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. 88569879 MITOPRIME(Standard Characters, see http://uspto.report/TM/88569879/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 001 for L-Ergothioneine, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Mixtures containing L-Ergothioneine, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Derivatives of L-Ergothioneine, namely, salts, polymers, esters, acids, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Mixtures containing derivatives of L-Ergothioneine, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; L-Ergothioneine isomers, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Mixtures containing L-Ergothioneine isomers, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Derivatives of L-Ergothioneine isomers, namely, salts, polymers, esters, acids, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Mixtures containing derivatives of L-Ergothioneine isomers, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries
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 05/10/2019 and first used in commerce at least as early as 05/25/2019 , and is now in use in such commerce.


Proposed:
Class 001 for L-Ergothioneine, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Mixtures containing L-Ergothioneine, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Derivatives of L-Ergothioneine, namely, salts, polymers, esters, acids, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Mixtures containing derivatives of L-Ergothioneine, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; L-Ergothioneine isomers, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Mixtures containing L-Ergothioneine isomers, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Derivatives of L-Ergothioneine isomers, namely, salts, polymers, esters, acids, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries; Mixtures containing derivatives of L-Ergothioneine isomers, used as raw materials in the further manufacture of other goods in the food, nutrition and dietary supplement industries
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 05/10/2019 and first used in commerce at least as early as 05/25/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 001. The specimen(s) submitted consists of photos of the applied-for mark in use with the applied-for Goods, including warehouse photos, BOL, invoices, packing list, Packing list-clearance, BL, photos of the exhibition, website screenshot and bills of lading. The website link is: http://nnbnutrition.com/products/mitoprime/.
"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].
JPG file(s):Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10Specimen File11Specimen File12Specimen File13Specimen File14Specimen File15
Original PDF file:
SPU0-149129124158-2020032 7025044946874_._BOL.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-149129124158-2020032 7025044946874_._Packing_l ist.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-149129124158-2020032 7025044946874_._Invoice.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-149129124158-2020032 7025044946874_._Packing_l ist-clearance.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-2607fea83d1fa8c7890b d0e83ea4fb27-202004021940 50497693_._BL.pdf
Converted PDF file(s) ( 1 page) Specimen File1

ADDITIONAL STATEMENTS
Miscellaneous Statement
The original specimen does show the mark in actual use in commerce. Please see attached photos that were taken in a warehouse of the Applicant's customer in the US. The product is packaged in large drums, and the product labels were glued on the drums, For the additional information required, please see the answers below. (1)Identify the particular good(s) listed in the application for which the specimen(s) was submitted to show the use of the mark. L-Ergothioneine (2) Was the specimen created for submission with this application? If so, specify the date each specimen was created. If applicant obtained the image(s) of the goods shown in the specimen(s) from a third-party website, provide the URL of the website and a digital copy of relevant webpage(s) for each image. No. (3) Provide information about and examples of how applicant's goods appear in the actual sales environment. (a) If sold in stores, provide a representative sample of the name(s) of the stores and of photographs showing the goods for sale in the named stores, such as photographs of the sales displays or goods on shelves with the mark. (b) If sold online, provide a representative sample of the name(s) of the online retailers, the website URL(s) for each named retailer, and a digital copy of the webpages showing the goods for sale on the named website. (c) If sold in another type of sales environment (e.g., catalogs, trade shows), identify the environment and provide photographs and/or documentation showing the goods for sale in that environment. We sell materials and transported by sea to our clients, contract manufacturer and brand company in USA. (Please see the attached bill of lading, invoices and photos of our warehouse in USA.) (4)If the information in question (3) about how the goods appear in the actual sales environment is not available to applicant, please describe how applicant's goods are sold or transported and provide photographs and other documentation showing how applicant's mark appears on the goods and/or its packaging when the goods are sold or transported to or within the United States. n/a (5) For each category of sales environment specified in response to questions (3) and (4), specify when the goods bearing the mark were first available for purchase within the United States, the date of the first sale of the goods to or within the United States, and whether the goods are still for sale to or within the United States in that environment. The goods bearing the mark were first available for purchase was on May 25, 2019. We still sell in USA. (6)For the goods identified in response to question (1), specify 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. Total amount: USD 64500. Please see the attached documents; -BOL.pdf; -Packing list.pdf; -Invoice.pdf; -Packing list-clearance.pdf; and -BL.pdf.

Correspondence Information (current):
      YUE (ROBERT) XU
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@apex-attorneys.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ustm@witmart.com; apex.attorneys@aol.com

The docket/reference number is 142754-APXCN.
Correspondence Information (proposed):
      Yue (Robert) Xu
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@apex-attorneys.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ustm@witmart.com; apex.attorneys@aol.com

The docket/reference number is 142754-APXCN.

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).

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_31131214-233443902_.__ ____85_.pdf
Converted PDF file(s) (2 pages) Signature File1Signature File2
Signatory's Name: Bao, Ruoxue
Signatory's Position: director

Response Signature
Signature: /YUE XU d/     Date: 04/03/2020
Signatory's Name: Yue (Robert) Xu
Signatory's Position: Attorney of record

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:    YUE (ROBERT) XU
   APEX ATTORNEYS AT LAW, LLP
   
   160 ALAMO PLAZA #942
   ALAMO, California 94507
Mailing Address:    Yue (Robert) Xu
   APEX ATTORNEYS AT LAW, LLP
   160 ALAMO PLAZA #942
   ALAMO, California 94507
        
Serial Number: 88569879
Internet Transmission Date: Fri Apr 03 17:28:26 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200403172826780574-88569879-
710d74590af8e49143a203c543ed9d8e778013f9
10556435ac3875cc5514df981c-N/A-N/A-20200
402194050497693