Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77096255 has been amended as follows:

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

Response

 

            Applicant is pleased to note that the Examining Attorney has found no similar registered or pending mark that would bar registration under 15 U.S.C. § 1052(d). 

 

Conclusion and Request for Publication

 

In view of the foregoing, Applicant believes that this Response addresses all outstanding matters regarding the subject Application, and accordingly requests that said Application be approved for publication.  Action toward that end is earnestly solicited.  If the Examining Attorney believes that a telephone conference would expedite the prosecution of this Application, she is invited to telephone the undersigned at (415) 489.5165

 

Applicant believes there is no filing fee due for this Response to Office Action, however, please charge any fees that may be due or credit any overpayment to the Bare Escentuals Deposit Account No. 50-3792 (Attorney Ref. No. BE-1023-1) 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cosmetics; make-up kits comprised of powders for the face and make-up brushes; make-up kits comprised of powders for the eyes and make-up brushes; make-up kits comprised of lipsticks; make-up brushes; self-tanning creams; body wash; body lotion; shower gel; and fragrance
Original Filing Basis:
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 00/00/1996 and first used in commerce at least as early as 00/00/1996, and is now in use in such commerce.

Proposed: Class 003 for Cosmetics; make-up kits comprised of powders for the face and make-up brushes sold as a unit; make-up kits comprised of powders for the eyes and make-up brushes sold as a unit
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 00/00/1996 and first used in commerce at least as early as 00/00/1996, and is now in use in such commerce.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Kimberly G. Russell/     Date: 09/14/2007
Signatory's Name: Kimberly G. Russell
Signatory's Position: Director of Intellectual Property and Senior Counsel

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77096255
Internet Transmission Date: Fri Sep 14 13:12:56 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007091413125682
6328-77096255-400532a77cf9bdb2d29429e737
a333a46ce-N/A-N/A-20070914131120663412