TEAS Petition to Revive Abandon Applic

PTO- 2194

Approved for use through 03/31/2024. OMB 0651-0054

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- 2194

Approved for use through 03/31/2024. OMB 0651-0054

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

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 79335545 LA PRAIRIE SWITZERLAND (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/7933554 5/large) has been amended as follows: PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional. The signatory did not receive the Office action prior to the expiration of the six-month response period, and requests the USPTO to revive the abandoned application and reissue the Office Action.RESPONSE TO OFFICE ACTION

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

Please see attached arguments and evidence.

EVIDENCE
Evidence has been attached: Argument against Section 2(d) refusal; copies of active registrations owned by applicant; Coexistence and Consent
Original PDF file:
evi_14082203122-202305150 42739224486_._sion_refusa l_-_LA_PRAIRIE_SWITZERLAN D__Stylized__-_79-335545.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_14082203122-202305150 42739224486_._LLP.pdf
Converted PDF file(s) ( 28 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28
Original PDF file:
evi_14082203122-202305150 42739224486_._-Laboratoir es_La_Prairie_SA_Coexiste nce_and_Consent_79335545.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Non-medicated toiletry preparations and cosmetic products; perfumery products, essential oils; make-up products; non-medicated soaps; non-medicated hair treatments and preparations; deodorants and antiperspirants for personal use; sun protection preparations; all the aforesaid goods of Swiss origin
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Non-medicated toiletry preparations and cosmetic products; Non-medicated toiletry preparations and cosmetics; perfumery products, essential oils; perfumery; make-up products; essential oils; make-up; non-medicated hair treatments and preparations; non-medicated soaps; non-medicated hair treatments preparations and hair care preparations for cosmetic purposes; sun protection preparations; deodorants and antiperspirants for personal use; sun protection preparations, namely, sun block preparations; all the aforesaid goods of Swiss originClass 003 for Non-medicated toiletry preparations and cosmetics; perfumery; essential oils; make-up; non-medicated soaps; non-medicated hair treatments preparations and hair care preparations for cosmetic purposes; deodorants and antiperspirants for personal use; sun protection preparations, namely, sun block preparations; all the aforesaid goods of Swiss origin

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


Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 016 for Articles of paper and cardboard included in this class; printing products (printed matter); instructional or teaching material (except apparatus); catalogs; books; cards; sheets, films and bags of plastic for wrapping and packaging; gift boxes; stationery; tissues of paper for removing make-up; all the aforesaid goods of Swiss origin
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Articles of paper and cardboard included in this class; Articles of paper and cardboard included in this class, namely, paper stationery, face towels of paper, paper hand-towels, cardboard boxes, cardboard containers; printing products (printed matter); printing products in the nature of printed matter, namely, product guides featuring cosmetics for the skin; instructional or teaching material (except apparatus); printed instructional or teaching material, except apparatus, in the field of skin care and application of cosmetics; catalogs; printed catalogs in the field of skin care products, perfumery and make-up; books; printed books in the field of cosmetics, perfumery, make-up fashion, fine dining and art; cards; printed holiday and birthday cards; printed social note cards; sheets, films and bags of plastic for wrapping and packaging; gift boxes; stationery; tissues of paper for removing make-up; all the aforesaid goods of Swiss originClass 016 for Articles of paper and cardboard included in this class, namely, paper stationery, face towels of paper, paper hand-towels, cardboard boxes, cardboard containers; printing products in the nature of printed matter, namely, product guides featuring cosmetics for the skin; printed instructional or teaching material, except apparatus, in the field of skin care and application of cosmetics; printed catalogs in the field of skin care products, perfumery and make-up; printed books in the field of cosmetics, perfumery, make-up fashion, fine dining and art; printed holiday and birthday cards; printed social note cards; sheets, films and bags of plastic for wrapping and packaging; gift boxes; stationery; tissues of paper for removing make-up; all the aforesaid goods of Swiss origin

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


Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 021 for Cosmetic utensils; toilet utensils; toilet cases; combs and sponges; brushes, except paintbrushes; make-up brushes; spoons for cosmetic use; spatulas for cosmetic use; perfume vaporizers; all the aforesaid goods of Swiss origin
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Cosmetic utensils; Cosmetic utensils, namely, cosmetic brushes, applicator sticks for applying make-up; toilet utensils; toilet cases; toilet cases, namely, fitted vanity cases; combs and sponges; combs and toiletry sponges; brushes, except paintbrushes; brushes, except paintbrushes, in the nature of hair brushes; make-up brushes; spoons for cosmetic use; cosmetic utensils in the nature of spoons for application of cosmetics; spatulas for cosmetic use; cosmetic utensils in the nature of spatulas for application of cosmetics; perfume vaporizers; perfume vaporizers sold empty; all the aforesaid goods of Swiss originClass 021 for Cosmetic utensils, namely, cosmetic brushes, applicator sticks for applying make-up; toilet utensils; toilet cases, namely, fitted vanity cases; combs and toiletry sponges; brushes, except paintbrushes, in the nature of hair brushes; make-up brushes; cosmetic utensils in the nature of spoons for application of cosmetics; cosmetic utensils in the nature of spatulas for application of cosmetics; perfume vaporizers sold empty; all the aforesaid goods of Swiss origin

