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)

---

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. 86876782 LEADER(Standard Characters, see http://uspto.report/TM/86876782/mark.png) has been amended as follows:

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

This responds to the Office Action issued on May 2, 2016. The Office has preliminarily refused registration of Application Serial No. 86/876,782 based on an alleged likelihood of confusion with Registration Nos. 1312862 and 2523932 under section 2(d) of the Trademark Act. The Office also required revisions to the identification of goods and services provided in the application. Applicant has responded to these requirements, and for the reasons set forth below, believes that no confusion between the marks is likely and requests that the refusal be withdrawn.

 

I.          Identification of Goods and Services

 

            The Office has indicated that Applicant’s identification of goods is too broad and requires clarification. Pursuant to the Office’s request, Applicant has submitted with this response as Exhibit A, a revised identification of the goods and services, and requests a corresponding amendment to the application.

 

II.        No Likelihood of Confusion Exists Between Applicant’s Mark

 

            The Office has refused to register Applicant’s LEADER mark based on a likelihood of confusion with Registration No. 1312862 for the mark LEADER & Design, owned by The Hilsinger Company, and Registration No. 2523932 for the mark LEADER, owned by Neff Motivation, Inc. The Office asserts that because the marks are identical or nearly so, confusion as to the source of the goods is likely. For the reasons set forth below, Applicant respectfully disagrees.

 

            To determine whether a likelihood of confusion exists between marks, the Office must consider factors from In re E.I. DuPont de Nemours & Co., 476 F.2d 1357 (C.C.P.A. 1973). A review of the DuPont factors demonstrates that no likelihood of confusion exists between Applicant’s mark and the cited marks due to differences between the goods, as amended, and the coexistence of analogous marks.

 

            Likelihood of confusion is determined on a case-by-case basis, and a determination of whether such a likelihood exists is aided by the consideration of several factors set out in In re E.I. DuPont DeNemours & Co., 476 F.2d 1357, 1361 (C.C.P.A. 1973); see also In re Majestic Drilling Co., Inc., 315 F.3d 1311, 1315 (Fed. Cir. 2003).  Of these factors, the differences between the goods and services identified by even visually similar marks can be sufficient to overcome any potential confusion.  See, e.g., Harvey Hubbell, Inc. v. Tokyo Seimitsu Co., 188 U.S.P.Q. 517, 520 (T.T.A.B. 1975) (holding that no likelihood of confusion existed between PULCOM and PULSECOM based on differences between the parties’ electronic goods); In re Jacques Bernier Inc., 1 U.S.P.Q.2d 1924, 1925 (T.T.A.B. 1987) (finding no likelihood of confusion between INTERNATIONAL SPORTS CLUB for clothing and SPORTS CLUB for cologne).

 

The Office noted that because Applicant’s application covers a full line of hair products, a full line of eye care products; hosiery; socks; footwear; footwear cushioning; insoles, and a full line of products for exercise and physical fitness, in various classes, the goods are related. As discussed above, Applicant has clarified its identification of goods in its application. As a result of the revisions, it is clear that its application and the cited registrations do not cover overlapping goods.

 

A.        No Likelihood of Confusion Exists Between Applicant’s Mark and Registration No. 1312862

 

With respect to Registration No. 1312862, Applicant notes that the owner failed to renew the registration by the expiration of the grace period. Accordingly, Applicant submits that this registration should be cancelled and the refusal withdrawn.

 

B.        No Likelihood of Confusion Exists Between Applicant’s Mark and Registration No. 2523932

 

             The goods identified by Registration No. 2523932 include clothing, namely shirts, and outerwear; namely, jackets. A review of the Office’s records reveals the following coexisting registrations incorporating the word LEADER for the same goods:

 

Mark	Application / Registration No.	Goods and Services (emphasis added)
US LEADER	3229636	Men’s, women’s and children’s clothing, namely t-shirts, tank tops, jackets, jerseys, shorts, pants, sweatshirts, sweat pants, headwear, footwear, sandals, sneakers, boots, shoes, socks, dresses, undergarments, ties, sweaters; swim wear, namely, bathing suits, bathing trunks, and bikinis in Class 25
ATHLEADER	4267508	Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms in Class 25
PACK LEADER	3810286	T-shirts, sweatshirts, caps in Class 25
LEADERS1354	3611060	T-shirts, caps, hooded sweat shirts and sweaters in Class 25
CHIP LEADER	4015758	Hats; Hooded sweat shirts; Shirts in Class 25

 

Copies of the registration certificates are attached as Exhibit B.

