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. 90328712 MITO-SHIELD(Standard Characters, see http://uspto.report/TM/90328712/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 001 for Ketones; Antioxidants for use in the manufacture of cosmetics; Antioxidants for use in the manufacture of food supplements; Antioxidants for use in the manufacture of pharmaceuticals; Chemical additives for use in the manufacture of cosmetics; Protein for use in the manufacture of cosmetics; Protein in raw material form for scientific and medical research; Proteins for use in the manufacture of food supplements; Proteins for the food industry; Vitamins for use in the manufacture of cosmetics
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 10/10/2020 and first used in commerce at least as early as 10/15/2020 , and is now in use in such commerce.


Proposed:
Class 001 for Ketones; Antioxidants for use in the manufacture of cosmetics; Antioxidants for use in the manufacture of food supplements; Antioxidants for use in the manufacture of pharmaceuticals; Chemical additives for use in the manufacture of cosmetics; Protein for use in the manufacture of cosmetics; Protein in raw material form for scientific and medical research; Proteins for use in the manufacture of food supplements; Proteins for the food industry; Vitamins for use in the manufacture of cosmetics
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 10/10/2020 and first used in commerce at least as early as 10/15/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 001. The specimen(s) submitted consists of Specimens show the use of the trademark about Class 001.
"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].
JPG file(s):Specimen File1Specimen File2
Original PDF file:
SPU0-113204230202-2021090 5224125933465_._invoice_.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-113204230202-2021090 5224125933465_._PACKING_l ist_.pdf
Converted PDF file(s) ( 1 page) Specimen File1


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

Applicant proposes to amend the following:

Current:
Class 005 for Albumin dietary supplements; Dietary food supplements; Dietary supplemental drinks; Dietetic beverages adapted for medical purposes; Dietetic foods adapted for medical purposes; Food supplements, namely, anti-oxidants; Liquid protein supplements; Nutritional supplements for boosting energy, promoting healthy skin; Protein dietary supplements; Whey 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 10/10/2020 and first used in commerce at least as early as 10/15/2020 , and is now in use in such commerce.


Proposed:
Class 005 for Albumin dietary supplements; Dietary food supplements; Dietary supplemental drinks; Dietetic beverages adapted for medical purposes; Dietetic foods adapted for medical purposes; Food supplements, namely, anti-oxidants; Liquid protein supplements; Nutritional supplements for boosting energy, promoting healthy skin; Protein dietary supplements; Whey 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 10/10/2020 and first used in commerce at least as early as 10/15/2020 , 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 Specimens show the use of the trademark about Class 005.
"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].
JPG file(s):Specimen File1
Original PDF file:
SPU1-113204230202-2021090 5224125933465_._Mito-Shie ld.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU1-113204230202-2021090 5224125933465_._Mito-Shie ld_packing_list.pdf
Converted PDF file(s) ( 1 page) Specimen File1


Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      Xingyi Tao
      PRIMARY EMAIL FOR CORRESPONDENCE: taoxingyi@daoleerlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ustm@zbj.com

The docket/reference number is 5-170097.
Correspondence Information (proposed):
      Xingyi Tao
      PRIMARY EMAIL FOR CORRESPONDENCE: taoxingyi@daoleerlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ustm@zbj.com

The docket/reference number is 5-170097.

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: /Xingyi Tao/      Date: 09/09/2021
Signatory's Name: Xingyi Tao
Signatory's Position: Attorney of record
Signatory's Phone Number: +86-18623196385

Signature method: Signed directly within the form

Response Signature
Signature: /Xingyi Tao/     Date: 09/09/2021
Signatory's Name: Xingyi Tao
Signatory's Position: Attorney of record

Signatory's Phone Number: +86-18623196385 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:    Xingyi Tao
   
   
   10685-B Hazelhurst Dr.#29808
   Houston, Texas 77043
Mailing Address:    Xingyi Tao
   10685-B Hazelhurst Dr.#29808
   Houston, Texas 77043
        
Serial Number: 90328712
Internet Transmission Date: Wed Sep 08 23:57:44 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20210908235744740
969-90328712-781ae52a8e05fbc759d3e6308f7
7e42c536680ee1ac1d5fef2d425442413f0-N/A-
N/A-20210908235107191011