TEAS Request Reconsideration after FOA

NMXSS90

Nutramax Laboratories, Inc.

TEAS Request Reconsideration after FOA

PTO- 1960
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90013891
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK mark
LITERAL ELEMENT NMXSS90
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 005
DESCRIPTION nutritional supplement ingredient, namely yeast
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
nutritional supplement ingredient, namely yeast; yeast sold as a component ingredient of nutritional supplements
FINAL DESCRIPTION
yeast sold as a component ingredient of nutritional supplements
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME Andrew D. Dorisio
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE dwtrademarks@dickinsonwright.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) adorisio@dickinsonwright.com
DOCKET/REFERENCE NUMBER 088272-00433
CORRESPONDENCE INFORMATION (proposed)
NAME Andrew D. Dorisio
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE dwtrademarks@dickinsonwright.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) adorisio@dickinsonwright.com; rdennis@dickinsonwright.com
DOCKET/REFERENCE NUMBER 088272-00433
SIGNATURE SECTION
RESPONSE SIGNATURE /add/
SIGNATORY'S NAME Andrew Dorisio
SIGNATORY'S POSITION Attorney of record, KY bar member
SIGNATORY'S PHONE NUMBER 8598998740
DATE SIGNED 08/03/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Tue Aug 03 11:38:20 ET 2021
TEAS STAMP USPTO/RFR-XX.XXX.XXX.XXX-
20210803113820790567-9001
3891-7812072d19c8e6b5248e
83dde2a6cc359525e1e63d877
758348a4d758ab842df-N/A-N
/A-20210803113717118340



PTO- 1960
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 90013891 NMXSS90(Standard Characters, see http://uspto.report/TM/90013891/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for nutritional supplement ingredient, namely yeast
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: nutritional supplement ingredient, namely yeast; yeast sold as a component ingredient of nutritional supplementsClass 005 for yeast sold as a component ingredient of nutritional supplements
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Andrew D. Dorisio
      PRIMARY EMAIL FOR CORRESPONDENCE: dwtrademarks@dickinsonwright.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): adorisio@dickinsonwright.com

The docket/reference number is 088272-00433.
Correspondence Information (proposed):
      Andrew D. Dorisio
      PRIMARY EMAIL FOR CORRESPONDENCE: dwtrademarks@dickinsonwright.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): adorisio@dickinsonwright.com; rdennis@dickinsonwright.com

The docket/reference number is 088272-00433.

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)
Request for Reconsideration Signature
Signature: /add/     Date: 08/03/2021
Signatory's Name: Andrew Dorisio
Signatory's Position: Attorney of record, KY bar member

Signatory's Phone Number: 8598998740 Signature method: Signed directly within the form

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Andrew D. Dorisio
   DICKINSON WRIGHT PLLC
   300 West Vine Street
   Suite 1700
   Lexington, Kentucky 40507
Mailing Address:    Andrew D. Dorisio
   DICKINSON WRIGHT PLLC
   300 West Vine Street
   Suite 1700
   Lexington, Kentucky 40507
        
Serial Number: 90013891
Internet Transmission Date: Tue Aug 03 11:38:20 ET 2021
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-202108031138207
90567-90013891-7812072d19c8e6b5248e83dde
2a6cc359525e1e63d877758348a4d758ab842df-
N/A-N/A-20210803113717118340



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