 

            The coexistence of the cited mark with the above-referenced registrations indicates that the Office found the marks and/or the goods they identify sufficiently distinguishable to avoid a likelihood of confusion. See TMEP § 1207.01(b)(ix); King Candy Co. v. Eunice King’s Kitchen, Inc., 182 U.S.P.Q. 108, 110 (C.C.P.A. 1974) (stating that the public can “easily distinguish slight differences” between marks containing commonly used terms, even when the goods are related). For this reason, the Office granted registration of the US LEADER mark for t-shirts, even though the only differences between the marks is the abbreviation US. Applicant’s mark and the cited mark identify distinct goods, and accordingly, the Office should conclude that Applicant’s mark can also coexist with the cited mark without causing consumer confusion.

 

Applicant submits that its Class 25 goods, as amended, do not overlap with those in the cited registration. Applicant’s goods are distinct from those listed in the cited registration. While the cited registration covers shirts and jackets, Applicant’s revised identification of goods covers insoles, disposable underwear, and baby layettes for clothing. As is clear from this revised identification of Applicant’s goods, Applicant does not offer shirts or jackets. Accordingly, these goods are distinct and confusion is unlikely.

 

Considering the above, Applicant submits that the parties’ respective marks and goods are sufficiently distinct and unrelated that such that a likelihood of confusion does not exist.

 

III.       All Doubts Concerning Registration Should Be Decided in Applicant’s Favor

 

The statutes and regulations governing the issuance of trademark registrations permit any parties who believe they may be damaged to oppose an application. Persons engaged in the relevant business are in the best position to determine whether registration of a particular mark poses a risk of damage. Thus, any doubt as to registrability should always be resolved in favor of Applicant. See In re Geo. Weston Ltd., 228 U.S.P.Q. 57 (T.T.A.B. 1985); In re Geo. A. Hormel & Co., 218 U.S.P.Q. 286 (T.T.A.B. 1983); In re Grand Metro. Foodserv., Inc., 30 U.S.P.Q.2d 1974 (T.T.A.B. 1994). 

 

            Based on the foregoing, Applicant submits that no consumer confusion between Applicant’s mark and the cited marks is likely, and hereby requests that the Office withdraw its refusal and approve the application for publication.

