Amendment to Allege Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

---

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: VITALITY (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88977368


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Vitality Products Inc., having an address of
      304 - 837 West Hastings Street
      Vancouver, BC, V6C3N6
      Canada
      Email: XXXX
Proposed: Vitality Products Inc., having an address of
      304 - 837 West Hastings Street
      Vancouver, BC, V6C3N6
      Canada
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 005:
Current identification: Health foods being dietetic foods adopted for medical use, food supplements and vitamin preparations of every nature and kind, including alpha tablets, iron and liver capsules, digestive aids, fish liver oil, calcium lactate; Dietary supplements for general health and well-being; mixed vitamin preparations; mineral supplements; botanical supplements for general health and well being

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/19/1951, and first used in commerce at least as early as 08/00/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) One specimen is a product label. The second specimen is a product label incorporated into an Amazon.com web page..

JPG file(s):
Specimen File1
Original PDF file:
SPN0-70171226224-20200713 132313749105_._Amazon.com __NEW_-_VITALITY_Time_Rel ease._.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Arno T. Naeckel
      PRIMARY EMAIL FOR CORRESPONDENCE: tnaeckel@cox.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pablo.tseng@mcmillan.ca
Correspondence Information (proposed):
      Arno T. Naeckel
      PRIMARY EMAIL FOR CORRESPONDENCE: tnaeckel@cox.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pablo.tseng@mcmillan.ca

The docket/reference number is Vitality.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged 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 specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Arno T. Naeckel/      Date Signed: 07/13/2020
Signatory's Name: Arno T. Naeckel
Signatory's Position: Attorney of Record, Arizona BAr
Signatory's Phone: 770-262-5635

RAM Sale Number: 88977368
RAM Accounting Date: 07/13/2020

Serial Number: 88977368
Internet Transmission Date: Mon Jul 13 13:38:12 ET 2020
TEAS Stamp: USPTO/AAU-XX.XXX.XXX.XXX-202007131338127
23410-88977368-740521065591b4ad55e7be120
90e31837a25b84652812a44dc46668bf33853e73
4-CC-38107069-20200713132313749105