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. 90674227 PODIUM P (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9067422 7/large) has been amended as follows:

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

In response to the Office Action, Applicant has amended the application to delete all goods in International Class 032. The sole basis of the refusal of the application is in view of U.S. Trademark Registration No. 5,739,700, PODIUM JUICE, issued for "sports drinks, namely performance drinks." Applicant's goods are now solely, "Dietary and nutritional supplements; Protein supplements formed and packaged as bars; Vitamins; Nutritional supplement energy bars in class 005 and Headbands; Hoodies; Knit face masks being headwear; Socks; Sweatshirts; T-shirts; Baseball caps in Class 025." As was the case in "In re Q'Sai Co., Ltd., Serial No. 79/157,321 (November 15, 2017) the TTAB held that the mark Q'Sai for "fruit juice, concentrates for making fruit juice, vegetable juices, and food products", was not confusingly similar to the mark SAI for "soft drinks, namely, noncarbonated soft drinks; beauty beverages, namely, energy drinks containing mineral supplements". Therefore, the TTAB enabled similar terms to be registered by different parties for supplements and juices. Therefore, in this case, there is no likelihood that the mark sought to be registered and the mark cited would be confused by consumers as to the source of the goods. This was exactly the situation in Applicant's two other applications, Serial No(s). 90/552,485 and 90/749,362. These applications cover the marks PODIUM and PODIUM NUTRITION, and both of these applications have been approved for publication covering goods in Class 005 and 025, over US Trademark Registration No. 5,739,700. Likelwise, in the current situation, in light of Applicant dropping goods in Int'l Class 032, consumers would not be likely to be confused by the sale of Applicant's products in Classes 005 and 025 with the source of the sale of the goods identified in the cited registration. Timely reconsideration and approval of the application are requested. If any questions remain, please feel free to contact the undersigned at once.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 032 for Fruit beverages; Isotonic beverages; Non-alcoholic beverages, namely, carbonated beverages; Protein-enriched sports beverages

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Podium Nutrition, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      750 William D. Fitch Parkway, Suite 540
      College Station, Texas 77845
      United States
      Email Address: XXXX
      979-229-8859
Proposed: Podium Nutrition, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      750 William D. Fitch Parkway, Suite 540
      College Station, Texas 77845
      United States
      Email Address: XXXX
      979-229-8859

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized and incomplete letter "P" design comprised of straight and curved lines. The stylized word "PODIUM" appears partially intersecting with the stylized letter "P" design.

Miscellaneous Statement
Applicant is the owner of U.S. Trademark Application Serial No(s). 90/552,485 and 90/749,362. Applicant attaches a copy of a Power/Revocation already filed by the Applicant on 1/11/2022. Please direct all correspondence top the newly appointed attorney of record.

Original PDF file:
mis-1746436201-2022011111 3620579797_._Power_Podium _Signed.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1

The owner's/holder's current attorney information: Jeremy Osborne. Jeremy Osborne, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      750 WILLIAM D. FITCH PARKWAY, SUITE 540
      COLLEGE STATION, Texas 77845
      United States
      The phone number is 979-229-8859.
      The email address is jeremy.osborne@me.com

The owner's/holder's proposed attorney information: Jeremy Osborne. Other appointed attorneys are Welsh, John L.; Flaxman, Howard N.. Jeremy Osborne of Stewart L Gitler/ WELSH FLAXMAN & GITLER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 210
      1451 Dolley Madison Blvd.
      McLean, Virginia 22101
      United States
The docket/reference number is WFG-8391.
      The phone number is 703-920-1122.
      The fax number is 703-706-0882.
      The email address is trademarks@iplawsolutions.com

Jeremy Osborne submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      JEREMY OSBORNE
      PRIMARY EMAIL FOR CORRESPONDENCE: jeremy.osborne@me.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jeremy Osborne
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@iplawsolutions.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gitler@iplawsolutions.com

The docket/reference number is WFG-8391.

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: /Stewart L Gitler/      Date: 01/11/2022
Signatory's Name: Stewart L Gitler
Signatory's Position: Attorney of record (VA Bar member)
Signatory's Phone Number: 703-920-1122

Signature method: Signed directly within the form

Response Signature
Signature: /Stewart L Gitler/     Date: 01/11/2022
Signatory's Name: Stewart L Gitler
Signatory's Position: Attorney of record (VA Bar member)

Signatory's Phone Number: 703-920-1122 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:    JEREMY OSBORNE
   
   
   750 WILLIAM D. FITCH PARKWAY, SUITE 540
   COLLEGE STATION, Texas 77845
Mailing Address:    Jeremy Osborne
   Stewart L Gitler/ WELSH FLAXMAN & GITLER
   Suite 210
   1451 Dolley Madison Blvd.
   McLean, Virginia 22101
        
Serial Number: 90674227
Internet Transmission Date: Tue Jan 11 11:48:36 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2022011111483669
9258-90674227-8006f6721d327b5a48b0c6e4be
44b63250e6e18035f9a3d0e096bc25f93adf97b3
-N/A-N/A-20220111113620579797