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. 85646719 GOOP(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85646719) has been amended as follows:

EVIDENCE
Evidence in the nature of a pdf containing a response to comments under the heading "Section 2(d) Refusal - Likelihood of Confusion" with respect to Classes 3 and 25, raised in the Office Action dated September 17, 2012 has been attached.
Original PDF file:
evi_3811219182-163403469_.__Action_refusing_registration_due_to_Likelihood_of_Confusion.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Perfume, cologne, eau de toilette; Essential oils for personal use; Fragranced body creams, gels and lotions; Bath powders; Body cleansers and body washes; Makeup, including lipstick, lip liner, lip gloss, eyeliner, eyeshadow, foundation, bronzer, powder; Haircare products, namely, hair care creams; hair care lotions; hair care preparations; hair colorants; hair coloring preparations; hair creams; hair gel; hair gels; hair lotions; hair mousse; hair mousses; hair pomades; hair relaxers; hair relaxing preparations; hair spray; hair styling gel; hair styling preparations; hair styling spray; styling gels; Incense; Room sprays
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: Perfume, cologne, eau de toilette; Essential oils for personal use; Fragranced body creams, gels and lotions; Fragranced body creams, bath and body gels and body lotions; Bath powders; Body cleansers and body washes; Makeup, including lipstick, lip liner, lip gloss, eyeliner, eyeshadow, foundation, bronzer, powder; Makeup, namely lipstick, lip liner, lip gloss, eyeliner, eyeshadow, foundation, skin bronzer, body powder; Haircare products, namely, hair care creams; hair care lotions; hair care preparations; hair colorants; hair coloring preparations; hair creams; hair gel; hair gels; hair lotions; hair mousse; hair mousses; hair pomades; hair relaxers; hair relaxing preparations; hair spray; hair styling gel; hair styling preparations; hair styling spray; styling gels; Incense; Room sprays; scented room spraysClass 003 for Perfume, cologne, eau de toilette; Essential oils for personal use; Fragranced body creams, bath and body gels and body lotions; Bath powders; Body cleansers and body washes; Makeup, namely lipstick, lip liner, lip gloss, eyeliner, eyeshadow, foundation, skin bronzer, body powder; Haircare products, namely, hair care creams; hair care lotions; hair care preparations; hair colorants; hair coloring preparations; hair creams; hair gel; hair gels; hair lotions; hair mousse; hair mousses; hair pomades; hair relaxers; hair relaxing preparations; hair spray; hair styling gel; hair styling preparations; hair styling spray; styling gels; Incense; scented room sprays
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 007 for Electric blenders
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: Electric blenders; Electric food and drink blendersClass 007 for Electric food and drink blenders
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 016 for Journals; Newsletters and newspapers; Magazines; Books; Holiday and greeting cards; Stationery
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: Journals; Journals in the field of cooking, recipes, healthy living, fitness, relationships, fashion, style, shopping, travel, books, movies, art and interior decoration; Newsletters and newspapers; Newsletters and newspapers in the field of cooking, recipes, healthy living, fitness, relationships, fashion, style, shopping, travel, books, movies, art and interior decoration; Magazines; Magazines in the field of cooking, recipes, healthy living, fitness, relationships, fashion, style, shopping, travel, books, movies, art and interior decoration; Books; Books in the field of cooking, recipes, healthy living, fitness, relationships, fashion, style, shopping, travel, books, movies, art and interior decoration; Holiday and greeting cards; StationeryClass 016 for Journals in the field of cooking, recipes, healthy living, fitness, relationships, fashion, style, shopping, travel, books, movies, art and interior decoration; Newsletters and newspapers in the field of cooking, recipes, healthy living, fitness, relationships, fashion, style, shopping, travel, books, movies, art and interior decoration; Magazines in the field of cooking, recipes, healthy living, fitness, relationships, fashion, style, shopping, travel, books, movies, art and interior decoration; Books in the field of cooking, recipes, healthy living, fitness, relationships, fashion, style, shopping, travel, books, movies, art and interior decoration; Holiday and greeting cards; Stationery
