Response to Office Action

FFUSA FITNESSFIRSTUSA.COM

A&Z Pharmaceutical Inc.

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 88494033
LAW OFFICE ASSIGNED LAW OFFICE 128
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88494033/mark.png
LITERAL ELEMENT FFUSA FITNESSFIRSTUSA.COM
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of Letter FFUSA framed by stamped design consisting of lines and 2 stars, with letter fitnessfirstusa.com on bottom of frame.
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of term "FFUSA" framed by a stamped design consisting of lines and two stars on either side of the term "FFUSA", with the term "FITNESSFIRSTUSA.COM" in a banner incorporated in the bottom of the stamped design frame below the term "FFUSA".
SIGNATURE SECTION
DECLARATION SIGNATURE /Mike Maine/
SIGNATORY'S NAME Mike Maine
SIGNATORY'S POSITION Director
SIGNATORY'S PHONE NUMBER 631-388-5800
DATE SIGNED 10/09/2019
RESPONSE SIGNATURE /Mike Maine/
SIGNATORY'S NAME Mike Maine
SIGNATORY'S POSITION Director
SIGNATORY'S PHONE NUMBER 631-388-5800
DATE SIGNED 10/09/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Oct 09 16:00:47 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
91009160047887238-8849403
3-61039a62a64f62610bd5a31
c6d29b61ac24c37cfdbf4d511
fd2bf1a73a5beac69-N/A-N/A
-20191009155502620685



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. 88494033 FFUSA FITNESSFIRSTUSA.COM (Stylized and/or with Design, see http://uspto.report/TM/88494033/mark.png) has been amended as follows:

ADDITIONAL STATEMENTS
Description of mark
The mark consists of term "FFUSA" framed by a stamped design consisting of lines and two stars on either side of the term "FFUSA", with the term "FITNESSFIRSTUSA.COM" in a banner incorporated in the bottom of the stamped design frame below the term "FFUSA".

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: /Mike Maine/      Date: 10/09/2019
Signatory's Name: Mike Maine
Signatory's Position: Director
Signatory's Phone Number: 631-388-5800


Response Signature
Signature: /Mike Maine/     Date: 10/09/2019
Signatory's Name: Mike Maine
Signatory's Position: Director

Signatory's Phone Number: 631-388-5800

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88494033
Internet Transmission Date: Wed Oct 09 16:00:47 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201910091600478872
38-88494033-61039a62a64f62610bd5a31c6d29
b61ac24c37cfdbf4d511fd2bf1a73a5beac69-N/
A-N/A-20191009155502620685



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