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. 86298504 INITIO PARFUMS PRIVES (Stylized and/or with Design, see http://uspto.report/TM/86298504/mark.png) 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 Cosmetics including creams, lotions, powders for face, body and hands use; body perfume, perfume water; bath and shower salts; body deodorants; body lotions; sun-block and after-sun gels and oils; make-up preparations; shampoo; perfumed gels and oils for body use; cosmetic oils; hair styling and hair-care mousse spray, hair-styling and hair-care balm spray, hair-styling and hair-care mousses and balms; hair-spray; hair dyes and hair bleaching preparations; hair-waving and perm preparations; essential oils; toothpaste; depilatories; make-up removal preparations; make-up preparations including lipsticks, mascara; beauty masks; shaving preparations
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: Cosmetics including creams, lotions, powders for face, body and hands use; Cosmetics, namely, creams, skin lotions, powders for face, body and hands use; body perfume, perfume water; bath and shower salts; body deodorants; body lotions; sun-block and after-sun gels and oils; make-up preparations; shampoo; perfumed gels and oils for body use; cosmetic oils; hair styling and hair-care mousse spray, hair-styling and hair-care balm spray, hair-styling and hair-care mousses and balms; hair-spray; hair dyes and hair bleaching preparations; hair-waving and perm preparations; essential oils; toothpaste; depilatories; make-up removal preparations; make-up preparations including lipsticks, mascara; make-up preparations, namely, lipsticks, mascara; beauty masks; shaving preparationsClass 003 for Cosmetics, namely, creams, skin lotions, powders for face, body and hands use; body perfume, perfume water; bath and shower salts; body deodorants; body lotions; sun-block and after-sun gels and oils; make-up preparations; shampoo; perfumed gels and oils for body use; cosmetic oils; hair styling and hair-care mousse spray, hair-styling and hair-care balm spray, hair-styling and hair-care mousses and balms; hair-spray; hair dyes and hair bleaching preparations; hair-waving and perm preparations; essential oils; toothpaste; depilatories; make-up removal preparations; make-up preparations, namely, lipsticks, mascara; beauty masks; shaving preparations
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:
SUZANNA M. M. MORALES
LATHROP & GAGE LLP
230 PARK AVE RM 2400
NEW YORK
New York (NY)
US
10169-2402

Proposed:
SUZANNA M. M. MORALES of LATHROP & GAGE LLP, having an address of
230 PARK AVE RM 2400 NEW YORK, New York 10169-2402
United States
smorales@lathropgage.com;xvasquez@lathropgage.com;ipdocketing@lathropgage.com
212-850-6220
212-850-6221



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


Description of mark
The mark consists of a black rectangle containing the words "INITIO PARFUMS PRIVES" in white and gray with the "O" in "INITIO" resembling a Greek letter phi; below this is a red stylized diamond with intricate filigree shape.

Translation
The English translation of PARFUMS PRIVES in the mark is PRIVATE PERFUMES. The wording INITIO has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /suzanna m m morales/     Date: 10/04/2014
Signatory's Name: Suzanna M. M. Morales
Signatory's Position: Attorney of Record, New York and New Jersey bar member

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:    SUZANNA M. M. MORALES
   LATHROP & GAGE LLP
   230 PARK AVE RM 2400
   NEW YORK, New York 10169-2402
        
Serial Number: 86298504
Internet Transmission Date: Sat Oct 04 07:47:12 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2014100407471238
1029-86298504-5004fd63944674237d6cb2a09d
e257a33b77a1cf74b4b7c03b5c973acd6b7c-N/A
-N/A-20141004073652185266