TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88731878 SENZO(Standard Characters, see http://uspto.report/TM/88731878/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 88702927 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)
The effective filing date of the instant application precedes the effective filing date of the cited prior pending application. The instant application claims priority to a Canadian application filed on August 28, 2019. The cited prior pending application was filed on November 22, 2019 and claimed priority to a Canadian application filed on September 12, 2019.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical agents affecting digestive organs; Pharmaceutical agents affecting metabolism; Pharmaceutical agents affecting sensory organs; Pharmaceutical for the treatment of erectile dysfunction; Pharmaceutical preparation for skin care; Pharmaceutical preparations and substances for the treatment of gastro-intestinal diseases; Pharmaceutical preparations for skin care; Pharmaceutical preparations for the treatment of worms in pets; Pharmaceutical preparations for treating allergies; Pharmaceutical preparations for treating and preventing tendon and muscle injuries and disorders, sports related injuries, and for knee cartilage regeneration; Pharmaceutical preparations for treating chemical imbalances; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for treating sunburn; Pharmaceutical preparations for wounds; Pharmaceutical preparations, namely, appetite suppressants; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharmaceutical products and preparations to prevent stretch marks; Pharmaceutical products for skin care for animals; Pharmaceutical skin lotions; Pharmaceuticals for the treatment of erectile dysfunction; Pharmaceuticals, namely, inducers of erections; Preparations for destroying parasites; Preparations for treating colds; Vitamin A preparations; Vitamin and mineral formed and packaged as bars; Vitamin and mineral preparations for medical use; Vitamin and mineral supplements; Vitamin B preparations; Vitamin C preparations; Vitamin D preparations; Vitamin drops; Vitamin enriched chewing gum for medical purposes; Vitamin enriched sparkling water for medical purposes; Vitamin enriched water for medical purposes; Vitamin fortified beverages for medical purposes; Vitamin oils for human consumption; Vitamin preparations; Vitamin supplement in tablet form for use in making an effervescent beverage when added to water; Vitamin supplement patches; Vitamin supplements; Vitamin tablets; Vitamins; Vitamins and vitamin preparations; Vitamins and dietary food supplements for animals; Vitamins for pets; Aloe vera preparations for pharmaceutical purposes; Aloe vera preparations for therapeutic purposes; Amino acid preparations for veterinary purposes; Animal feed additive for use as a nutritional supplement for medical purposes; Anti-arthritic compositions and preparations; Anti-diabetic pharmaceuticals; Anti-drowsiness treatment preparations; Antimicrobial preparations for inhibiting microbiological decomposition in food, beverages, animal feed and pharmaceuticals; Athlete's foot preparations; Bacterial preparations for medical and veterinary use; Bacterial and bacteriological preparations for medical or veterinary purposes; Bacteriological preparations for medical and veterinary use; Balms for pharmaceutical purposes; Caffeine preparations for stimulative use; Caffeine preparations for stimulative use in the form of chewing gum; Calcium supplements; Chemical preparations to treat wheat smut; Cough treatment preparations; Dermatological pharmaceutical products; Diagnostic preparations for medical and veterinary use; Diagnostic preparations for medical or veterinary purposes; Dietary supplement for eliminating toxins from the intestinal tract; Dietary supplements; Dietary supplements for animals; Dietary supplements for pets; Dietary supplements in the nature of weight loss powders; Dietary and nutritional supplements; Dietary and nutritional supplements for endurance sports; Dietary and nutritional supplements used for weight loss; Dietary food supplements; Dietary supplemental drinks in the nature of vitamin and mineral beverages; Dietetic preparations adapted for medical purposes; Dieting pills and powder preparations to promote fat burning; Digestives for pharmaceutical purposes; Enzyme preparations for medical purposes; Enzyme preparations for veterinary purposes; Fertility enhancement preparations; Flea and tick treatment preparations for