Response to Office Action

PTO- 1957

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

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PTO- 1957

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90075238 ISOTONIX(Standard Characters, see http://uspto.report/TM/90075238/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Remarks in Support of Registration
Original PDF file:
evi_1-12813664190-2021040 2111813258556_._X__Ser._N o._900075238____Remarks_i n_Support_of_Registration.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 010 for Drug delivery systems for health supplements, not including the supplements themselves

Applicant hereby adds the following class of goods/services to the application:
New: Class 005 (Original Class: 010 ) for Drug delivery systems for health supplements, not including the supplements themselves, in the nature of powders that provide controlled release of the active ingredients for a wide variety of neutraceuticals
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 11/29/1991 and first used in commerce at least as early as 11/29/1991 , and is now in use in such commerce.


Webpage URL: http://www.shop.com/Isotonix+OPC+3+reg+-561800349-p+.xhtml
Webpage Date of Access: 07/27/2020

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

Correspondence Information (current):
      Arlene D. Hanks
      PRIMARY EMAIL FOR CORRESPONDENCE: adh-ptotmcorrespondence@mvalaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): arlenehanks@mvalaw.com; iplaw@mvalaw.com

The docket/reference number is 047565.002.
Correspondence Information (proposed):
      Arlene D. Hanks
      PRIMARY EMAIL FOR CORRESPONDENCE: adh-ptotmcorrespondence@mvalaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): arlenehanks@mvalaw.com; iplaw@mvalaw.com

The docket/reference number is 047565.002.

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: /arlenedhanks/      Date: 04/02/2021
Signatory's Name: Arlene D. Hanks
Signatory's Position: Attorney of Record, North Carolina Bar Member
Signatory's Phone Number: 919-286-8078

Signature method: Signed directly within the form

Response Signature
Signature: /arlenedhanks/     Date: 04/02/2021
Signatory's Name: Arlene D. Hanks
Signatory's Position: Attorney of Record, North Carolina Bar Member

Signatory's Phone Number: 919-286-8078 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.

Mailing Address:    Arlene D. Hanks
   Moore & Van Allen PLLC
   Suite 4700
   100 North Tryon Street
   Charlotte, North Carolina 28202
Mailing Address:    Arlene D. Hanks
   Moore & Van Allen PLLC
   Suite 4700
   100 North Tryon Street
   Charlotte, North Carolina 28202
        
Serial Number: 90075238
Internet Transmission Date: Fri Apr 02 11:33:19 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202104021133199
02982-90075238-770fb1c6b8a64f9a781ba24bf
7168ce8b6161c193c146b485314dc83f4b9282df
-N/A-N/A-20210402111813258556