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. 86276081 BEBELLA(Standard Characters, see http://uspto.report/TM/86276081/mark.png) has been amended as follows:

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

The Applicant has amended its description of goods to nutritional supplements, namely, probiotic compositions. Applicant respectfully requests that the Examining Attorney approve the application for publication. Probiotic compositions are pills that are ingested orally to provide nutrients to the user. Shampoo, conditioner, and hair serum are products that are used externally to clean and condition hair. Electrical hair straighteners, electrical curling irons, and electrical hair curlers are hand-held products used to change hair texture. As a result, the goods, as identified, are sufficiently different in their uses to require proof that they are related. See Princeton Tectonics, Inc., 95 USPQ2d 1509 (TTAB 2010) ("We also reject the Examining Attorney's argument that applicant has failed to show that the respective goods are not related. Apart from the inherent difficulty in proving a negative, it is the Examining Attorney's burden to make a prima facie showing that the goods are related"). It is permissible to use identical marks on dissimilar goods, just as it is permissible to use different marks on identical goods. Therefore, because the applied-for goods are not related to any of the goods identified in the cited application, Applicant respectfully requests that the Examining Attorney withdraw his prior pending application refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Probiotic supplements
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: Probiotic supplements; Nutritional supplements, namely, probiotic compositionsClass 005 for Nutritional supplements, namely, probiotic compositions
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: /jrf/     Date: 11/10/2014
Signatory's Name: Joel R. Feldman
Signatory's Position: Attorney of record, GA bar member

Signatory's Phone Number: 678-553-4778

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: 86276081
Internet Transmission Date: Mon Nov 10 18:29:22 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2014111018292289
0963-86276081-5005df40bd8c9ed56b2a223d48
45bc451d542c417475f1c869dceb2fbd1531f8-N
/A-N/A-20141110173622550474