Response to Office Action

L-CARNITINE500

EVLUTION NUTRITION, LLC

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 88583012
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88583012/mark.png
LITERAL ELEMENT L-CARNITINE500
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 the letters, punctuation and numbers L-CARNITINE500, with a diagonal line down the middle of the L, a dash connected to the C and the C containing a diagonal line down the middle, the A containing a diagonal line down the middle, the R containing a diagonal line down the middle, the N containing two diagonal lines down the middle, the T containing a horizontal line near the top of the letter, the N containing two diagonal lines down the middle, the E containing a diagonal line down the middle, the 5 containing a diagonal line through the bottom and middle of it and the two 0s containing a diagonal line down the middle of them.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 005
DESCRIPTION
Amino acids for nutritional purposes; Dietary and nutritional supplements; Dieting pills and powder preparations to promote fat burning
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/01/2017
        FIRST USE IN COMMERCE DATE At least as early as 11/01/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
Amino acids for nutritional purposes; Dietary and nutritional supplements; Dieting pills and powder preparations to promote fat burning; all the foregoing goods containing "L-Carnitine
FINAL DESCRIPTION
Amino acids for nutritional purposes; Dietary and nutritional supplements; Dieting pills and powder preparations to promote fat burning; all the foregoing goods containing "L-Carnitine
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/01/2017
       FIRST USE IN COMMERCE DATE At least as early as 11/01/2017
ADDITIONAL STATEMENTS SECTION
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').
SIGNATURE SECTION
RESPONSE SIGNATURE /Darren Heitner/
SIGNATORY'S NAME Darren Heitner
SIGNATORY'S POSITION Attorney of Record, Florida Bar Member
SIGNATORY'S PHONE NUMBER 9545586999
DATE SIGNED 02/11/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Feb 11 11:34:01 EST 2020
TEAS STAMP USPTO/ROA-XXXX:XXX:XXXX:X
XXX:XXX:XXXX:XXXX:XXXX-20
200211113401725512-885830
12-7007b7988aa389d2eaec0c
26633c961e6df433bbf6fbbe1
731411af4b22c8639ee-N/A-N
/A-20200211112945037301



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. 88583012 L-CARNITINE500 (Stylized and/or with Design, see http://uspto.report/TM/88583012/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 Amino acids for nutritional purposes; Dietary and nutritional supplements; Dieting pills and powder preparations to promote fat burning
Original Filing Basis:
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 11/01/2017 and first used in commerce at least as early as 11/01/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Amino acids for nutritional purposes; Dietary and nutritional supplements; Dieting pills and powder preparations to promote fat burning; all the foregoing goods containing "L-CarnitineClass 005 for Amino acids for nutritional purposes; Dietary and nutritional supplements; Dieting pills and powder preparations to promote fat burning; all the foregoing goods containing "L-Carnitine
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 11/01/2017 and first used in commerce at least as early as 11/01/2017 , and is now in use in such commerce.
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').


SIGNATURE(S)
Response Signature
Signature: /Darren Heitner/     Date: 02/11/2020
Signatory's Name: Darren Heitner
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 9545586999

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.

        
Serial Number: 88583012
Internet Transmission Date: Tue Feb 11 11:34:01 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXX:XXXX:XX
XX:XXXX-20200211113401725512-88583012-70
07b7988aa389d2eaec0c26633c961e6df433bbf6
fbbe1731411af4b22c8639ee-N/A-N/A-2020021
1112945037301



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