Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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PTO Form 1957 (Rev 9/2005)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85704288 MOLTON BROWN(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85704288) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Toilet preparations; preparations for the care of the skin, scalp, and body; preparations for toning the body; perfume; eau de Cologne; toilet water; talcum powder; gels, foam, and salts for the bath and shower; toilet soaps; body deodorants; cosmetics; creams, milks, gels, and powders for the face, body, and hands; sun care preparations; make-up preparations; aftershaves; shaving foams and creams; preparations for the hair; shampoo; hair lacquers; hair coloring and hair decolorant preparations; permanent waving and curling preparations; essential oils for personal use; dentifrices; antiperspirants; deodorants for personal use
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.

Proposed:
Tracked Text Description: Toilet preparations; Toilet preparations, namely, hand soaps; preparations for the care of the skin, scalp, and body; preparations for the care of the skin, scalp and the body, namely, non-medicated moisturizing cleansers for skin, scalp, and body; preparations for toning the body; preparations for toning the body, namely, toning lotion, for the face, body and hands; perfume; perfume, eau de cologne, toilet water; eau de Cologne; talcum powder; toilet water; gels, foam and salts for the bath and the shower; toilet soaps; gels, foam, and salts for the bath and shower; body deodorants; cosmetics; non-medicated creams, milks, lotions, gels and powders for the face, the body and the hands; sun care preparations, namely, non-medicated sun care lotions; creams, milks, gels, and powders for the face, body, and hands; makeup preparations, namely, facial foundation and facial powder; sun care preparations; aftershaves; make-up preparations; shaving foams and creams; preparations for the hair, namely, hair spray; shampoo; preparations for the hair; hair lacquers; hair colouring and hair decolourant preparations; permanent waving and curling preparations; hair coloring and hair decolorant preparations; essential oils for personal use; dentifrices; antiperspirants; deodorants for personal use.; deodorants for personal useClass 003 for Toilet preparations, namely, hand soaps; preparations for the care of the skin, scalp and the body, namely, non-medicated moisturizing cleansers for skin, scalp, and body; preparations for toning the body, namely, toning lotion, for the face, body and hands; perfume, eau de cologne, toilet water; talcum powder; gels, foam and salts for the bath and the shower; toilet soaps; body deodorants; cosmetics; non-medicated creams, milks, lotions, gels and powders for the face, the body and the hands; sun care preparations, namely, non-medicated sun care lotions; makeup preparations, namely, facial foundation and facial powder; aftershaves; shaving foams and creams; preparations for the hair, namely, hair spray; shampoo; hair lacquers; hair colouring and hair decolourant preparations; permanent waving and curling preparations; essential oils for personal use; dentifrices; antiperspirants; deodorants for personal use.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 004 for Candles; tea lights; votives; scented candles; scented tea lights; scented votives
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.

Proposed:
Tracked Text Description: Candles; Candles, tea light candles, votives; tea lights; scented candles, scented tea light candles and scented votives.; votives; scented candles; scented tea lights; scented votivesClass 004 for Candles, tea light candles, votives; scented candles, scented tea light candles and scented votives.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Glassware, porcelain, and earthenware; holders for hand wash and hand lotion; soap boxes; soap dispensers; soap holders; soap dishes; candlesticks; candle holders; tea light holders; votive holders; candelabra and candle extinguishers; perfume sprayers; perfume burners; perfume vaporizers; powder compacts; powder puffs; fitted vanity cases; containers for potpourri; make-up brushes; toothbrushes; hairbrushes; shaving brushes
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.

Proposed:
Tracked Text Description: Glassware, porcelain, and earthenware; Beverage glassware, porcelain mugs and earthenware mugs; holders for hand wash and hand lotion; soap boxes; soap boxes, soap dispensers, soap holders, soap dishes; soap dispensers; candlesticks, candle holders, tea light holders and votive holders; soap holders; candelabra and candle extinguishers; soap dishes; perfume sprayers sold empty; candlesticks; perfume burners; candle holders; perfume vaporizers sold empty; tea light holders; powder compacts; votive holders; powder puffs; fitted vanity cases; perfume sprayers; containers for pot pourri; make up brushes; perfume vaporizers; toothbrushes; hairbrushes; shaving brushes.; containers for potpourri; make-up brushes; shaving brushesClass 021 for Beverage glassware, porcelain mugs and earthenware mugs; holders for hand wash and hand lotion; soap boxes, soap dispensers, soap holders, soap dishes; candlesticks, candle holders, tea light holders and votive holders; candelabra and candle extinguishers; perfume sprayers sold empty; perfume burners; perfume vaporizers sold empty; powder compacts; powder puffs; fitted vanity cases; containers for pot pourri; make up brushes; toothbrushes; hairbrushes; shaving brushes.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for The bringing together, for the benefit of others, of a variety of candles, toilet preparations, preparations for the care of the skin, scalp, and body, preparations for toning the body, perfume, eau de Cologne, toilet water, talcum powder, gels, foam, and salts for the bath and shower, toilet soaps, body deodorants, cosmetics, creams, milks, gels, and powders for the face, body, and hands, sun care preparations, make-up preparations, aftershaves, shaving foams and creams, preparations for the hair, shampoo, hair lacquers, hair coloring and hair decolorant preparations, permanent waving and curling preparations, essential oils for personal use, dentifrices, antiperspirants, and deodorants for personal use, enabling customers to conveniently view and purchase these goods in a store, by way of mail order or through an Internet website
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.

