Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86781506 HUSH(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86781506/large) has been amended as follows:

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

Applicant has deleted class 003 from this application. As such, there should no longer be any reasonable likelihood of confusion as the diaper products are entirely different. Please reconsider the refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Baby diapers; disposable diapers; disposable diaper changing pads; medicated diaper rash cream; baby wipes; baby shampoo; body lotion and cream; body wash; soap; detergent soap; laundry detergent; liquid soap; non-medicated diaper rash cream; Online retail store services featuring baby safety products, bath and beauty products, cleaning products, and baby products, namely, baby diapers, disposable diapers, medicated diaper rash cream, baby wipes, baby shampoo, body lotion and cream, body wash, soap, detergent soap, laundry detergent, disposable diaper changing pads, liquid soap, and non-medicated diaper rash cream
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: Baby diapers; disposable diapers; disposable diaper changing pads; medicated diaper rash cream; Online retail store services featuring baby baby diapers, disposable diapers, and disposable diaper changing pads; baby wipes; baby shampoo; body lotion and cream; body wash; soap; detergent soap; laundry detergent; liquid soap; non-medicated diaper rash cream; Online retail store services featuring baby safety products, bath and beauty products, cleaning products, and baby products, namely, baby diapers, disposable diapers, medicated diaper rash cream, baby wipes, baby shampoo, body lotion and cream, body wash, soap, detergent soap, laundry detergent, disposable diaper changing pads, liquid soap, and non-medicated diaper rash creamClass 005 for Baby diapers; disposable diapers; disposable diaper changing pads; Online retail store services featuring baby baby diapers, disposable diapers, and disposable diaper changing pads
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: /rmorris/     Date: 06/02/2016
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD

Signatory's Phone Number: 3056736686

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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86781506
Internet Transmission Date: Thu Jun 02 12:43:17 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2016060212431742
1227-86781506-550243db6c3fc4218e19c8b456
f9a824aed5c605e2c8f2540768fca025e9dd24-N
/A-N/A-20160602124001339256