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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88266204 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/88266204/large |
LITERAL ELEMENT |
DASHFITNESS |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see argument text attached within the Evidence section. |
EVIDENCE SECTION |
DESCRIPTION OF EVIDENCE FILE |
Applicant's Response |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
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 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
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 mix |
FINAL DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (025)(no change) |
GOODS AND/OR SERVICES SECTION (028)(no change) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
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 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
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
products |
FINAL DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (038)(no change) |
GOODS AND/OR SERVICES SECTION (041)(no change) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
A Request to Divide for Classes 005, 028, 035 and 038 was filed 9-25-19. |
ATTORNEY SECTION (current) |
NAME |
James L. Vana |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
PERKINS COIE LLP |
STREET |
1201 THIRD AVENUE, SUITE 4900 |
CITY |
SEATTLE |
STATE |
Washington |
POSTAL CODE |
98101 |
COUNTRY |
US |
PHONE |
206-359-8000 |
FAX |
206-359-9000 |
EMAIL |
pctrademarks@perkinscoie.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
121132-4000 |
ATTORNEY SECTION (proposed) |
NAME |
James L. Vana |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
PERKINS COIE LLP |
STREET |
1201 THIRD AVENUE, SUITE 4900 |
CITY |
SEATTLE |
STATE |
Washington |
POSTAL CODE |
98101 |
COUNTRY |
United States |
PHONE |
206-359-8000 |
FAX |
206-359-9000 |
EMAIL |
pctrademarks@perkinscoie.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
121132-4000 |
OTHER APPOINTED ATTORNEY |
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 |
CORRESPONDENCE SECTION (current) |
NAME |
JAMES L. VANA |
FIRM NAME |
PERKINS COIE LLP |
STREET |
1201 THIRD AVENUE, SUITE 4900 |
CITY |
SEATTLE |
STATE |
Washington |
POSTAL CODE |
98101 |
COUNTRY |
US |
PHONE |
206-359-8000 |
FAX |
206-359-9000 |
EMAIL |
pctrademarks@perkinscoie.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
121132-4000 |
CORRESPONDENCE SECTION (proposed) |
NAME |
James L. Vana |
FIRM NAME |
PERKINS COIE LLP |
STREET |
1201 THIRD AVENUE, SUITE 4900 |
CITY |
SEATTLE |
STATE |
Washington |
POSTAL CODE |
98101 |
COUNTRY |
United States |
PHONE |
206-359-8000 |
FAX |
206-359-9000 |
EMAIL |
pctrademarks@perkinscoie.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
121132-4000 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/James L. Vana/ |
SIGNATORY'S NAME |
James L. Vana |
SIGNATORY'S POSITION |
Attorney of Record, Washington State Bar Member |
SIGNATORY'S PHONE NUMBER |
206-359-8000 |
DATE SIGNED |
09/25/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Sep 25 20:27:45 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20190925202745727216-8826
6204-610e0662a99dc9ae558a
58be8f48388fabf71c2f3655d
ca868dfd7864cbae6f5dab-N/
A-N/A-2019092518185937451
7 |
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