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)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88871393 LEGENDS(Standard Characters, see http://uspto.report/TM/88871393/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Dietary supplements, powder packets, derma patches, sublingual/buccal strips; dissolvable, editable and water soluble press tablets; topical balms; gel capsules; oral inhalers and vaporizers; meal replacements, namely, specify meal replacement bars and shakes; protein and energy bars; dietetic food and beverages; chewable and gel forms, namely, gum; food and beverage additives; medicated lotions and medical topical ointments; bath salts and bath soaks
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 supplements, powder packets, derma patches, sublingual/buccal strips; Dietary supplements; dissolvable, editable and water soluble press tablets; vitamin supplements in the form of powder packets, derma patches, and sublingual/buccal strips; topical balms; vitamin supplements in the form of dissolvable, editable and water soluble press tablets; gel capsules; nutritional supplements in the form of gel capsules; oral inhalers and vaporizers; meal replacements, namely meal replacement bars and shakes adapted for medical purposes; meal replacements, namely, specify meal replacement bars and shakes; nutritional supplement protein and energy bars; protein and energy bars; dietetic food and beverages adapted for medical use; dietetic food and beverages; chewable and gel forms, namely medicated chewing gum, medicated lotions for skin, and medicated topical ointments, namely pain relief ointments; chewable and gel forms, namely, gum; food and beverage additives, namely tangerine orange extract, dextrose, potassium citrate, magnesium citrate, potassium chloride, ascorbic acid, green tea extract, and ginger extract as powdered additives to beverages for medical purposes.; food and beverage additives; medicated lotions and medical topical ointments; bath salts and bath soaksClass 005 for Dietary supplements; vitamin supplements in the form of powder packets, derma patches, and sublingual/buccal strips; vitamin supplements in the form of dissolvable, editable and water soluble press tablets; nutritional supplements in the form of gel capsules; meal replacements, namely meal replacement bars and shakes adapted for medical purposes; nutritional supplement protein and energy bars; dietetic food and beverages adapted for medical use; chewable and gel forms, namely medicated chewing gum, medicated lotions for skin, and medicated topical ointments, namely pain relief ointments; food and beverage additives, namely tangerine orange extract, dextrose, potassium citrate, magnesium citrate, potassium chloride, ascorbic acid, green tea extract, and ginger extract as powdered additives to beverages 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.
Correspondence Information (current):
      BRADLEY M. GANZ
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@ganzlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mail@ganzlaw.com

The docket/reference number is LBP3003.
Correspondence Information (proposed):
      Bradley M. Ganz
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@ganzlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mail@ganzlaw.com

The docket/reference number is LBP3003.

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: /BRADLEY M. GANZ/     Date: 11/16/2020
Signatory's Name: Bradley M. Ganz
Signatory's Position: Attorney of Record, Oregon Bar Member

Signatory's Phone Number: 5038449009

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:    BRADLEY M. GANZ
   GANZ POLLARD, LLC
   
   P.O. BOX 2200
   HILLSBORO, Oregon 97123
Mailing Address:    Bradley M. Ganz
   GANZ POLLARD, LLC
   P.O. BOX 2200
   HILLSBORO, Oregon 97123
        
Serial Number: 88871393
Internet Transmission Date: Tue Nov 17 12:19:32 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20201117121932207
909-88871393-7506488ac2d941c80f2a55b949a
ff516e28f36eee995224a8a98726743dcb414a8-
N/A-N/A-20201110120906344746