To: | Vitality Products Inc. (tnaeckel@cox.net) |
Subject: | U.S. Trademark Application Serial No. 88977368 - VITALITY - Vitality |
Sent: | July 11, 2020 06:10:42 AM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88977368
Mark: VITALITY
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Correspondence Address: 15850 N. Thompson Peak Pkwy #2161
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Applicant: Vitality Products Inc.
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Reference/Docket No. Vitality
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 11, 2020
This Office action is in response to applicant's communication filed on June 9, 2020.
In a previous Office action dated April 22, 2020, applicant was required to satisfy the following requirements: amend the identification of goods in Class 3 and clarify the filing basis for Class 5 as to 44(e).
In response, applicant satisfied both requirements. However, applicant amended the Class 5 filing basis from 1(b) and 44(e) to 1(a). Applicant is not able to amend to Section 1(a) without filing an amendment to allege use. As such, the amendment is not accepted and the Section 1(b) basis remains the operative basis.
AMENDMENT TO SECTION 1(a) FILING BASIS REJECTED
To amend an intent-to-use application under Trademark Act Section 1(b) to claim use in commerce, an applicant must file a separate acceptable amendment to allege use or statement of use. See 15 U.S.C. §1051(c); 37 C.F.R. §§2.76, 2.88; TMEP §§806.01(b), 1103. An amendment to allege use or statement of use has various legal requirements, including providing verified dates of first use of the mark, a verified statement that the mark is in use in commerce, a specimen showing the mark as actually used in commerce for each international class, and a fee. 37 C.F.R. §§2.76, 2.88; TMEP §806.01(b). In addition, certain time restrictions apply to filing an amendment to allege use or statement of use. See 37 C.F.R. §§2.76(a), 2.88(a); TMEP §§1104.03, 1109.04. See the ITU basis webpage for more information about an amendment to allege use or statement of use. To submit one, use the Trademark Electronic Application System (TEAS) Allegation of Use form.
RESPONSE GUIDELINES
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Tara L. Bhupathi/
Examining Attorney
Law Office 124
(571) 272-5557
tara.bhupathi@uspto.gov
RESPONSE GUIDANCE