EVIDENCE
Evidence in the nature of Exhibit A Exhibit B has been attached.
Original PDF file:
evi_20447535-20161102123648426584_._Exhibit_B_Leader_marks.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_1-20447535-20161102123648426584_._Exhibit_A_Revised_ID.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 A full line of products for cleansing, sanitization, hygiene, and skin care; a full line of products for baby care; a full line of hair products; a full line of products for feminine hygiene; a full line of facial hair products; a full line of grooming products; a full line of oral care products; a full line of sun protection products; a full line of cosmetics and cosmetic accessories; a full line of household cleaning products and supplies
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: A full line of products for cleansing, sanitization, hygiene, and skin care; Cleaning agents and preparations; a full line of products for baby care; douching preparations for personal sanitary or deodorant purposes; a full line of hair products; disposable wipes impregnated with cleansing chemicals or compounds for personal hygiene or household use; a full line of products for feminine hygiene; non-medicated preparations all for the care of skin, hair and scalp; a full line of facial hair products; baby bubble bath, wipes and wipes cases; a full line of grooming products; hair care preparations; a full line of oral care products; deodorants for personal use and as fragrance; a full line of sun protection products; fragrances for personal use; a full line of cosmetics and cosmetic accessories; feminine deodorant sprays and suppositories; a full line of household cleaning products and supplies; feminine hygiene cleansing towelettes; non-medicated feminine hygiene wash; hair relaxing preparations; hair coloring and dyes; hair pomades, wax, sprays, gels, and mousse; soaps for personal use; wax and wax strips for removing body hair; hair removing cream and tweezers; hair bleaching preparations; after-shave; pre-shaving preparations; shaving preparations; nail grooming products, namely, tips, glue, lacquer and glitter; cosmetic preparations for removing gel nails, acrylic nails, and nail polish; adhesives for false eyelashes, hair and nails; false nails; artificial eyelashes; cosmetic preparations for eyelashes; cosmetic body care preparations, namely body scrubs, bath oil, salts, powder, splashes and mists; dentifrices and mouthwashes; teeth whitening strips impregnated with teeth whitening preparations; breath freshening strips, sprays, mints for use as a breath freshener; facial cleaning preparations; pore strips; make-up removing preparations; non-medicated sun care preparations; cosmetic tanning preparations; cosmetics and cosmetic preparations; bath soaps in liquid, solid or gel form; cotton puffs for cosmetic purposes; cosmetic pads; all-purpose cotton swabs for personal use; air fragrancing preparations; carpet cleaning preparations; abrasive paper; shoe polish; all-purpose cleaners; oven cleaners; cleaning preparations for cleansing drains; floor wax; polish for furniture and flooring; glass cleaners; spray cleaners; dishwashing detergents and powder; laundry detergents, bleach, fabric conditioner, soap, starch; dryer sheets; dryer balls; fabric softeners; non-medicated grooming preparations for dogs, cats, and small animals; adhesive removersClass 003 for Cleaning agents and preparations; douching preparations for personal sanitary or deodorant purposes; disposable wipes impregnated with cleansing chemicals or compounds for personal hygiene or household use; non-medicated preparations all for the care of skin, hair and scalp; baby bubble bath, wipes and wipes cases; hair care preparations; deodorants for personal use and as fragrance; fragrances for personal use; feminine deodorant sprays and suppositories; feminine hygiene cleansing towelettes; non-medicated feminine hygiene wash; hair relaxing preparations; hair coloring and dyes; hair pomades, wax, sprays, gels, and mousse; soaps for personal use; wax and wax strips for removing body hair; hair removing cream and tweezers; hair bleaching preparations; after-shave; pre-shaving preparations; shaving preparations; nail grooming products, namely, tips, glue, lacquer and glitter; cosmetic preparations for removing gel nails, acrylic nails, and nail polish; adhesives for false eyelashes, hair and nails; false nails; artificial eyelashes; cosmetic preparations for eyelashes; cosmetic body care preparations, namely body scrubs, bath oil, salts, powder, splashes and mists; dentifrices and mouthwashes; teeth whitening strips impregnated with teeth whitening preparations; breath freshening strips, sprays, mints for use as a breath freshener; facial cleaning preparations; pore strips; make-up removing preparations; non-medicated sun care preparations; cosmetic tanning preparations; cosmetics and cosmetic preparations; bath soaps in liquid, solid or gel form; cotton puffs for cosmetic purposes; cosmetic pads; all-purpose cotton swabs for personal use; air fragrancing preparations; carpet cleaning preparations; abrasive paper; shoe polish; all-purpose cleaners; oven cleaners; cleaning preparations for cleansing drains; floor wax; polish for furniture and flooring; glass cleaners; spray cleaners; dishwashing detergents and powder; laundry detergents, bleach, fabric conditioner, soap, starch; dryer sheets; dryer balls; fabric softeners; non-medicated grooming preparations for dogs, cats, and small animals; adhesive removers
