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 11/30/2023)

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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 11/30/2023)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90079151 MUSCLE NERDS LABORATORIES (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9007915 1/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Dietary and nutritional supplements for endurance sports; Herbal supplements for Health and Fitness; Nutritional supplements; Nutritional supplements for HEalth and Fitness; Nutritional supplements in the form of powders, capsules,etc; Nutritional supplements, namely, carbohydrates in powdered form; Powdered nutritional supplement drink mix; Protein supplements
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 08/01/2019 and first used in commerce at least as early as 08/01/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Dietary and nutritional supplements for endurance sports; Herbal supplements for health and fitness; Nutritional supplements; Nutritional supplements for health and fitness; Nutritional supplements in the form of powders, capsules,etc; Nutritional supplements in the form of powders and capsules; Nutritional supplements, namely, carbohydrates in powdered form; Powdered nutritional supplement drink mix; Protein supplements; Protein supplements.¶
International Class 5.Class 005 for Dietary and nutritional supplements for endurance sports; Herbal supplements for health and fitness; Nutritional supplements; Nutritional supplements for health and fitness; Nutritional supplements in the form of powders and capsules; Nutritional supplements, namely, carbohydrates in powdered form; Powdered nutritional supplement drink mix; Protein supplements. International Class 5.
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 08/01/2019 and first used in commerce at least as early as 08/01/2019 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Louie Marroquin, DBA ELEVATED RESEARCH GROUP LLC, a limited liability company legally organized under the laws of California, having an address of

            6830 walerga rd 148      7889 lichen drive 195
      Sacramento, California 95621
      United States
      Email Address: XXXX
      916-842-7848
Proposed: Louie Marroquin , DBA Louie Marroquin, a citizen of United States, having an address of
      6830 walerga rd 148
      7889 lichen drive 195
      Sacramento, California 95621
      United States
      Email Address: XXXX
      916-842-7848

Applicant proposes to amend the following:
Current: Derek Penrod, DBA Elevated Distributions, a citizen of United States, having an address of

            2175 kingsley      2175 kingsley unit 314
      orange park, Florida 32065
      United States
      Email Address: XXXX
      916-667-4585
Proposed: Derek Penrod, DBA Elevated Distributions, a citizen of United States, having an address of
      2175 kingsley
      2175 kingsley unit 314
      orange park, Florida 32065
      United States
      Email Address: XXXX
      916-667-4585

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use the words Muscle and Laborotories apart from the mark as shown.


Color Claim
The color(s) yellow, gold, white , blue, is/are claimed as a feature of the mark.

Description of mark
The mark consists of The mark consists of wording MUSCLE NERDS in yellow and black, above a design of a muscular bodybuilder in yellow, gold, white and black, with a yellow emoji head wearing black glasses, with blue, black and white eyes and two white front teeth, holding black and white barbells, all over the wording LABORATORIES in yellow and black. The entire mark is on a black background.
Correspondence Information (current):
      LOUIE MARROQUIN
      PRIMARY EMAIL FOR CORRESPONDENCE: elevated.researchgrp@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elevateddistributions1@gmail.com
Correspondence Information (proposed):
      Marroquin , Louie
      PRIMARY EMAIL FOR CORRESPONDENCE: elevated.researchgrp@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elevateddistributions1@gmail.com

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)
Response Signature
Signature: /Louie Marroquin/     Date: 12/30/2020
Signatory's Name: Louie Marroquin
Signatory's Position: owner

Signatory's Phone Number: 916-842-7848

Response Signature
Signature: /Derrek Penrod/     Date: 12/30/2020
Signatory's Name: Derrek Penrod
Signatory's Position: owner

Signatory's Phone Number: 916-667-4585

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:    LOUIE MARROQUIN
   
   6830 WALERGA RD 148
   7889 LICHEN DRIVE 195
   SACRAMENTO, California 95621
Mailing Address:    Marroquin , Louie
   6830 walerga rd 148
   7889 lichen drive 195
   Sacramento, California 95621
        
Serial Number: 90079151
Internet Transmission Date: Wed Dec 30 19:12:25 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20201230191225741219-90079151-
7504b949efd2568d43539442ca3585b2843b8436
6a7eded4db5ff2594a75137da-N/A-N/A-202012
30185349149937