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. 88492196 ELEVATION(Standard Characters, see http://uspto.report/TM/88492196/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 Nutritional and dietary supplements formed and packaged as bars; Nutritional supplement energy bars; Nutritional supplement bars for boosting energy; Ready to drink protein shakes; Protein powder
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.

Proposed:
Tracked Text Description: Nutritional and dietary supplements formed and packaged as bars; Nutritional supplement energy bars; Nutritional supplement bars for boosting energy; Ready to drink protein shakes; Ready to drink protein supplement shakes; Protein powder; Protein powder for use as a supplementClass 005 for Nutritional and dietary supplements formed and packaged as bars; Nutritional supplement energy bars; Nutritional supplement bars for boosting energy; Ready to drink protein supplement shakes; Protein powder for use as a supplement
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.

The applicant's current attorney information: Vincent J. Elders. Vincent J. Elders of SMITH, LANDMEIER & ELDERS, P.C., is located at

      309 HAMILTON STREET, SUITE E
      GENEVA, Illinois 60134
      US
The docket/reference number is 22263.715.

The phone number is 630-232-2880.

The fax number is 630-232-2889.

The email address is trademarks@smithlandmeier.com

The applicants proposed attorney information: Vincent J. Elders. Vincent J. Elders of SMITH, LANDMEIER & ELDERS, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      309 HAMILTON STREET, SUITE E
      GENEVA, Illinois 60134
      United States
The docket/reference number is 22263.715.

The phone number is 630-232-2880.

The fax number is 630-232-2889.

The email address is trademarks@smithlandmeier.com

Vincent J. Elders 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: VINCENT J. ELDERS. VINCENT J. ELDERS of SMITH, LANDMEIER & ELDERS, P.C., is located at

      309 HAMILTON STREET, SUITE E
      GENEVA, Illinois 60134
      US
The docket/reference number is 22263.715.

The phone number is 630-232-2880.

The fax number is 630-232-2889.

The email address is trademarks@smithlandmeier.com

The applicants proposed correspondence information: Vincent J. Elders. Vincent J. Elders of SMITH, LANDMEIER & ELDERS, P.C., is located at

      309 HAMILTON STREET, SUITE E
      GENEVA, Illinois 60134
      United States
The docket/reference number is 22263.715.

The phone number is 630-232-2880.

The fax number is 630-232-2889.

The email address is trademarks@smithlandmeier.com

SIGNATURE(S)
Response Signature
Signature: /Vincent J. Elders/     Date: 12/20/2019
Signatory's Name: Vincent J. Elders
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 630-232-2880

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:    VINCENT J. ELDERS
   SMITH, LANDMEIER & ELDERS, P.C.
   
   309 HAMILTON STREET, SUITE E
   GENEVA, Illinois 60134
Mailing Address:    Vincent J. Elders
   SMITH, LANDMEIER & ELDERS, P.C.
   309 HAMILTON STREET, SUITE E
   GENEVA, Illinois 60134
        
Serial Number: 88492196
Internet Transmission Date: Fri Dec 20 15:07:40 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201912201507406
75870-88492196-7003059d261397b5a6ed9b03c
3a5df37a8d819bc68ddff6e631dc61c59a2bdff1
-N/A-N/A-20191220150348857554