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 020 for Picture frames; Mirrors
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: Picture frames; Mirrors; pillows; wine racksClass 020 for Picture frames; Mirrors; pillows; wine racks
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 Pillows; Cups and Mugs; Glassware; Bowls; Plates; Dinner Sets; Candle; holders; Vases; Non-electric blenders; Pots; Pans; Cutting (or knife) boards; Wine racks; Wine coolers; Wine buckets; Coasters; Serving trays
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: Pillows; Cups and Mugs; Beverage glassware; Glassware; Bowls; Plates; Dinner Sets comprised of serving platters, plates, bowls, cups, saucers; Dinner Sets; Candle holders; Candle; Vases; holders; Non-electric food blenders; Pots; Non-electric blenders; Pans; Cutting boards; coolers for wine; Cutting (or knife) boards; Wine buckets; Wine racks; Coasters not of paper and not being table linen; Wine coolers; Serving trays; CoastersClass 021 for Cups and Mugs; Beverage glassware; Bowls; Plates; Dinner Sets comprised of serving platters, plates, bowls, cups, saucers; Candle holders; Vases; Non-electric food blenders; Pots; Pans; Cutting boards; coolers for wine; Wine buckets; Coasters not of paper and not being table linen; Serving trays
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 024 for Bedding, namely, bed spreads, bed sheets, duvets, pillow cases; Blankets and throws; Towels; Dish cloths; Linens
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: Bedding, namely, bed spreads, bed sheets, duvets, pillow cases; Blankets and Throws; Towels; Dish cloths; Linens; Kitchen and bed LinensClass 024 for Bedding, namely, bed spreads, bed sheets, duvets, pillow cases; Blankets and Throws; Towels; Dish cloths; Kitchen and bed Linens
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 025 for Dresses; Skirts; Blouses; Shirts; T-Shirts; Pants; Trousers; Denim jeans; Shorts; Jackets; Coats; Shoes; Boots; Slippers; Scarves; Hats and other headwear; Knitwear; Sweaters; Gloves; Belts; Hosiery; Socks; Lingerie; Waistcoats; Pullovers; Sweatshirts; Loungewear; Fitnesswear; Bathing suits; Bath robes; Pajamas
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: Dresses; Skirts; Blouses; Shirts; T-Shirts; Pants; Trousers; Denim jeans; Shorts; Jackets; Coats; Shoes; Boots; Slippers; Scarves; Hats and other headwear; Knitwear; Knitwear , namely sweaters; Sweaters; Gloves; Belts; Hosiery; Socks; Lingerie; Waistcoats; Pullovers; Sweatshirts; Loungewear; Fitnesswear, namely sweat pants, sweat shirts, t-shirts, leggings, leg warmers, arm warmers, athletic gloves, socks, jumpsuits, sports underwear, athletic shorts, gym apparel, yoga clothing, running apparel; Fitnesswear; Bathing suits; Bath robes; PajamasClass 025 for Dresses; Skirts; Blouses; Shirts; T-Shirts; Pants; Trousers; Denim jeans; Shorts; Jackets; Coats; Shoes; Boots; Slippers; Scarves; Hats and other headwear; Knitwear , namely sweaters; Gloves; Belts; Hosiery; Socks; Lingerie; Waistcoats; Pullovers; Sweatshirts; Loungewear; Fitnesswear, namely sweat pants, sweat shirts, t-shirts, leggings, leg warmers, arm warmers, athletic gloves, socks, jumpsuits, sports underwear, athletic shorts, gym apparel, yoga clothing, running apparel; Bathing suits; Bath robes; Pajamas
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 032 for Juice; Mineral and carbonated water
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: Juice; Juice, namely fruit juice, vegetable juice and blended fruit and vegetable juice; Mineral and carbonated waterClass 032 for Juice, namely fruit juice, vegetable juice and blended fruit and vegetable juice; Mineral and carbonated water
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.

SIGNATURE(S)
Response Signature
Signature: /Lila Subramanian/     Date: 03/15/2013
Signatory's Name: Lila Subramanian
Signatory's Position: Attorney of record, NYS bar member

Signatory's Phone Number: 212 735-8763

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: 85646719
Internet Transmission Date: Fri Mar 15 16:46:03 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2013031516460379
8769-85646719-500b6fb7135b63e2dfeb5c1663
61a6cf2878c2306dc344efe443ca7e92696dc74b
-N/A-N/A-20130315163403469743