Response to Office Action

CYTO B1

Solace Nutrition, LLC

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 88469786
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION
MARK http://uspto.report/TM/88469786/mark.png
LITERAL ELEMENT CYTO B1
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 005
DESCRIPTION
A tasteless, soluble, microencapsulated powder form of Thiamine for the dietary management of Mitochondrial Cytopathies or Thiamine-Responsive Disorders
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/28/2018
        FIRST USE IN COMMERCE DATE At least as early as 10/28/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
A tasteless, soluble, microencapsulated powder form of Thiamine for the dietary management of Mitochondrial Cytopathies or Thiamine-Responsive Disorders; Dietetic foods, namely, a powder adapted for medical use containing B1 Thiaminie for the management of mitochondrial cytopathies or thiaminie-responsive disorders
FINAL DESCRIPTION
Dietetic foods, namely, a powder adapted for medical use containing B1 Thiaminie for the management of mitochondrial cytopathies or thiaminie-responsive disorders
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/28/2018
       FIRST USE IN COMMERCE DATE At least as early as 10/28/2018
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use B1 apart from the mark as shown.
ATTORNEY SECTION (current)
NAME Jeffrey M. Furr
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME FURR LAW FIRM
STREET 2622 DEBOLT ROAD
CITY UTICA
STATE Ohio
POSTAL CODE 43080
COUNTRY US
PHONE 740-817-2381
EMAIL JeffMFurr@FurrLawFirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Jeffrey M. Furr
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME FURR LAW FIRM
STREET 2622 DEBOLT ROAD
CITY UTICA
STATE Ohio
POSTAL CODE 43080
COUNTRY United States
PHONE 740-817-2381
EMAIL JeffMFurr@FurrLawFirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME JEFFREY M. FURR
FIRM NAME FURR LAW FIRM
STREET 2622 DEBOLT ROAD
CITY UTICA
STATE Ohio
POSTAL CODE 43080
COUNTRY US
PHONE 740-817-2381
EMAIL JeffMFurr@FurrLawFirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Jeffrey M. Furr
FIRM NAME FURR LAW FIRM
STREET 2622 DEBOLT ROAD
CITY UTICA
STATE Ohio
POSTAL CODE 43080
COUNTRY United States
PHONE 740-817-2381
EMAIL JeffMFurr@FurrLawFirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /jmf/
SIGNATORY'S NAME Jeffrey M. Furr
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 740-817-2381
DATE SIGNED 09/12/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Sep 12 14:28:47 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.X-2
0190912142847633144-88469
786-6104f39dd49184110fe79
9f4b24585365b084104ce6403
edc31e1e888733c45fd89-N/A
-N/A-20190912142543989783



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. 88469786 CYTO B1(Standard Characters, see http://uspto.report/TM/88469786/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 A tasteless, soluble, microencapsulated powder form of Thiamine for the dietary management of Mitochondrial Cytopathies or Thiamine-Responsive Disorders
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 10/28/2018 and first used in commerce at least as early as 10/28/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: A tasteless, soluble, microencapsulated powder form of Thiamine for the dietary management of Mitochondrial Cytopathies or Thiamine-Responsive Disorders; Dietetic foods, namely, a powder adapted for medical use containing B1 Thiaminie for the management of mitochondrial cytopathies or thiaminie-responsive disordersClass 005 for Dietetic foods, namely, a powder adapted for medical use containing B1 Thiaminie for the management of mitochondrial cytopathies or thiaminie-responsive disorders
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 10/28/2018 and first used in commerce at least as early as 10/28/2018 , and is now in use in such commerce.
The applicant's current attorney information: Jeffrey M. Furr. Jeffrey M. Furr of FURR LAW FIRM, is located at

      2622 DEBOLT ROAD
      UTICA, Ohio 43080
      US

The phone number is 740-817-2381.

The email address is JeffMFurr@FurrLawFirm.com

The applicants proposed attorney information: Jeffrey M. Furr. Jeffrey M. Furr of FURR LAW FIRM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2622 DEBOLT ROAD
      UTICA, Ohio 43080
      United States

The phone number is 740-817-2381.

The email address is JeffMFurr@FurrLawFirm.com

Jeffrey M. Furr 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: JEFFREY M. FURR. JEFFREY M. FURR of FURR LAW FIRM, is located at

      2622 DEBOLT ROAD
      UTICA, Ohio 43080
      US

The phone number is 740-817-2381.

The email address is JeffMFurr@FurrLawFirm.com

The applicants proposed correspondence information: Jeffrey M. Furr. Jeffrey M. Furr of FURR LAW FIRM, is located at

      2622 DEBOLT ROAD
      UTICA, Ohio 43080
      United States

The phone number is 740-817-2381.

The email address is JeffMFurr@FurrLawFirm.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use B1 apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /jmf/     Date: 09/12/2019
Signatory's Name: Jeffrey M. Furr
Signatory's Position: Attorney of record

Signatory's Phone Number: 740-817-2381

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:    JEFFREY M. FURR
   FURR LAW FIRM
   
   2622 DEBOLT ROAD
   UTICA, Ohio 43080
Mailing Address:    Jeffrey M. Furr
   FURR LAW FIRM
   2622 DEBOLT ROAD
   UTICA, Ohio 43080
        
Serial Number: 88469786
Internet Transmission Date: Thu Sep 12 14:28:47 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019091214284763
3144-88469786-6104f39dd49184110fe799f4b2
4585365b084104ce6403edc31e1e888733c45fd8
9-N/A-N/A-20190912142543989783



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