial use; Deuterium depleted water mixtures for industrial use
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/16/2018 and first used in commerce at least as early as 10/16/2018 , and is now in use in such commerce.
The applicant's current attorney information: Ian B. Perry. Ian B. Perry, is located at

      500-34 KING STREET EAST
      TORONTO, ONTARIO, M5C2X8
      CA
The docket/reference number is 134064IBP-CN.

The email address is ian@witmart.com

The applicants proposed attorney information: Ian B. Perry. Ian B. Perry, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2305 Bay Area Blvd.
      Houston, Texas 77058
      United States
The docket/reference number is 134064IBP-CN.

The email address is ian@witmart.com

Ian B. Perry 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: WITMART INC.. WITMART INC., is located at

      500-34 KING STREET EAST
      TORONTO, ONTARIO, M5C2X8
      CA
The docket/reference number is 134064IBP-CN.

The email address is ian@witmart.com; ustm@witmart.com

The applicants proposed correspondence information: Ian B. Perry. Ian B. Perry of Witmart Inc., is located at

      500-34 King Street East
      Toronto, Ontario, M5C 2X8
      Canada
The docket/reference number is 134064IBP-CN.

The email address is ian@witmart.com; ustm@witmart.com

SIGNATURE(S)
Response Signature
Signature: /Ian Perry/     Date: 09/05/2019
Signatory's Name: Ian B. Perry
Signatory's Position: Attorney of Record

Signatory's Phone Number: 2542665597

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:    WITMART INC.
   
   
   500-34 KING STREET EAST
   TORONTO, ONTARIO, M5C2X8
Mailing Address:    Ian B. Perry
   Witmart Inc.
   500-34 King Street East
   Toronto, Ontario, M5C 2X8
        
Serial Number: 88447055
Internet Transmission Date: Fri Sep 06 07:17:28 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190906071728
543142-88447055-61010e99023a978da73fd3ea
9f727e4819a012618b4e954e4847b9e9342fb5ad
-N/A-N/A-20190905085607166437



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