pets; Food supplements, namely, anti-oxidants; Fruit-based meal replacement bars for treating vitamin B12 deficiency that causes fatigue; Gastro-intestinal treatment preparations; Gummy vitamins; Hemorrhoid preparations; Inhaled pharmaceutical preparations for the treatment of respiratory diseases and disorders; Intravenous fluids used for rehydration, nutrition and the delivery of pharmaceutical preparations; Liquid vitamin supplements; Liquid nutritional supplement; Medical preparations, namely, foot, hand and skin creams for diabetics; Medicated dermatological preparations and substances; Medicated mouth care and treatment preparations; Medicated skin care preparations; Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Medicated sun care preparations; Medicinal preparations for stimulating hair growth; Medicinal preparations for the mouth and as sprays; Medicinal preparations for the mouth to be applied in the form of drops, capsules, tablets and compressed tablets; Medicinal hair growth preparations; Medicinal herbal preparations; Menstrual symptom treatment preparations; Mineral preparations for medical purposes; Mineral, vitamin, or nutritionally enhanced water for medical purposes; Mixed vitamin preparations; Multi-vitamin preparations; Multivitamin preparations; Nasal cleaning preparations for medical purposes; Natural supplements for treating erectile dysfunction; Natural remedy preparations for the treatment of gastro-intestinal conditions, hormonal and chemical imbalances, and sleep disorders; Natural sleep aid preparations; Nausea treatment preparations; Nutritional supplement energy bars; Nutritional supplement for eliminating toxins from the body; Nutritional supplement for eliminating toxins from the intestinal tract; Nutritional supplement shakes; Nutritional supplements; Nutritional supplements, namely, probiotic compositions; Nutritional and dietary supplements formed and packaged as bars; Pharmaceutical preparation for the treatment of gout; Pharmaceutical preparations for animal skincare; Pharmaceutical preparations for skin wounds; Pharmaceutical preparations for the prevention and treatment of ocular disorders or diseases, for the treatment of bacteria-based diseases, and for the treatment of diabetes, and anti - infective preparations, antiviral preparations, antibiotics, antifungal preparations and vaccines; Pharmaceutical preparations for the treatment of infectious diseases; Pharmaceutical preparations for the treatment of kidney diseases; Pharmaceutical preparations for treating diabetes; Pharmaceutical preparations for treating hypertension; Pharmaceutical preparations for use in dermatology; Pharmaceutical antitussive-cold preparations; Pharmaceutical products and preparations against dry skin caused by pregnancy; Pharmaceutical products and preparations for hydrating the skin during pregnancy; Pharmaceutical products and preparations for pregnancy blemishes; Plant extracts for pharmaceutical purposes; Potassium preparations for pharmaceutical purposes; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Prebiotic supplements; Prenatal vitamins; Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations for the treatment of cardiovascular disorders; Probiotic supplements; Products and preparations for cleansing the skin for medical use; Protein supplement shakes; Protein supplement shakes for weight gain purposes; Protein supplements for animals; Protein dietary supplements; Protein dietary supplements formed and packaged as bars; Sanitary preparations for medical use; Topical dermatological preparations that treat insect bites and stings; Vaginal preparations, namely, antifungals; Vegan protein for use as a nutritional supplement in ready-to-drink beverages; Veterinary pharmaceutical compounds for equine use to treat conditions of the leg, hoof, ear, nose and throat; Veterinary preparations for treatment of intestinal bacteria; Veterinary preparations, namely, antioxidants; Veterinary preparations, namely, pain relief medication; Weight management supplements; Whey protein supplements