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


Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 035 for Online retail store services featuring cosmetic and beauty products; retail services for goods featuring non-medicated cosmetic and toiletry products, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use, sun care preparations, cosmetic utensils, toiletry utensils, toiletry cases, combs and sponges, brushes except paintbrushes, make-up brushes, spoons for cosmetic use, spatulas for cosmetic use, perfume vaporizers, tissues of paper for removing make-up and articles of paper and cardboard; customer loyalty services for commercial, promotional and advertising purposes; demonstration of goods
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Online retail store services featuring cosmetic and beauty products; retail services for goods featuring non-medicated cosmetic and toiletry products, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use, sun care preparations, cosmetic utensils, toiletry utensils, toiletry cases, combs and sponges, brushes except paintbrushes, make-up brushes, spoons for cosmetic use, spatulas for cosmetic use, perfume vaporizers, tissues of paper for removing make-up and articles of paper and cardboard; retail store services for goods featuring non-medicated cosmetic and toiletry products, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use, sun care preparations, cosmetic utensils, toiletry utensils, toiletry cases, combs and sponges, brushes except paintbrushes, make-up brushes, spoons for cosmetic use, spatulas for cosmetic use, perfume vaporizers, tissues of paper for removing make-up and articles of paper and cardboard; customer loyalty services for commercial, promotional and advertising purposes; demonstration of goodsClass 035 for Online retail store services featuring cosmetic and beauty products; retail store services for goods featuring non-medicated cosmetic and toiletry products, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use, sun care preparations, cosmetic utensils, toiletry utensils, toiletry cases, combs and sponges, brushes except paintbrushes, make-up brushes, spoons for cosmetic use, spatulas for cosmetic use, perfume vaporizers, tissues of paper for removing make-up and articles of paper and cardboard; customer loyalty services for commercial, promotional and advertising purposes; demonstration of goods

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


Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 044 for Beauty treatment services; beauty salon services; facial treatment services; advisory services with respect to skin care and beauty care services; beauty and hygiene care services; manicure services; providing information via the Internet regarding the selection and application of cosmetic preparations and beauty products
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Beauty treatment services; beauty salon services; facial treatment services; facial treatment services, namely, chemical peels, and skin rejuvenation and anti-aging treatments; advisory services with respect to skin care and beauty care services; beauty and hygiene care services; hygienic and beauty and hygiene care services; manicure services; providing information via the Internet regarding the selection and application of cosmetic preparations and beauty productsClass 044 for Beauty treatment services; beauty salon services; facial treatment services, namely, chemical peels, and skin rejuvenation and anti-aging treatments; advisory services with respect to skin care and beauty care services; hygienic and beauty and hygiene care services; manicure services; providing information via the Internet regarding the selection and application of cosmetic preparations and beauty products

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


Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Laboratoires La Prairie SA a(n)
Proposed:Laboratoires La Prairie SA, société anonyme (sa) legally organized under the laws of Switzerland

      Email Address: XXXX

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SWITZERLAND apart from the mark as shown.


The owner's/holder's proposed attorney information: Francis J. Duffin. Other appointed attorneys are all duly-admitted attorneys with the firm of Wiggin and Dana LLP. Francis J. Duffin of Wiggin and Dana LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      One Century Tower, 265 Church Street
      New Haven, Connecticut 06510
      United States
is appointed to submit this Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action on behalf of the applicant.
The docket/reference number is 205895/US001.
      The phone number is 203.498.4347.
      The fax number is 203.782.2889.
      The email address is fduffin@wiggin.com

Francis J. Duffin 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)
      Laboratoires La Prairie SA
Correspondence Information (proposed)
      Francis J. Duffin
      PRIMARY EMAIL FOR CORRESPONDENCE: fduffin@wiggin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkdocketing@wiggin.com; pbushnell@wiggin.com

The docket/reference number is 205895/US001.

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).
FEE(S)
Fee(s) in the amount of $150 is being submitted.

SIGNATURE(S)

Signature: /fjd/      Date: 05/15/2023
Signatory's Name: Francis J. Duffin
Signatory's Position: Attorney for applicant, a member in good standing of the Bar of the state of Connecticut
Signatory's Phone Number: 203.498.4347


Response Signature
Signature: /fjd/     Date: 05/15/2023
Signatory's Name: Francis J. Duffin
Signatory's Position: Attorney of record, a member in good standing of the Bar of the state of Connecticut

Signatory's Phone Number: 203.498.4347 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:    Laboratoires La Prairie SA
   
   
   Industriestrasse 8
   CH-8604 Volketswil,
Mailing Address:    Francis J. Duffin
   Wiggin and Dana LLP
   One Century Tower, 265 Church Street
   New Haven, Connecticut 06510
        
PAYMENT: 79335545
PAYMENT DATE: 05/15/2023
        
Serial Number: 79335545
Internet Transmission Date: Mon May 15 04:43:52 ET 2023
TEAS Stamp: USPTO/POA-XXX.XX.XXX.XXX-202305150443532
89119-79335545-85078a2c36198edc0af7fc7ae
1b1a33e6483f172ff6428b5c1fce94e14a74e2f9
-DA-43525100-20230515042739224486