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. 88853046 LIFE BALANCE(Standard Characters, see http://uspto.report/TM/88853046/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for PREGNANCY TESTING PREPARATIONS; OVULATION TEST KITS; FEMININE HYGIENE PADS; PREPARATIONS FOR THE TREATMENT OF ASTHMA
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: PREGNANCY TESTING PREPARATIONS; OVULATION TEST KITS; FEMININE HYGIENE PADS; AND FEMININE HYGIENE PADS; PREPARATIONS FOR THE TREATMENT OF ASTHMAClass 005 for PREGNANCY TESTING PREPARATIONS; OVULATION TEST KITS; AND FEMININE HYGIENE PADS;
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.

Applicant proposes to amend the following:

Current:
Class 010 for MEDICAL SYRINGES; BLOOD COLLECTION KITS; BLOOD PRESSURE AND DIABETIC DIAGNOSTIC MEDICAL DEVICES; DEVICES FOR MEASURING BLOOD SUGAR; MULTI-DRUG TESTING CUPS FOR DRUG USE TESTING PURPOSES; UNTREATED MULTI-DRUG TESTING DIP CARDS FOR DRUG USE TESTING PURPOSES; MEDICAL APPAREL IN THE NATURE OF SCRUBS; MEDICAL DIAGNOSTIC APPARATUS FOR TESTING DNA; MEDICAL APPARATUS AND INSTRUMENT FOR DIAGNOSTIC USE, NAMELY, APPARATUS FOR MEDICAL DIAGNOSTIC TESTING IN THE FIELDS OF CANCER OR OTHER TISSUE-BASED DIAGNOSTIC TESTING, CYTOLOGY AND CELL-BASED TESTING; HYPODERMIC NEEDLES; MEDICAL GOWNS; SURGICAL MASKS; HUMIDIFIERS; NEBULIZERS
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: MEDICAL SYRINGES; BLOOD COLLECTION KITS; BLOOD COLLECTION KIT COMPRISED OF BLOOD COLLECTION BAG, HOLDER FOR MEDICAL SAMPLE TUBES AND VIALS, AND MEDICAL SAMPLE TUBES AND VIALS; BLOOD PRESSURE AND DIABETIC DIAGNOSTIC MEDICAL DEVICES; DEVICES FOR MEASURING BLOOD SUGAR; MULTI-DRUG TESTING CUPS FOR DRUG USE TESTING PURPOSES; UNTREATED MULTI-DRUG TESTING DIP CARDS FOR DRUG USE TESTING PURPOSES; MEDICAL APPAREL IN THE NATURE OF SCRUBS; MEDICAL APPAREL IN THE NATURE OF SURGICAL SCRUB TOPS AND PANTS; MEDICAL DIAGNOSTIC APPARATUS FOR TESTING DNA; MEDICAL APPARATUS AND INSTRUMENT FOR DIAGNOSTIC USE, NAMELY, APPARATUS FOR MEDICAL DIAGNOSTIC TESTING IN THE FIELDS OF CANCER OR OTHER TISSUE-BASED DIAGNOSTIC TESTING, CYTOLOGY AND CELL-BASED TESTING; HYPODERMIC NEEDLES; MEDICAL GOWNS; SURGICAL MASKS; HUMIDIFIERS; HUMIDIFIERS FOR MEDICAL USE; NEBULIZERS; NEBULIZERS FOR¶
MEDICAL PURPOSESClass 010 for MEDICAL SYRINGES; BLOOD COLLECTION KIT COMPRISED OF BLOOD COLLECTION BAG, HOLDER FOR MEDICAL SAMPLE TUBES AND VIALS, AND MEDICAL SAMPLE TUBES AND VIALS; BLOOD PRESSURE AND DIABETIC DIAGNOSTIC MEDICAL DEVICES; DEVICES FOR MEASURING BLOOD SUGAR; MULTI-DRUG TESTING CUPS FOR DRUG USE TESTING PURPOSES; UNTREATED MULTI-DRUG TESTING DIP CARDS FOR DRUG USE TESTING PURPOSES; MEDICAL APPAREL IN THE NATURE OF SURGICAL SCRUB TOPS AND PANTS; MEDICAL DIAGNOSTIC APPARATUS FOR TESTING DNA; MEDICAL APPARATUS AND INSTRUMENT FOR DIAGNOSTIC USE, NAMELY, APPARATUS FOR MEDICAL DIAGNOSTIC TESTING IN THE FIELDS OF CANCER OR OTHER TISSUE-BASED DIAGNOSTIC TESTING, CYTOLOGY AND CELL-BASED TESTING; HYPODERMIC NEEDLES; MEDICAL GOWNS; SURGICAL MASKS; HUMIDIFIERS FOR MEDICAL USE; NEBULIZERS FOR MEDICAL PURPOSES
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
Miscellaneous Statement
Applicant has amended the goods so that they are classified in only two classes and no payment is due for a third class. In particular, Applicant does not require non-medical humidifiers in class 11, and medical humidifiers are the only type of humidifier for which it intends to use the mark. Further, Applicant has deleted the asthma preparation product in class 5, which should allow the cited application to be withdrawn, as stated in the office action. Given the foregoing, and since no prior registered marks were cited, this application appears ready for publication and such action is respectfully requested.

Correspondence Information (current):
      JOSEPH E. SUTTON
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@ezrasutton.com utton.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LIFBalanc001.
Correspondence Information (proposed):
      Joseph E. Sutton
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@ezrasutton.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LIFBalanc001.

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: /JS/     Date: 06/24/2020
Signatory's Name: Joseph E. Sutton
Signatory's Position: Atty of record, NJ bar

Signatory's Phone Number: 7326343520

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:    JOSEPH E. SUTTON
   SUTTON IP ASSOCIATES PA
   SUITE 201
   900 ROUTE 9 NORTH
   WOODBRIDGE, New Jersey 07095
Mailing Address:    Joseph E. Sutton
   SUTTON IP ASSOCIATES PA
   SUITE 201
   900 ROUTE 9 NORTH
   WOODBRIDGE, New Jersey 07095
        
Serial Number: 88853046
Internet Transmission Date: Wed Jun 24 13:24:28 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200624132428371744-88853046-7
10ed1f1868f5f91f1979963af198b52f909a0583
fc04addf71c21594d529132c-N/A-N/A-2020062
4131740994415