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)

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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. 88469805 CYTO CARN (Stylized and/or with Design, see http://uspto.report/TM/88469805/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 pure Acetyl L-carnitine powder that helps transport and metabolize lipids within the mitochondria for the dietary management of mitochondrial cytopathies, fatty acid oxidation disorders, and individuals on a therapeutic ketogenic diet
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 10/28/2016 and first used in commerce at least as early as 10/28/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: A pure Acetyl L-carnitine powder that helps transport and metabolize lipids within the mitochondria for the dietary management of mitochondrial cytopathies, fatty acid oxidation disorders, and individuals on a therapeutic ketogenic diet; Dietary supplements for medical use containing Acetyl L-carnitine powder that helps transport and metabolize lipids within the mitochondria for the dietary management of mitochondrial cytopathies, fatty acid oxidation disorders, and for use by individuals on a therapeutic ketogenic dietClass 005 for Dietary supplements for medical use containing Acetyl L-carnitine powder that helps transport and metabolize lipids within the mitochondria for the dietary management of mitochondrial cytopathies, fatty acid oxidation disorders, and for use by individuals on a therapeutic ketogenic diet
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 10/28/2016 and first used in commerce at least as early as 10/28/2016 , 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
Significance of wording, letter(s), or numeral(s)
CYTO CARN appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


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: 88469805
Internet Transmission Date: Thu Sep 12 14:33:35 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019091214333514
0327-88469805-6102d62c58dd6cf3beb9d36999
a5c337fdbb1fd23563533a9d6e897aced4bd1db6
-N/A-N/A-20190912143151871676