Proposed: Class 035 for The bringing together, for the benefit of others, of a variety of candles, toilet preparations, preparations for the care of the skin, scalp, and body, preparations for toning the body, perfume, eau de Cologne, toilet water, talcum powder, gels, foam, and salts for the bath and shower, toilet soaps, body deodorants, cosmetics, creams, milks, gels, and powders for the face, body, and hands, sun care preparations, make-up preparations, aftershaves, shaving foams and creams, preparations for the hair, shampoo, hair lacquers, hair coloring and hair decolorant preparations, permanent waving and curling preparations, essential oils for personal use, dentifrices, antiperspirants, and deodorants for personal use, enabling customers to conveniently view and purchase these goods in a store, by way of mail order or through an Internet website
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Services for care of the skin, face, scalp, and hair; beauty treatment services; hairdressing services; spa information services; beauty salons; hairdressing salons; beauticians; make-up services; manicuring services; spa services; facial and body beauty treatment and therapies; provision of sauna and whirl pool bath facilities; provision of steam room services and health facilities including massage; health care; health farms; advisory, consultancy, and information services relating to all of the aforesaid
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.

Proposed:
Tracked Text Description: Services for care of the skin, face, scalp, and hair; Services for the care of the skin, face, scalp and hair, namely, beauty salon services; beauty treatment services; beauty treatment services, namely, cosmetic body care; hairdressing services; spa information services; spa information services, namely, providing information about medical, hygienic and beauty care; beauty salons; beauty salons, hairdressing salons; hairdressing salons; beauticians, make-up services, namely, services of a make-up artist; beauticians; manicuring services; make-up services; spa services, namely, providing massage, facial and body treatment services, cosmetic body care services; facial and body beauty treatments and therapies; spa services; provision of sauna and whirl pool bath facilities; facial and body beauty treatment and therapies; provision of steam room services and health facilities, namely, massage, health care, health farms; advisory, consultancy and information services relating to all the aforesaid.; provision of steam room services and health facilities including massage; health care; health farms; advisory, consultancy, and information services relating to all of the aforesaidClass 044 for Services for the care of the skin, face, scalp and hair, namely, beauty salon services; beauty treatment services, namely, cosmetic body care; hairdressing services; spa information services, namely, providing information about medical, hygienic and beauty care; beauty salons, hairdressing salons; beauticians, make-up services, namely, services of a make-up artist; manicuring services; spa services, namely, providing massage, facial and body treatment services, cosmetic body care services; facial and body beauty treatments and therapies; provision of sauna and whirl pool bath facilities; provision of steam room services and health facilities, namely, massage, health care, health farms; advisory, consultancy and information services relating to all the aforesaid.
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MARTIN P. HOFFMAN
STEIN MCEWEN LLP
1400 EYE ST NW STE 300
WASHINGTON
District of Columbia (DC)
US
20005-6500

Proposed:
MARTIN P. HOFFMAN of STEIN IP LLC, having an address of
1400 EYE ST NW STE 300 WASHINGTON, District of Columbia 20005-6500
United States
docketing@steinip.com;mhoffman@steinip.com
202-216-9505
202-216-9510
The docket/reference number is 0150.2089 .



ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


SIGNATURE(S)
Response Signature
Signature: /Martin P. Hoffman/     Date: 04/22/2013
Signatory's Name: Martin P. Hoffman
Signatory's Position: Attorney of record, VA and DC bar member

Signatory's Phone Number: 202-216-9505 x1106

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.

Mailing Address:    MARTIN P. HOFFMAN
   STEIN IP LLC
   1400 EYE ST NW STE 300
   WASHINGTON, District of Columbia 20005-6500
        
Serial Number: 85704288
Internet Transmission Date: Mon Apr 22 15:30:27 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20130422153027761
842-85704288-5004fc8509b7678ac7587e32b03
930535f1c99bd3263ac756d4c2c6a4eb4ed3c2a-
N/A-N/A-20130422150917281401