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 005 for A full line of products for pain management; a full line of products for sleep management; a full line of products for the treatment of motion sickness; a full line of products for digestive health; a full line of products for hemorrhoid treatment; a full line of products for baby care; a full line of products for cold and flu treatment; a full line of products for allergy treatment; a full line of products for congestion management; a full line of products for skin care; a full line of products for the treatment of respiratory conditions; a full line of products for weight management; a full line of products for diabetes management; a full line of products for energy management; a full line of products for injury treatment; a full line of products for first aid; a full line of orthopedic products; a full line of compression products; a full line of eye care products; a full line of products for ear care; a full line of products for contraception and family planning; a full line of products for feminine hygiene; a full line of antiparasitic products; a full line of products for skin conditions; a full line of products for foot care; a full line of hair products; a full line of homeopathic products; a full line of oral care products; a full line of smoking cessation products; a full line of sun protection products; a full line of vitamins, herbs, supplements, and botanicals; a full line of physical therapy products; a full line of products for incontinence
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: A full line of products for pain management; Pharmaceutical preparations and substances for the treatment of infectious diseases, diabetes, blood disorders, digestive disorders, pain, inflammation, sepsis, alopecia, obesity and cognitive disorders; a full line of products for sleep management; analgesics; a full line of products for the treatment of motion sickness; sleep aid preparations; a full line of products for digestive health; motion sickness treatment preparations; a full line of products for hemorrhoid treatment; digestives for pharmaceutical purposes; a full line of products for baby care; hemorrhoid preparations; a full line of products for cold and flu treatment; baby diapers and foods; a full line of products for allergy treatment; disposable training pants; a full line of products for congestion management; diapers for juvenile incontinence; a full line of products for skin care; infant formula; a full line of products for the treatment of respiratory conditions; nutritional supplements for babies; a full line of products for weight management; electrolytes; a full line of products for diabetes management; medicated baby oils and powders; a full line of products for energy management; teething gels; a full line of products for injury treatment; acid controllers; a full line of products for first aid; laxatives; a full line of orthopedic products; enema preparations; a full line of compression products; suppositories; a full line of eye care products; dietary fiber and other fiber products for treating constipation and to aid digestion; a full line of products for ear care; stool softeners; a full line of products for contraception and family planning; anti-diarrheal and anti-gas medications; a full line of products for feminine hygiene; preparations for treating colds, flus, and sinus problems; a full line of antiparasitic products; vaccines against flu; a full line of products for skin conditions; non-medicated topical gel for the prevention and treatment of cold and flu; a full line of products for foot care; cough treatment preparations; a full line of hair products; throat lozenges; a full line of homeopathic products; cold sore treatment preparations; a full line of oral care products; allergy medications; a full line of smoking cessation products; nasal products, namely spray preparations, drops, inhalers, moisturizers, washes, strips; a full line of sun protection products; medicated balms for treatment of lips; a full line of vitamins, herbs, supplements, and botanicals; preparations for the treatment of asthma; a full line of physical therapy products; vaporizers and humidifiers for medical purposes; a full line of products for incontinence; nail fungus treatment preparations; medicated skin care preparations; pharmaceutical preparations and substances for the treatment of viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and immune system related diseases and disorders; test strips for measuring blood glucose levels; diabetic nutritionals and candies adapted for medical purposes; medical preparations, namely foot, hand and skin creams for diabetics; insulin; insulin injectors sold filled with insulin; insulin pens and pumps; diagnostic test strips and tablets for urine analysis; weight management supplements; anti-diabetic preparations; nutritional supplements for boosting energy; nutritional and dietary supplements; diuretics; solutions for contact lenses; pharmaceutical preparations for the treatment of eye diseases and conditions; pregnancy test kits for home use; ovulation and fertility test kits; personal lubricants; topical first aid gel; first aid kits; eye drops; eye patches for medical purposes; eye washes; ear bandages and drops; adhesive, surgical and liquid bandages; wound dressings; antiseptics; lice treatment preparations; anti-itch ointment and cream; corn, callus and bunion creams, pads and removers; odor and wetness