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 005 for Pharmaceutical agents affecting digestive organs; Pharmaceutical agents affecting metabolism; Pharmaceutical agents affecting sensory organs; Pharmaceutical for the treatment of erectile dysfunction; Pharmaceutical preparation for skin care; Pharmaceutical preparations and substances for the treatment of gastro-intestinal diseases; Pharmaceutical preparations for skin care; Pharmaceutical preparations for the treatment of worms in pets; Pharmaceutical preparations for treating allergies; Pharmaceutical preparations for treating and preventing tendon and muscle injuries and disorders, sports related injuries, and for knee cartilage regeneration; Pharmaceutical preparations for treating chemical imbalances; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for treating sunburn; Pharmaceutical preparations for wounds; Pharmaceutical preparations, namely, appetite suppressants; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharmaceutical products and preparations to prevent stretch marks; Pharmaceutical products for skin care for animals; Pharmaceutical skin lotions; Pharmaceuticals for the treatment of erectile dysfunction; Pharmaceuticals, namely, inducers of erections; Preparations for destroying parasites; Preparations for treating colds; Vitamin A preparations; Vitamin and mineral formed and packaged as bars; Vitamin and mineral preparations for medical use; Vitamin and mineral supplements; Vitamin B preparations; Vitamin C preparations; Vitamin D preparations; Vitamin drops; Vitamin enriched chewing gum for medical purposes; Vitamin enriched sparkling water for medical purposes; Vitamin enriched water for medical purposes; Vitamin fortified beverages for medical purposes; Vitamin oils for human consumption; Vitamin preparations; Vitamin supplement in tablet form for use in making an effervescent beverage when added to water; Vitamin supplement patches; Vitamin supplements; Vitamin tablets; Vitamins; Vitamins and vitamin preparations; Vitamins and dietary food supplements for animals; Vitamins for pets; Aloe vera preparations for pharmaceutical purposes; Aloe vera preparations for therapeutic purposes; Amino acid preparations for veterinary purposes; Animal feed additive for use as a nutritional supplement for medical purposes; Anti-arthritic compositions and preparations; Anti-diabetic pharmaceuticals; Anti-drowsiness treatment preparations; Antimicrobial preparations for inhibiting microbiological decomposition in food, beverages, animal feed and pharmaceuticals; Athlete's foot preparations; Bacterial preparations for medical and veterinary use; Bacterial and bacteriological preparations for medical or veterinary purposes; Bacteriological preparations for medical and veterinary use; Balms for pharmaceutical purposes; Caffeine preparations for stimulative use; Caffeine preparations for stimulative use in the form of chewing gum; Calcium supplements; Chemical preparations to treat wheat smut; Cough treatment preparations; Dermatological pharmaceutical products; Diagnostic preparations for medical and veterinary use; Diagnostic preparations for medical or veterinary purposes; Dietary supplement for eliminating toxins from the intestinal tract; Dietary supplements; Dietary supplements for animals; Dietary supplements for pets; Dietary supplements in the nature of weight loss powders; Dietary and nutritional supplements; Dietary and nutritional supplements for endurance sports; Dietary and nutritional supplements used for weight loss; Dietary food supplements; Dietary supplemental drinks in the nature of vitamin and mineral beverages; Dietetic preparations adapted for medical purposes; Dieting pills and powder preparations to promote fat burning; Digestives for pharmaceutical purposes; Enzyme preparations for medical purposes; Enzyme preparations for veterinary purposes; Fertility enhancement preparations; Flea and tick treatment preparations for pets; Food supplements, namely, anti-oxidants; Fruit-based meal replacement bars for treating vitamin B12 deficiency that causes fatigue; Gastro-intestinal treatment preparations; Gummy vitamins; Hemorrhoid preparations; Inhaled pharmaceutical preparations for the treatment of respiratory diseases and disorders; Intravenous fluids used for rehydration, nutrition and the delivery of pharmaceutical preparations; Liquid vitamin supplements; Liquid nutritional supplement; Medical preparations, namely, foot, hand and skin creams for diabetics; Medicated dermatological preparations and substances; Medicated mouth care and treatment preparations; Medicated skin care preparations; Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Medicated sun care preparations; Medicinal preparations for stimulating hair growth; Medicinal preparations for the mouth and as sprays; Medicinal preparations for the mouth to be applied in the form of drops, capsules, tablets and compressed tablets; Medicinal hair growth preparations; Medicinal herbal preparations; Menstrual symptom treatment