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. 88622285 FOR HUMANS. BY SCIENCE.(Standard Characters, see http://uspto.report/TM/88622285/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 Probiotic formulations, namely, capsules for medical purposes, in particular, for producing beneficial metabolites, modulating inflammation, increasing beneficial microbes, and inhibiting pathogens in the human microbiome; dietary supplements; nutritional supplements; probiotic formulations, namely, suppositories and lyophilized powders for medical purposes, in particular, for producing beneficial metabolites, modulating inflammation, increasing beneficial microbes, and inhibiting pathogens in the human microbiome; probiotic and prebiotic formulations, namely, capsules, suppositories, and lyophilized powders for the developing infant gut microbiome, for supporting healthy vaginal microbiomes in pregnant women and supporting healthy breastfeeding, and for increasing strains of beneficial bacteria in infants; pharmaceutical preparations for microbiome dysbiosis resulting from the use of antibiotic medications and consumer health interventions for the restoration of balance to a perturbed human microbiome; heat-killed or pasteurized microbial preparations, substances, and derivatives
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: Probiotic formulations, namely, capsules for medical purposes, in particular, for producing beneficial metabolites, modulating inflammation, increasing beneficial microbes, and inhibiting pathogens in the human microbiome; dietary supplements; nutritional supplements; probiotic formulations, namely, suppositories and lyophilized powders for medical purposes, in particular, for producing beneficial metabolites, modulating inflammation, increasing beneficial microbes, and inhibiting pathogens in the human microbiome; probiotic and prebiotic formulations, namely, capsules, suppositories, and lyophilized powders for the developing infant gut microbiome, for supporting healthy vaginal microbiomes in pregnant women and supporting healthy breastfeeding, and for increasing strains of beneficial bacteria in infants; pharmaceutical preparations for microbiome dysbiosis resulting from the use of antibiotic medications and consumer health interventions for the restoration of balance to a perturbed human microbiome; heat-killed or pasteurized microbial preparations, substances, and derivatives; heat-killed or pasteurized microbial preparations, substances, and derivatives for pharmaceutical, nutraceutical, dietetic or nutritional useClass 005 for Probiotic formulations, namely, capsules for medical purposes, in particular, for producing beneficial metabolites, modulating inflammation, increasing beneficial microbes, and inhibiting pathogens in the human microbiome; dietary supplements; nutritional supplements; probiotic formulations, namely, suppositories and lyophilized powders for medical purposes, in particular, for producing beneficial metabolites, modulating inflammation, increasing beneficial microbes, and inhibiting pathogens in the human microbiome; probiotic and prebiotic formulations, namely, capsules, suppositories, and lyophilized powders for the developing infant gut microbiome, for supporting healthy vaginal microbiomes in pregnant women and supporting healthy breastfeeding, and for increasing strains of beneficial bacteria in infants; pharmaceutical preparations for microbiome dysbiosis resulting from the use of antibiotic medications and consumer health interventions for the restoration of balance to a perturbed human microbiome; heat-killed or pasteurized microbial preparations, substances, and derivatives for pharmaceutical, nutraceutical, dietetic or nutritional use
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: /jeanette sinclare/     Date: 01/09/2020
Signatory's Name: Jeanette E. Sinclare
Signatory's Position: Attorney of Record, Colorado bar member

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: 88622285
Internet Transmission Date: Thu Jan 09 18:42:29 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020010918422907
6704-88622285-700dad695cda670c14b2be43e6
4799386727cb769b23b559ff4a43e170b349f517
-N/A-N/A-20200109182735676355