preparations; fungal medications and preparations; wart removing preparations; hair growth stimulants; homeopathic pharmaceuticals and supplements; aromatherapy products; acne treatment preparations; hand-sanitizing preparations; air purifying preparations; contraceptive preparations; feminine hygiene pads; tampons; disinfectants for hygiene purposes; smoking cessation preparations; antiparasitics; pharmaceutical preparations and substances for the treatment of damaged skin and tissue; medicated foot powder; corn rings for the feet; athletes' foot preparations; medicated hair care preparations; medicinal hair growth preparations; homeopathic anti-inflammatory ointment; homeopathic supplements; oral analgesics; medicated sun care preparations; vitamins; mineral supplements; herbal supplements; enzyme dietary supplements; enzymes for medical purposes; amino acid and hormonal preparations; hormones; incontinence garments and pads; oxygen for medical purposes; pharmaceutical preparations for use in urology; drug testing kits comprised of medical diagnostic reagents and assays that test for the presence of drugs and alcohol; nursing pads; disinfectantsClass 005 for Pharmaceutical preparations and substances for the treatment of infectious diseases, diabetes, blood disorders, digestive disorders, pain, inflammation, sepsis, alopecia, obesity and cognitive disorders; analgesics; sleep aid preparations; motion sickness treatment preparations; digestives for pharmaceutical purposes; hemorrhoid preparations; baby diapers and foods; disposable training pants; diapers for juvenile incontinence; infant formula; nutritional supplements for babies; electrolytes; medicated baby oils and powders; teething gels; acid controllers; laxatives; enema preparations; suppositories; dietary fiber and other fiber products for treating constipation and to aid digestion; stool softeners; anti-diarrheal and anti-gas medications; preparations for treating colds, flus, and sinus problems; vaccines against flu; non-medicated topical gel for the prevention and treatment of cold and flu; cough treatment preparations; throat lozenges; cold sore treatment preparations; allergy medications; nasal products, namely spray preparations, drops, inhalers, moisturizers, washes, strips; medicated balms for treatment of lips; preparations for the treatment of asthma; vaporizers and humidifiers for medical purposes; nail fungus treatment preparations; medicated skin care preparations; pharmaceutical preparations and substances for the treatment of viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and immune system related diseases and disorders; test strips for measuring blood glucose levels; diabetic nutritionals and candies adapted for medical purposes; medical preparations, namely foot, hand and skin creams for diabetics; insulin; insulin injectors sold filled with insulin; insulin pens and pumps; diagnostic test strips and tablets for urine analysis; weight management supplements; anti-diabetic preparations; nutritional supplements for boosting energy; nutritional and dietary supplements; diuretics; solutions for contact lenses; pharmaceutical preparations for the treatment of eye diseases and conditions; pregnancy test kits for home use; ovulation and fertility test kits; personal lubricants; topical first aid gel; first aid kits; eye drops; eye patches for medical purposes; eye washes; ear bandages and drops; adhesive, surgical and liquid bandages; wound dressings; antiseptics; lice treatment preparations; anti-itch ointment and cream; corn, callus and bunion creams, pads and removers; odor and wetness preparations; fungal medications and preparations; wart removing preparations; hair growth stimulants; homeopathic pharmaceuticals and supplements; aromatherapy products; acne treatment preparations; hand-sanitizing preparations; air purifying preparations; contraceptive preparations; feminine hygiene pads; tampons; disinfectants for hygiene purposes; smoking cessation preparations; antiparasitics; pharmaceutical preparations and substances for the treatment of damaged skin and tissue; medicated foot powder; corn rings for the feet; athletes' foot preparations; medicated hair care preparations; medicinal hair growth preparations; homeopathic anti-inflammatory ointment; homeopathic supplements; oral analgesics; medicated sun care preparations; vitamins; mineral supplements; herbal supplements; enzyme dietary supplements; enzymes for medical purposes; amino acid and hormonal preparations; hormones; incontinence garments and pads; oxygen for medical purposes; pharmaceutical preparations for use in urology; drug testing kits comprised of medical diagnostic reagents and assays that test for the presence of drugs and alcohol; nursing pads; disinfectants
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 008 for A full line of facial hair products; a full line of grooming products
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: A full line of facial hair products; Electric and non-electric shavers; a full line of grooming products; shaving blades and cases; razors; electric and battery-powered hair trimmers; electric hair cutters; electric hair straightener; manicure implements, namely nail files, clippers, cuticle pushers, tweezers, nail and cuticle scissors; scissors; cosmetic accessoriesClass 008 for Electric and non-electric shavers; shaving blades and cases; razors; electric and battery-powered hair trimmers; electric hair cutters; electric hair straightener; manicure implements, namely nail files, clippers, cuticle pushers, tweezers, nail and cuticle scissors; scissors; cosmetic accessories