preparations; Mineral preparations for medical purposes; Mineral, vitamin, or nutritionally enhanced water for medical purposes; Mixed vitamin preparations; Multi-vitamin preparations; Multivitamin preparations; Nasal cleaning preparations for medical purposes; Natural supplements for treating erectile dysfunction; Natural remedy preparations for the treatment of gastro-intestinal conditions, hormonal and chemical imbalances, and sleep disorders; Natural sleep aid preparations; Nausea treatment preparations; Nutritional supplement energy bars; Nutritional supplement for eliminating toxins from the body; Nutritional supplement for eliminating toxins from the intestinal tract; Nutritional supplement shakes; Nutritional supplements; Nutritional supplements, namely, probiotic compositions; Nutritional and dietary supplements formed and packaged as bars; Pharmaceutical preparation for the treatment of gout; Pharmaceutical preparations for animal skincare; Pharmaceutical preparations for skin wounds; Pharmaceutical preparations for the prevention and treatment of ocular disorders or diseases, for the treatment of bacteria-based diseases, and for the treatment of diabetes, and anti - infective preparations, antiviral preparations, antibiotics, antifungal preparations and vaccines; Pharmaceutical preparations for the treatment of infectious diseases; Pharmaceutical preparations for the treatment of kidney diseases; Pharmaceutical preparations for treating diabetes; Pharmaceutical preparations for treating hypertension; Pharmaceutical preparations for use in dermatology; Pharmaceutical antitussive-cold preparations; Pharmaceutical products and preparations against dry skin caused by pregnancy; Pharmaceutical products and preparations for hydrating the skin during pregnancy; Pharmaceutical products and preparations for pregnancy blemishes; Plant extracts for pharmaceutical purposes; Potassium preparations for pharmaceutical purposes; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Prebiotic supplements; Prenatal vitamins; Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations for the treatment of cardiovascular disorders; Probiotic supplements; Products and preparations for cleansing the skin for medical use; Protein supplement shakes; Protein supplement shakes for weight gain purposes; Protein supplements for animals; Protein dietary supplements; Protein dietary supplements formed and packaged as bars; Sanitary preparations for medical use; Topical dermatological preparations that treat insect bites and stings; Vaginal preparations, namely, antifungals; Vegan protein for use as a nutritional supplement in ready-to-drink beverages; Veterinary pharmaceutical compounds for equine use to treat conditions of the leg, hoof, ear, nose and throat; Veterinary preparations for treatment of intestinal bacteria; Veterinary preparations, namely, antioxidants; Veterinary preparations, namely, pain relief medication; Weight management supplements; Whey protein supplements
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1982650 filed 08/28/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Correspondence Information (current):
      James R Menker
      PRIMARY EMAIL FOR CORRESPONDENCE: ustrademark@bcf.ca
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): eastdocket@holleymenker.com
Correspondence Information (proposed):
      James R Menker
      PRIMARY EMAIL FOR CORRESPONDENCE: ustrademark@bcf.ca
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): eastdocket@holleymenker.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: for a trademark or service mark application, the applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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 of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /jmenker/    Date: 02/26/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone Number: 9042472620

Response Suspension Inquiry Signature
Signature: /jmenker/     Date: 02/26/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone Number: 9042472620

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:    James R Menker
   Holley & Menker, PA
   
   PO Box 331937
   Atlantic Beach, Florida
Mailing Address:    James R Menker
   Holley & Menker, PA
   PO Box 331937
   Atlantic Beach, Florida 32233
        
Serial Number: 88731878
Internet Transmission Date: Wed Feb 26 10:50:28 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XXX-202002261050287
01330-88731878-710998d3a60d3c2cd604367d3
95b7ee85e3c73a45bc832676379a66920bbb3a75
f-N/A-N/A-20200226103828964449