Post Publication Amendment

PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 77861019 TANTRUM(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=77861019) has been amended as follows:

EXPLANATION OF FILING
Applicant wishes to make two post-publication amendments: first, Applicant wishes to delete the Class 5 goods and the Class 35 services from the application in their entireties; second, Applicant wishes to relinquish the Section 1(b) filing basis from the two remaining classes (Class 3 and Class 44) and to have the application proceed to registration based solely upon the Section 44(e) filing basis. Applicant previously has submitted a copy of its United Kingdom registration, which forms the basis for the Section 44(e) filing basis.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 005 for (Based on Intent to Use) (Based on 44(e)) Lice treatment preparations, namely, preventative shampoo against head lice

Applicant hereby deletes the following class of goods/services from the application.
Class 035 for (Based on Intent to Use) (Based on 44(e)) Establishment and operation of beauty salons and beauty product businesses

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for (Based on 44(e)) Beauty care cosmetics; haircare products and preparations, namely, shampoo, conditioners, shampoo and body wash, leave-in conditioner, detangle spray; haircare products in the form of hair sprays; hair care agents, namely, coloured hair spray; hair cleaning preparations; gels, mousses, and non-medicated balms for hairdressing and haircare; hair lacquers; preparations in aerosol form for hairdressing and haircare, namely, sprays for hair styling, glitter sprays for hair styling, detangle spray, leave-in conditioner; hair-colouring and hair-decolourising preparations; preparations for waving and setting hair; natural body care products for the hair, namely, natural shampoo, conditioner, hair lotion, hair gel, hair detangler, swimmers shampoo, leave-in conditioner; oils for use in haircare, namely, hair oils; perfumes, eaux de toilette; non-medicated toiletries; bath and shower gels; toilet soaps; deodorants for personal use; cosmetics; cosmetic preparations; beauty creams; creams, milks, lotions, and non-medicated balms and gels for the face, body and hands; skin cleansing preparations and products for non-medical use; non-medicated skin care preparations; sun-tanning and after-sun preparations, namely, milks, gels, oils, sprays, creams, lotions, balms, and after-sun lotion; make-up preparations; beauty face packs comprising cosmetics; beauty tonics for application to the face and body; essential oils
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 2499048 registered 02/13/2009 with a renewal date of __________ and an expiration date of 10/01/2018 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and 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 or services that meet the certification standards of the applicant.

Proposed: Class 003 for (Based on 44(e)) Beauty care cosmetics; haircare products and preparations, namely, shampoo, conditioners, shampoo and body wash, leave-in conditioner, detangle spray; haircare products in the form of hair sprays; hair care agents, namely, coloured hair spray; hair cleaning preparations; gels, mousses, and non-medicated balms for hairdressing and haircare; hair lacquers; preparations in aerosol form for hairdressing and haircare, namely, sprays for hair styling, glitter sprays for hair styling, detangle spray, leave-in conditioner; hair-colouring and hair-decolourising preparations; preparations for waving and setting hair; natural body care products for the hair, namely, natural shampoo, conditioner, hair lotion, hair gel, hair detangler, swimmers shampoo, leave-in conditioner; oils for use in haircare, namely, hair oils; perfumes, eaux de toilette; non-medicated toiletries; bath and shower gels; toilet soaps; deodorants for personal use; cosmetics; cosmetic preparations; beauty creams; creams, milks, lotions, and non-medicated balms and gels for the face, body and hands; skin cleansing preparations and products for non-medical use; non-medicated skin care preparations; sun-tanning and after-sun preparations, namely, milks, gels, oils, sprays, creams, lotions, balms, and after-sun lotion; make-up preparations; beauty face packs comprising cosmetics; beauty tonics for application to the face and body; essential oils
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 2499048 registered 02/13/2009 with a renewal date of __________ and an expiration date of 10/01/2018 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for (Based upon 44(e)) Haircare services, namely, hair salon services; beauty services, namely, personal beauty consultations and treatments, namely, hair cuts, nail painting; facial treatments, namely, facials and facial peels; manicures, pedicures, and make up application provided via home visits and on-line; advisory services relating to beauty treatments, namely, hair cuts, nail painting, facials and facial peels, manicures, pedicures, make up application and massages, haircare processes and techniques, and skin care; beauty salon services; beauty therapy services, namely, medicated spa services, facials and facial peels, manicures, pedicures, nail painting, make up application and massages, and in particular minimally and non-invasive cosmetic and body fitness therapy services; facial beauty treatment services, namely, providing facials and facial peels; information and advisory services relating to beauty and haircare products and their use, namely, providing information and advice concerning specific beauty treatments, namely, hair cuts, nail painting, facials and facial peels, manicures, pedicures, and make up application, haircare processes and techniques, and skin care; technical, management, consultancy, advisory and information services relating to all the aforesaid services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and 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 or services that meet the certification standards of the applicant.

Proposed: Class 044 for (Based upon 44(e)) Haircare services, namely, hair salon services; beauty services, namely, personal beauty consultations and treatments, namely, hair cuts, nail painting; facial treatments, namely, facials and facial peels; manicures, pedicures, and make up application provided via home visits and on-line; advisory services relating to beauty treatments, namely, hair cuts, nail painting, facials and facial peels, manicures, pedicures, make up application and massages, haircare processes and techniques, and skin care; beauty salon services; beauty therapy services, namely, medicated spa services, facials and facial peels, manicures, pedicures, nail painting, make up application and massages, and in particular minimally and non-invasive cosmetic and body fitness therapy services; facial beauty treatment services, namely, providing facials and facial peels; information and advisory services relating to beauty and haircare products and their use, namely, providing information and advice concerning specific beauty treatments, namely, hair cuts, nail painting, facials and facial peels, manicures, pedicures, and make up application, haircare processes and techniques, and skin care; technical, management, consultancy, advisory and information services relating to all the aforesaid services
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and 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 or services that meet the certification standards of the applicant.

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.

Signature: /Sean Ploen/     Date: 06/04/2012
Signatory's Name: Sean Ploen
Signatory's Position: Attorney of record, MN bar member

Signatory's Phone Number: 651-894-6800

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: 77861019
Internet Transmission Date: Mon Jun 04 12:38:49 EDT 2012
TEAS Stamp: USPTO/PPA-XXX.XX.XXX.XXX-201206041238493
01381-77861019-490ef52e332fbb360d9a2e921
6a8b018a9-N/A-N/A-20120604122717894356