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 009 for A full line of eye care products
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: A full line of eye care products; Eyewear; cases for eyeglasses and sunglasses; contact lensesClass 009 for Eyewear; cases for eyeglasses and sunglasses; contact lenses
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 010 for A full line of products for digestive health; a full line of products for baby feeding; a full line of products for the treatment of respiratory conditions; a full line of products for diabetes management; a full line of products for contraception and family planning; a full line of products for feminine hygiene; a full line of products for foot care; a full line of acupressure products; a full line of oral care products; a full line of products for pressure relief, positioning, and support; a full line of products for medical nutritionals and IV therapy; a full line of hospital room products; a full line of products for mobility; a full line of products for incontinence
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: A full line of products for digestive health; Compression bandages and garments; a full line of products for baby feeding; surgical compresses; a full line of products for the treatment of respiratory conditions; therapeutic compression wraps; a full line of products for diabetes management; medical hosiery, namely knee-high, thigh-high, full, waist-high, and maternity hose; a full line of products for contraception and family planning; baby bottle nipples; a full line of products for feminine hygiene; baby bottles; a full line of products for foot care; bottle holders; a full line of acupressure products; accessories related to bottles; a full line of oral care products; baby nursers; a full line of products for pressure relief, positioning, and support; cups and dishes adapted for feeding babies; a full line of products for medical nutritionals and IV therapy; breast pumps; a full line of hospital room products; accessories related to breast pumps and nursing; a full line of products for mobility; pacifiers for babies; a full line of products for incontinence; pacifiers clips; pouches specially adapted for holding pacifiers; medical apparatus for diagnosing or treating respiratory conditions; respiratory masks for medical purposes; lancets; glucose for medical purposes; insulin injectors sold empty; syringes for medical purposes and for injections; lice combs; medical test kits for diabetes monitoring for home use; socks and footwear insoles for diabetics; elastic bandages; braces for limbs and joints for medical use; heating pads, electric, for medical purposes; therapeutic hot and cold therapy packs; abdominal belts for medical purposes; slings for medical use; contraceptive apparatus; condoms; adult sexual stimulation aids; sanitary masks for medical purposes; protective gloves for medical use; foot massage apparatus; apparatus for acne treatment; orthotics for feet; apparatus for acupressure therapy; apparatus for magnet therapy; dentures; denture cleaning preparations; denture adhesives; post-operative pressure garments; medical and surgical instruments and apparatus; arch supports for footwear; back supports for medical purposes; orthopedic supports; enteral feeding pumps; intravenous feeding bottles and tubes; medical apparatus for intravenous administration of fluids; walkers to aid in mobility; incontinence bed pads and sheets; teething rings; ear plugs; support mattresses for medical use; intravenous bags sold empty for intravenous therapy; drug delivery systems; catheters; medical pumps; bedpans; beds, specially made for medical purposes; urinals being vessels for medical purposes; patient moving aids; patient examination gowns; orthopedic splints; medical braces and supports for ankle, foot, elbow, arm, knee, writs, hand, shoulder, clavicle, thigh and calf; orthopedic footwear; joint warmers; covers for orthopedic casts; drainage tubes for medical purposes; massage apparatus; products for hydrotherapy, light and cognitive therapies; continuous passive motion machines; patient safety restraints; stretchers for patient transport; nasal aspirators; apnea monitors; nebulizers for respiration therapy; oxygen inhalators and regulators; medical instruments for percutaneous tracheostomy; tracheostomy tubes; medical specimen collection devices in the nature of bags; medical tubing; vacuum pumps for medical purposes; walking aids; incontinence bed pads; compression garmentsClass 010 for Compression bandages and garments; surgical compresses; therapeutic compression wraps; medical hosiery, namely knee-high, thigh-high, full, waist-high, and maternity hose; baby bottle nipples; baby bottles; bottle holders; accessories related to bottles; baby nursers; cups and dishes adapted for feeding babies; breast pumps; accessories related to breast pumps and nursing; pacifiers for babies; pacifiers clips; pouches specially adapted for holding pacifiers; medical apparatus for diagnosing or treating respiratory conditions; respiratory masks for medical purposes; lancets; glucose for medical purposes; insulin injectors sold empty; syringes for medical purposes and for injections; lice combs; medical test kits for diabetes monitoring for home use; socks and footwear insoles for diabetics; elastic bandages; braces for limbs and joints for medical