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 |
88607281 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://uspto.report/TM/88607281/mark.png |
LITERAL ELEMENT |
GLOWUP |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Dietary and nutritional supplements; nutritional bars; protein powders; vitamins |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Dietary and nutritional supplements; nutritional bars; nutritional supplement energy bars; protein powders; protein supplements in powdered form;
vitamins; dietary supplemental drinks in the nature of vitamin beverages; powdered fruit-flavored
dietary supplement drink mix |
FINAL DESCRIPTION |
Dietary and nutritional supplements; nutritional supplement energy bars; protein supplements in powdered form; vitamins; dietary
supplemental drinks in the nature of vitamin beverages; powdered fruit-flavored dietary supplement drink mix; |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(class deleted) |
GOODS AND/OR SERVICES SECTION (030)(class added)Original Class (032) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Herbal beverages in the nature of teas; beverages, namely, tea |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Christopher J. Day/ |
SIGNATORY'S NAME |
Christopher J. Day |
SIGNATORY'S POSITION |
Attorney of record, Arizona bar member |
SIGNATORY'S PHONE NUMBER |
602-258-4440 |
DATE SIGNED |
11/14/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Nov 14 16:28:39 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20191114162839724503-8860
7281-700655844dedda595593
152e32b69356cdadf880e9584
a6f4f28015c4ff2d078-N/A-N
/A-20191114162812105349 |
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.
88607281 GLOWUP(Standard Characters, see http://uspto.report/TM/88607281/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 032 for Soft drinks, herbal beverages, vitamin beverages, nutritional beverages, powedered mix, beverages
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary and nutritional supplements; nutritional bars; protein powders; vitamins
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.
Proposed:
Tracked Text Description: Dietary and nutritional supplements;
nutritional bars;
nutritional
supplement energy bars;
protein powders;
protein supplements in powdered form;
vitamins;
dietary supplemental drinks in the nature of vitamin beverages;
powdered fruit-flavored dietary supplement drink mixClass
005 for Dietary and nutritional supplements; nutritional supplement energy bars; protein supplements in powdered form; vitamins; dietary supplemental drinks in the nature of vitamin beverages;
powdered fruit-flavored dietary supplement drink mix;
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 030 (Original Class: 032 ) for Herbal beverages in the nature of teas; beverages, namely, tea
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.
SIGNATURE(S)
Response Signature
Signature: /Christopher J. Day/ Date: 11/14/2019
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney of record, Arizona bar member
Signatory's Phone Number: 602-258-4440
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: 88607281
Internet Transmission Date: Thu Nov 14 16:28:39 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201911141628397
24503-88607281-700655844dedda595593152e3
2b69356cdadf880e9584a6f4f28015c4ff2d078-
N/A-N/A-20191114162812105349