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 11/30/2023)

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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 11/30/2023)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88827037 JAUNT(Standard Characters, see http://uspto.report/TM/88827037/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Dietary supplement drink mixes; herbal products, namely, herbal supplements in the form of powders for nutritional purposes; nutritional dietary supplements; oral preparations, namely, nutritional supplements containing herbs or herbal extracts used to maintain health and for a wide variety of physical conditions; food supplements; dietary and nutritional supplements containing mushroom in powdered form; nutritional supplements; mineral-based preparations for medical purposes; meal replacement shakes, beverages, snacks and bars; nutritional and dietary supplements; health food supplements, namely, mushroom powders; Nutritional supplements consisting primarily of mushroom or mushroom extract; Dietary supplements in the form of powder; Dietary supplements in the form of tea; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary food supplements; Fungal extracts sold as a component ingredient of nutritional supplements and vitamins; Health food supplements; Herbal supplements; Herbal supplements for health and wellness; Dietary supplements containing mushrooms
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: Dietary supplement drink mixes; herbal products, namely, herbal supplements in the form of powders for nutritional purposes; nutritional dietary supplements; oral preparations, namely, nutritional supplements containing herbs or herbal extracts used to maintain health and for a wide variety of physical conditions; food supplements; dietary and nutritional supplements containing mushroom in powdered form; nutritional supplements; mineral-based preparations for medical purposes; meal replacement shakes, beverages, snacks and bars; meal replacement shakes, beverages, snacks and bars adapted for medical use, namely, nutritional supplemental meal replacement shakes, beverages, snacks and bars for maintaining health, supporting immune function, wellness and energy; nutritional and dietary supplements; health food supplements, namely, mushroom powders; Nutritional supplements consisting primarily of mushroom or mushroom extract; Nutritional supplements consisting primarily of mushroom or mushroom extracts; Dietary supplements in the form of powder; Dietary supplements in the form of tea; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary food supplements; Fungal extracts sold as a component ingredient of nutritional supplements and vitamins; Fungal extracts sold as a component part of nutritional supplements and vitamins; Health food supplements; Herbal supplements; Herbal supplements for health and wellness; Dietary supplements containing mushroomsClass 005 for Dietary supplement drink mixes; herbal products, namely, herbal supplements in the form of powders for nutritional purposes; nutritional dietary supplements; oral preparations, namely, nutritional supplements containing herbs or herbal extracts used to maintain health and for a wide variety of physical conditions; food supplements; dietary and nutritional supplements containing mushroom in powdered form; nutritional supplements; mineral-based preparations for medical purposes; meal replacement shakes, beverages, snacks and bars adapted for medical use, namely, nutritional supplemental meal replacement shakes, beverages, snacks and bars for maintaining health, supporting immune function, wellness and energy; nutritional and dietary supplements; health food supplements, namely, mushroom powders; Nutritional supplements consisting primarily of mushroom or mushroom extracts; Dietary supplements in the form of powder; Dietary supplements in the form of tea; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary food supplements; Fungal extracts sold as a component part of nutritional supplements and vitamins; Health food supplements; Herbal supplements; Herbal supplements for health and wellness; Dietary supplements containing mushrooms
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.
Correspondence Information (current):
      KRISTIN S. CORNUELLE
      PRIMARY EMAIL FOR CORRESPONDENCE: ipprosecution@orrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kcornuelle@orrick.com; mweddington@orrick.com

The docket/reference number is 45366.1.
Correspondence Information (proposed):
      Kristin S. Cornuelle
      PRIMARY EMAIL FOR CORRESPONDENCE: ipprosecution@orrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kcornuelle@orrick.com; mweddington@orrick.com

The docket/reference number is 45366.1.

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: /Kristin S. Cornuelle/     Date: 11/30/2020
Signatory's Name: Kristin S. Cornuelle
Signatory's Position: Attorney of record, CA and OR bar member

Signatory's Phone Number: 5039434828

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:    KRISTIN S. CORNUELLE
   
   
   2050 MAIN ST., SUITE 1100
   IRVINE, California 92614
Mailing Address:    Kristin S. Cornuelle
   2050 MAIN ST., SUITE 1100
   IRVINE, California 92614
        
Serial Number: 88827037
Internet Transmission Date: Mon Nov 30 17:40:07 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202011301740076
81735-88827037-750b0f1c2d06da68668c14062
4473edb41c37b51b63d5139f844a35cec45aa-N/
A-N/A-20201130173606585973