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. 88266204 DASHFITNESS(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88266204/large) has been amended as follows:

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

Please see argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Applicant's Response has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary supplements; nutritional supplements; ready to drink protein supplement shakes; nutritional supplement protein bars; meal replacement bars; meal replacement drinks; meal replacement powders; protein supplement powder
Original Filing Basis:
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; Nutritional supplements; Ready to drink protein supplement shakes; Nutritional supplement protein bars; meal replacement bars; Meal replacement bars adapted for medical use; meal replacement drinks; Meal replacement drinks adapted for medical use; meal replacement powders; Meal replacement powders adapted for medical use; protein supplement powder; Protein supplement powder drink mixClass 005 for Dietary supplements; Nutritional supplements; Ready to drink protein supplement shakes; Nutritional supplement protein bars; Meal replacement bars adapted for medical use; Meal replacement drinks adapted for medical use; Meal replacement powders adapted for medical use; Protein supplement powder drink mix
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 class of goods/services in the application:
Current: Class 035 for Online retail store services featuring dietary supplements, nutritional supplements, herbs, vitamins, sports nutrition products, fitness products and apparel, cosmetics, body care, diagnostic exercise, or aromatherapy products
Original Filing Basis:
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: Online retail store services featuring dietary supplements, nutritional supplements, herbs, vitamins, sports nutrition products, fitness products and apparel, cosmetics, body care, diagnostic exercise, or aromatherapy products; Online retail store services featuring dietary supplements, nutritional supplements, herbs, vitamins, sports nutrition products, fitness products and apparel, cosmetics, body care, diagnostic exercise products and aromatherapy productsClass 035 for Online retail store services featuring dietary supplements, nutritional supplements, herbs, vitamins, sports nutrition products, fitness products and apparel, cosmetics, body care, diagnostic exercise products and aromatherapy products
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.

The applicant's current attorney information: James L. Vana. James L. Vana of PERKINS COIE LLP, is located at

      1201 THIRD AVENUE, SUITE 4900
      SEATTLE, Washington 98101
      US
The docket/reference number is 121132-4000.

The phone number is 206-359-8000.

The fax number is 206-359-9000.

The email address is pctrademarks@perkinscoie.com

The applicants proposed attorney information: James L. Vana. Other appointed attorneys are Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan B. Blum, Craig C. Bradley, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, Colleen M. Ganin, Alexander J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, Patchen M. Haggerty, John P. Halski, Thomas L. Holt, Jason S. Howell, Lisa K. Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan, Heidi L. Sachs, Grace Han Stanton, Danielle Suh, Fabricio Vayra and Robert G. Woolston. James L. Vana of PERKINS COIE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1201 THIRD AVENUE, SUITE 4900
      SEATTLE, Washington 98101
      United States
The docket/reference number is 121132-4000.

The phone number is 206-359-8000.

The fax number is 206-359-9000.

The email address is pctrademarks@perkinscoie.com

James L. Vana submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: JAMES L. VANA. JAMES L. VANA of PERKINS COIE LLP, is located at

      1201 THIRD AVENUE, SUITE 4900
      SEATTLE, Washington 98101
      US
The docket/reference number is 121132-4000.

The phone number is 206-359-8000.

The fax number is 206-359-9000.

The email address is pctrademarks@perkinscoie.com

The applicants proposed correspondence information: James L. Vana. James L. Vana of PERKINS COIE LLP, is located at

      1201 THIRD AVENUE, SUITE 4900
      SEATTLE, Washington 98101
      United States
The docket/reference number is 121132-4000.

The phone number is 206-359-8000.

The fax number is 206-359-9000.

The email address is pctrademarks@perkinscoie.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
A Request to Divide for Classes 005, 028, 035 and 038 was filed 9-25-19.


SIGNATURE(S)
Response Signature
Signature: /James L. Vana/     Date: 09/25/2019
Signatory's Name: James L. Vana
Signatory's Position: Attorney of Record, Washington State Bar Member

Signatory's Phone Number: 206-359-8000

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:    JAMES L. VANA
   PERKINS COIE LLP
   
   1201 THIRD AVENUE, SUITE 4900
   SEATTLE, Washington 98101
Mailing Address:    James L. Vana
   PERKINS COIE LLP
   1201 THIRD AVENUE, SUITE 4900
   SEATTLE, Washington 98101
        
Serial Number: 88266204
Internet Transmission Date: Wed Sep 25 20:27:45 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201909252027457
27216-88266204-610e0662a99dc9ae558a58be8
f48388fabf71c2f3655dca868dfd7864cbae6f5d
ab-N/A-N/A-20190925181859374517