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. 88530280 SCULPT(Standard Characters, see http://uspto.report/TM/88530280/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:
Current: Class 044Weight management services, namely, providing weight loss and/or weight maintenance programs
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 03/01/2018 and first used in commerce at least as early as 05/01/2018 , and is now in use in such commerce.

Proposed:
Applicant hereby submits one(or more) specimen(s) for Class 044 . The specimen(s) submitted consists of image of flyer and weight loss program for sale on eBay .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2
Correspondence Information (current):
      HEATHER M DENT
      PRIMARY EMAIL FOR CORRESPONDENCE: DOCKET@TRADEMARKLAWYERFIRM.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): HEATHER@TRADEMARKLAWYERFIRM.COM
Correspondence Information (proposed):
      HEATHER M DENT
      PRIMARY EMAIL FOR CORRESPONDENCE: DOCKET@TRADEMARKLAWYERFIRM.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): HEATHER@TRADEMARKLAWYERFIRM.COM

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


Miscellaneous Statement
(1) Identify the particular service(s) listed in the application for which the specimen(s) was submitted to show use of the mark. 12-Week Weight Loss Program (2) Was the specimen created for submission with this application? If so, specify the date each specimen was created. If the applicant obtained the content of the webpage or image(s) of the mark in connection with the services shown in the specimen(s) from a third-party website, provide the URL for the website and a digital copy of relevant webpage(s). No. (3) Provide information about how applicant advertises the services and representative examples from online or print sources showing how the mark appears in applicant's advertising of the services. Provide the name of the online or print source and a complete copy of the webpage(s) or print page(s) showing the services advertised for sale. For each source, specify when the services were first advertised for sale and if the services are still advertised for sale in that environment. Brochures, flyers (see attachment), also on sale via http://www.ebay.com/itm/164024072142. Program also converted into a mobile version. (4) For the services identified in response to question (1), specify the date the services were first rendered or provided to or within the United States, the dollar amount of sales with or within the United States, and provide at least three invoices or other supporting documentation that show payments or other consideration made, redacting personal or private information of buyers as necessary. First on sale: April 1, 2018. Please find 3 attached order invoices.

JPG file(s):
Miscellaneous File1
Miscellaneous File2
Original PDF file:
mis-260140250221707d7c6996f9fcf93f-20200302123706703547_._INVOICE1_-_TM.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1
Original PDF file:
mis-260140250221707d7c6996f9fcf93f-20200302123706703547_._INVOICE2_-_TM.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1
Original PDF file:
mis-260140250221707d7c6996f9fcf93f-20200302123706703547_._INVOICE3_-_TM.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

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: /Anna Garcia/      Date: 03/02/2020
Signatory's Name: Anna Garcia
Signatory's Position: President

Response Signature
Signature: /Heather Dent/     Date: 03/02/2020
Signatory's Name: Heather Dent
Signatory's Position: Attorney of record, State Bar of Michigan

Signatory's Phone Number: 800-529-2218

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:    HEATHER M DENT
   TRADEMARK LAWYER LAW FIRM, PLLC
   PO BOX 512
   P.O. BOX 512
   ANN ARBOR, Michigan 48106
Mailing Address:    HEATHER M DENT
   TRADEMARK LAWYER LAW FIRM, PLLC
   PO BOX 512
   P.O. BOX 512
   ANN ARBOR, Michigan 48106
        
Serial Number: 88530280
Internet Transmission Date: Mon Mar 02 14:56:22 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200302145622133347-88530280-71
0892579572d9affecaf9d66822f789a13d5fc91a
e9a9ba75c5e2258d2bfd6012-N/A-N/A-2020030
2123706703547