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. 90041414 PROBASE NUTRITION(Standard Characters, see http://uspto.report/TM/90041414/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: PROBASE NUTRITION(Standard Characters, see http://uspto.report/TM/90041414/mark.png)
Proposed: PROBASE NUTRITION (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of The mark consists of the words "Probase", which has no meaning but is merely a name and "Nutrition", which is a word used to describe the nature of the brand, namely nutritional supplements.

EVIDENCE
Evidence has been attached: We have done an exhaustive search of Base Nutrition and it is not selling the same products we are. They are selling exclusively "Diet Supplements" such as fat burners. They are not selling vitamins, protein powders and as it is in our case "Collagen Supplements". We intent to focus our application with the USPTO only with what we actually sell, namely Collagen and Protein products and eliminate the broad current scope of our application.
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Vitamins; Vitamin A preparations; Vitamin drops; Vitamin preparations; Vitamin supplements; Vitamin tablets; Vitamins for animals; Vitamins for pets; Dietary and nutritional supplements for endurance sports; Gummy vitamins; Mixed vitamin preparations; Multi-vitamin preparations; Soy protein for use as a nutritional supplement in various powdered and ready-to-drink beverages
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/15/2020 and first used in commerce at least as early as 04/15/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Vitamins; Collagen protein, collagen peptides, collagen gummies, collagen drinks, collagen peptides, protein powders, protein drinks; Vitamin A preparations; Vitamin drops; Vitamin preparations; Vitamin supplements; Vitamin tablets; Vitamins for animals; Vitamins for pets; Dietary and nutritional supplements for endurance sports; Gummy vitamins; Mixed vitamin preparations; Multi-vitamin preparations; Soy protein for use as a nutritional supplement in various powdered and ready-to-drink beveragesClass 005 for Collagen protein, collagen peptides, collagen gummies, collagen drinks, collagen peptides, protein powders, protein drinks
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/15/2020 and first used in commerce at least as early as 04/15/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 005. The specimen(s) submitted consists of We have added the actual product we currently sell, namely a 16oz plastic jar filled with our Collagen Peptides powder and the brand "Probase Nutrition" on the label..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Nutrition apart from the mark as shown.

Correspondence Information (current):
      MALAGA IMPORTS, LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: francisco@malagaimports.org
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Malaga Imports, LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: francisco@malagaimports.org
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. 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.

Signature: /Francisco Martin/      Date: 09/10/2020
Signatory's Name: Francisco Martin
Signatory's Position: Owner
Signatory's Phone Number: 3104096182


Response Signature
Signature: /Francisco Martin/     Date: 09/10/2020
Signatory's Name: Francisco Martin
Signatory's Position: Owner

Signatory's Phone Number: 3104096182

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    MALAGA IMPORTS, LLC
   MALAGA IMPORTS, LLC
   
   24330 AETNA ST
   WOODLAND HILLS, California 91367
Mailing Address:    Malaga Imports, LLC
   24330 AETNA ST
   Woodland Hills, California 91367
        
Serial Number: 90041414
Internet Transmission Date: Thu Sep 10 15:33:43 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200910153343
497980-90041414-750b1d1364847a3c3f61df81
8b5ad160a0ab6ae3d394f0c49c65d28cc210ade2
3b-N/A-N/A-20200910144941063076