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 09/30/2020)

---

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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88788672 FORTIFY(Standard Characters, see http://uspto.report/TM/88788672/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The office action on the above application mailed May 4, 2020 has been carefully reviewed. Reconsideration of the application in view of the following remarks is respectfully requested. The Office indicated that the goods "deer feed supplements" would be properly classified in International Class 005 and "deer feed" would be properly classified in International Class 031. Applicant requests amendment of this application accordingly and includes payment of the additional class fee herewith. Additionally the Office has requested further information regarding the nature of the goods shown in the specimen submitted with this application at filing (the "Submitted Specimen"). Applicant submits herewith a declaration regarding the goods contained in the product packaging and verifying that the Submitted Specimen contains both "deer feed supplements" and "deer feed". Applicant respectfully proposes that the Submitted Specimen is sufficient to show use in commerce for both "deer feed supplements" and "deer feed". It is believed that Applicant has complied with and sufficiently addressed all of the issues raised by the Examining Attorney. Accordingly, it is believed that publication of this application is now in order, and such action is requested.

EVIDENCE
Evidence has been attached: Declaration of Dusty Turner
Original PDF file:
evi_1-9963190228-20201102 113414603333_._Declaratio n_-_FORTIFY_-_Endorsed.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 031 for Deer feed; Deer feed supplements
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). 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 the use of the mark in commerce as of the application 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. The mark was first used at least as early as 04/00/2019 and first used in commerce at least as early as 04/00/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Deer feed; Deer feed supplementsClass 031 for Deer feed
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). 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 the use of the mark in commerce as of the application 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. The mark was first used at least as early as 04/00/2019 and first used in commerce at least as early as 04/00/2019 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 005 for Deer feed supplements
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). 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 the use of the mark in commerce as of the application 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. The mark was first used at least as early as 04/00/2019 and first used in commerce at least as early as 04/00/2019 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 005 . The specimen(s) submitted consists of Product photograph .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPN0-9963190228-202011021 13414603333_._FORTIFY_spe cimen.pdf
Converted PDF file(s) ( 1 page) Specimen File1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Elite Endeavors, LLC, DBA MasterHand Milling, a limited liability company legally organized under the laws of Kansas, having an address of
      1502 E. Walnut
      Lexington, Nebraska 68850
      United States

Proposed: Elite Endeavors, LLC, DBA MasterHand Milling, a limited liability company legally organized under the laws of Kansas, having an address of
      1502 E. Walnut
      Lexington, Nebraska 68850
      United States
      Email Address: XXXX
Correspondence Information (current):
      ZACHARY A.P. OUBRE
      PRIMARY EMAIL FOR CORRESPONDENCE: zach.oubre@mcafeetaft.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allyson.crow@mcafeetaft.com; ipdocket@mcafeetaft.com

The docket/reference number is 11391.00019.
Correspondence Information (proposed):
      Zachary A.P. Oubre
      PRIMARY EMAIL FOR CORRESPONDENCE: zach.oubre@mcafeetaft.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allyson.crow@mcafeetaft.com; ipdocket@mcafeetaft.com

The docket/reference number is 11391.00019.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU 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 filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; 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: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, 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; 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 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.

Signature: /Zachary Oubre/      Date: 11/02/2020
Signatory's Name: Zachary A.P. Oubre
Signatory's Position: Attorney of record, Oklahoma bar member
Signatory's Phone Number: 4052706023


Response Signature
Signature: /Zachary Oubre/     Date: 11/02/2020
Signatory's Name: Zachary Oubre
Signatory's Position: Attorney of record, Oklahoma bar member

Signatory's Phone Number: 405-270-6023

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:    ZACHARY A.P. OUBRE
   MCAFEE & TAFT
   10TH FLOOR, TWO LEADERSHIP SQUARE
   211 N. ROBINSON AVE.
   OKLAHOMA CITY, Oklahoma 73102
Mailing Address:    Zachary A.P. Oubre
   MCAFEE & TAFT
   10TH FLOOR, TWO LEADERSHIP SQUARE
   211 N. ROBINSON AVE.
   OKLAHOMA CITY, Oklahoma 73102
        
RAM Sale Number: 88788672
RAM Accounting Date: 11/02/2020
        
Serial Number: 88788672
Internet Transmission Date: Mon Nov 02 13:18:57 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020110213185785
0442-88788672-750d69e91921b26b46f56cc695
a0fa4b0691e122893c38ae2b6574e43ec0c844-D
A-18572797-20201102113414603333