To: | Mass Probiotics, Inc. (elizabeth.burkhard@hklaw.com) |
Subject: | U.S. Trademark Application Serial No. 88494187 - LIVELY - 125793.0000Z |
Sent: | March 23, 2020 06:14:26 PM |
Sent As: | ecom118@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88494187
Mark: LIVELY
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Correspondence Address: |
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Applicant: Mass Probiotics, Inc.
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Reference/Docket No. 125793.0000Z
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: March 23, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Elizabeth Burkhard on March 23, 2020, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
AMENDMENT OF IDENTIFICATION OF GOODS:
Nutritional supplements, namely, probiotic and prebiotic compositions; nutritional supplement beverages in the nature of a blend of probiotics and prebiotics packaged and sold unmixed with the base beverage; nutritional supplements and nutritional supplement beverages containing probiotics and prebiotics for beauty, detoxification, energy, sleep, health and wellness purposes; nutritional fortified beverages for medical purposes; nutritionally fortified beverages for beauty, detoxification, energy, sleep, health and wellness purposes; protein supplement shakes; powdered nutritional supplement drink mix containing probiotics, prebiotics, protein, in International Class 5.
Beverages, namely, milk substitute-based beverages, dairy substitute-based beverages also containing probiotics, prebiotics, live cultures; non-dairy creamer; dairy-based beverages; snack foods, namely, vegetable-based snack foods, fruit-based snack foods, nut-based snack foods, seed-based snack foods, dried fruit-based snacks, in International Class 29.
Beverages, namely, coffee, iced coffee, cold brew coffee, prepared coffee-based beverages; tea-based beverages; powders used in the preparation of tea based beverages; snack foods, namely, cereal-based, rice-based, granola-based, chocolate-based snack foods, including, all of the aforementioned foods as meal replacements, ready-to-eat food bars, and candies, in International Class 30.
Beverages, namely, non-alcoholic vegetable and fruit juices, non-alcoholic vegetable and fruit shots and waters containing live cultures, probiotics or prebiotics; fruit-based beverages; beverages containing electrolytes, namely, sports drinks, flavored waters, nutritionally-enhanced waters and non-alcoholic energy shots containing electrolytes, in International Class 32.
See TMEP §§1402.01, 1402.01(e).
/Marlene Bell/
Trademark Examining Attorney
Law Office 118
571-272-9291
marlene.bell@uspto.gov (for informal inquiries)