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. 90420495 IHEALTH (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9042049 5/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The filing dates of pending U.S. Application Serial Nos. 88/900766 and 88/900781 precede applicant?s filing date but do not have a likelihood of causing confusion. The current application has a distinct logo and further is in a different field. Whereas the serial numbers for 88/900766 and 88/900781 relate to alcohol wipes and cleaning supplies, the current application specifically deals with makeup, cosmetics, and dietary supplement capsules.

EVIDENCE
Evidence has been attached: Photographs of goods bearing the product and actual containers. 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.
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Cosmetic creams for skin care
The applicant, 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, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.


Proposed:

Tracked Text Description: Cosmetic creams for skin care; In International Class 3; cosmetic creams for skin care.Class 003 for In International Class 3; cosmetic creams for skin care.
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 01/01/2020 and first used in commerce at least as early as 01/01/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003. The specimen(s) submitted consists of Attach photograph of goods bearing the product and actual container attached. 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..
"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
Specimen File2
Specimen File3
Specimen File4


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

Applicant proposes to amend the following:

Current:
Class 005 for Dietary supplement beverage for optimize immune system, metabolism; Dietary supplements consisting primarily of NMN; Dietary supplements in the form of Capsules
The applicant, 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, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.


Proposed:

Tracked Text Description: Dietary supplement beverage for optimize immune system, metabolism; In International Class 5; Dietary supplements consisting primarily of NMN; dietary supplement beverage for optimizing immune systems and metabolism; Dietary supplements in the form of Capsules; dietary supplements consisting primarily of nicotinamide mononucleotide (NMN); dietary supplements in the form of capsules.Class 005 for In International Class 5; dietary supplement beverage for optimizing immune systems and metabolism; dietary supplements consisting primarily of nicotinamide mononucleotide (NMN); dietary supplements in the form of capsules.
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 01/01/2020 and first used in commerce at least as early as 01/01/2020 , 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 Attach photograph of goods bearing the product and actual container attached. 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..
"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
Specimen File2
Specimen File3
Specimen File4


Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      Ricky W. Poon
      PRIMARY EMAIL FOR CORRESPONDENCE: poonlawoffice@yahoo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): attorneypoon@yahoo.com
Correspondence Information (proposed):
      Ricky W. Poon
      PRIMARY EMAIL FOR CORRESPONDENCE: poonlawoffice@yahoo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): attorneypoon@yahoo.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)
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: /RICKY W. POON/      Date: 07/07/2022
Signatory's Name: RICKY W. POON
Signatory's Position: Attorney of record, California Bar member
Signature method: Signed directly within the form

Response Signature
Signature: /RICKY W. POON/     Date: 07/07/2022
Signatory's Name: RICKY W. POON
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 6262829797 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:    Ricky W. Poon
   LAW OFFICES OF RICKY W. POON & ASSOCIATES
   
   2926 WEST VALLEY BOULEVARD
   ALHAMBRA, California 91803
Mailing Address:    Ricky W. Poon
   LAW OFFICES OF RICKY W. POON & ASSOCIATES
   2926 WEST VALLEY BOULEVARD
   ALHAMBRA, California 91803
        
Serial Number: 90420495
Internet Transmission Date: Thu Jul 07 18:24:13 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-202207071824138995
40-90420495-80026dc94fadab982c97e6a1c62e
7516ff40e64cc74f6f88a55b820119eabc61-N/A
-N/A-20220707181108818894