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. 88646516 ALL IN ONE (Stylized and/or with Design, see http://uspto.report/TM/88646516/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 nasal sprays and decongestant preparations; pharmaceutical preparations for the treatment of the respiratory tract and sinuses
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: nasal sprays and decongestant preparations; nasal sprays and decongestant nasal spray preparations; pharmaceutical preparations for the treatment of the respiratory tract and sinusesClass 005 for nasal sprays and decongestant nasal spray preparations; pharmaceutical preparations for the treatment of the respiratory tract and sinuses
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "ALL IN ONE" apart from the mark as shown.


Color Claim
The color(s) blue, dark blue, green, orange, white, red, light gray and gray is/are claimed as a feature of the mark.

Description of mark
The mark consists of a triangular shield with gradated shades of blue, green and orange making up the outside border. The center of the shield is white and outlined in light gray and white and contains the words "ALL IN ONE" in dark blue with a shadowing effect of the wording in light gray. A red banner with the top of the banner featuring a light grey shadow is placed across the bottom of the shield. The shield has a light gray and gray drop shadow on the right side. All other instances of the colors white, gray and light gray are background and/or transparent areas and are not a feature of the mark.

SIGNATURE(S)
Response Signature
Signature: /Adam Heider/     Date: 01/24/2020
Signatory's Name: Adam Heider
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 513-983-2095

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: 88646516
Internet Transmission Date: Fri Jan 24 16:03:59 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200124160359
471014-88646516-700a8e5f37cc146c637aa2d9
fab6a3a599d2475c028ffdc8c565d26106914469
b6c-N/A-N/A-20200124152930375665