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. 88738424 MYVITAMINS(Standard Characters, see http://uspto.report/TM/88738424/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Vitamin supplements; preparations of vitamins; vitamin tablets; multivitamins; dietary supplements; enzyme dietary supplements; glucose dietary supplements; nutritional supplements; amino acid supplements; mineral supplements; food supplements for dietetic use; herbal extracts for medical purposes; meal replacement powders; nutritional drink mixes for use as a meal replacement; drinks predominantly of vitamins; vitamin drinks; health food supplements made principally of minerals; health food supplements made principally of vitamins; herbal dietary supplements for persons special dietary requirements; pharmaceuticals; dried milk-based products for meal replacements; food supplements (non-medicated) being glucose confectionery
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 011025277 registered 03/23/2014 with a renewal date of 07/09/2022 and an expiration date of 07/09/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Vitamin supplements; preparations of vitamins; vitamin tablets; multivitamins; dietary supplements; enzyme dietary supplements; glucose dietary supplements; nutritional supplements; amino acid supplements; mineral supplements; food supplements for dietetic use; herbal extracts for medical purposes; meal replacement powders; nutritional drink mixes for use as a meal replacement as a nutritional supplement; nutritional drink mixes for use as a meal replacement; nutritional supplement drinks predominantly of vitamins; drinks predominantly of vitamins; nutritional supplement vitamin drinks; vitamin drinks; health food supplements made principally of minerals; health food supplements made principally of vitamins; herbal dietary supplements for persons special dietary requirements; dried milk-based products for meal replacements for medical use; pharmaceuticals; non-medicated food supplements being glucose confectionery; dried milk-based products for meal replacements; food supplements (non-medicated) being glucose confectioneryClass 005 for Vitamin supplements; preparations of vitamins; vitamin tablets; multivitamins; dietary supplements; enzyme dietary supplements; glucose dietary supplements; nutritional supplements; amino acid supplements; mineral supplements; food supplements for dietetic use; herbal extracts for medical purposes; nutritional drink mixes for use as a meal replacement as a nutritional supplement; nutritional supplement drinks predominantly of vitamins; nutritional supplement vitamin drinks; health food supplements made principally of minerals; health food supplements made principally of vitamins; herbal dietary supplements for persons special dietary requirements; dried milk-based products for meal replacements for medical use; non-medicated food supplements being glucose confectionery
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 011025277 registered 03/23/2014 with a renewal date of 07/09/2022 and an expiration date of 07/09/2022 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Cend Limited a(n) limited company (ltd.), legally organized under the laws of United Kingdom, having an address of

            Meridian House, Gadbrook Park, Rudheath      Northwich
      Cheshire, CW97RA
      United Kingdom

Proposed: Cend Limited, limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      Meridian House, Gadbrook Park, Rudheath
      Northwich
      Cheshire, CW97RA
      United Kingdom
      Email Address: XXXX
Correspondence Information (current):
      MARC P. MISTHAL
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@grr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4897/168.
Correspondence Information (proposed):
      Marc P. Misthal
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@grr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4897/168.

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

SIGNATURE(S)
Response Signature
Signature: /drodrigues/     Date: 09/22/2020
Signatory's Name: David D. Rodrigues
Signatory's Position: Associate Attorney, Gottlieb, Rackman & Reisman P.C., New York Bar Member

Signatory's Phone Number: 2126843900

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:    MARC P. MISTHAL
   GOTTLIEB, RACKMAN & REISMAN, P.C.
   
   270 MADISON AVENUE, 8TH FLOOR
   NEW YORK, New York 10016
Mailing Address:    Marc P. Misthal
   GOTTLIEB, RACKMAN & REISMAN, P.C.
   270 MADISON AVENUE, 8TH FLOOR
   NEW YORK, New York 10016
        
Serial Number: 88738424
Internet Transmission Date: Tue Sep 22 14:08:42 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202009221408427
53317-88738424-750e9b6ebff8d129d665a4f60
a9145edf1ffcb6a8e5c56ac036b2405819fe2de0
a3-N/A-N/A-20200922133147235788