use; heating pads, electric, for medical purposes; therapeutic hot and cold therapy packs; abdominal belts for medical purposes; slings for medical use; contraceptive apparatus; condoms; adult sexual stimulation aids; sanitary masks for medical purposes; protective gloves for medical use; foot massage apparatus; apparatus for acne treatment; orthotics for feet; apparatus for acupressure therapy; apparatus for magnet therapy; dentures; denture cleaning preparations; denture adhesives; post-operative pressure garments; medical and surgical instruments and apparatus; arch supports for footwear; back supports for medical purposes; orthopedic supports; enteral feeding pumps; intravenous feeding bottles and tubes; medical apparatus for intravenous administration of fluids; walkers to aid in mobility; incontinence bed pads and sheets; teething rings; ear plugs; support mattresses for medical use; intravenous bags sold empty for intravenous therapy; drug delivery systems; catheters; medical pumps; bedpans; beds, specially made for medical purposes; urinals being vessels for medical purposes; patient moving aids; patient examination gowns; orthopedic splints; medical braces and supports for ankle, foot, elbow, arm, knee, writs, hand, shoulder, clavicle, thigh and calf; orthopedic footwear; joint warmers; covers for orthopedic casts; drainage tubes for medical purposes; massage apparatus; products for hydrotherapy, light and cognitive therapies; continuous passive motion machines; patient safety restraints; stretchers for patient transport; nasal aspirators; apnea monitors; nebulizers for respiration therapy; oxygen inhalators and regulators; medical instruments for percutaneous tracheostomy; tracheostomy tubes; medical specimen collection devices in the nature of bags; medical tubing; vacuum pumps for medical purposes; walking aids; incontinence bed pads; compression garments
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 011 for A full line of products for bathroom safety
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: A full line of products for bathroom safety; Child safe protective covers for bathtub spouts; electric heaters for babies' bottles; baby bottle sterilizers; electric heating pads, other than for medical purposes; toilet accessories; toilet seat adaptors; bidets; hand-held showers; commodes; bathtub grab bars; air purifying apparatus and machines; air filtersClass 011 for Child safe protective covers for bathtub spouts; electric heaters for babies' bottles; baby bottle sterilizers; electric heating pads, other than for medical purposes; toilet accessories; toilet seat adaptors; bidets; hand-held showers; commodes; bathtub grab bars; air purifying apparatus and machines; air filters
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 A full line of household paper products
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: A full line of household paper products; Paper towels; toilet paper; facial tissue; stationery writing paper and envelopes; note cards; garbage bags of paper; general purpose plastic bags; plastic food storage bags for household use; paper lunch bags; towels; washcloths; baby bedding; bed spreads, sheets, pads; mattress pads and covers; pillow pads and coversClass 016 for Paper towels; toilet paper; facial tissue; stationery writing paper and envelopes; note cards; garbage bags of paper; general purpose plastic bags; plastic food storage bags for household use; paper lunch bags; towels; washcloths; baby bedding; bed spreads, sheets, pads; mattress pads and covers; pillow pads and covers
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 A full line of hospital room products
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: A full line of hospital room products; Bathtub grab bars not made of metal; mirrors; infant and baby walkers; infant and baby bouncers; mattresses and pillows; mattress cushions, toppers, foundations; head and neck supporting pillows; massage tables nursing pillows; pillows used for cradling, supporting, propping and feeding babies not for medical or therapeutic purposes; portable baby bath seats for use in bath tubsClass 020 for Bathtub grab bars not made of metal; mirrors; infant and baby walkers; infant and baby bouncers; mattresses and pillows; mattress cushions, toppers, foundations; head and neck supporting pillows; massage tables nursing pillows; pillows used for cradling, supporting, propping and feeding babies not for medical or therapeutic purposes; portable baby bath seats for use in bath tubs
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 A full line of oral care products
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: A full line of oral care products; Dental floss; dental floss picks; dental tape; oral hygiene devices, namely, interdental cleaners; toothbrushes; toothpicks; electric toothbrush replacement heads; toothbrush holders; combs; hair brushes and accessories; bath products, namely bath sponges and loofah sponges; facial cleansing sponges; applicator wands and facial sponges for applying make-up; make-up brushes; cleaning sponges; scouring and scrub sponges; dusters; dusting brushes; disposable gloves for home use; rubber household gloves; general purpose storage bins for household use; aids for grooming, bathing, dressing, eating and drinking; potties for childrenClass 021 for Dental floss; dental floss picks; dental tape; oral hygiene devices, namely, interdental cleaners; toothbrushes; toothpicks; electric toothbrush replacement heads; toothbrush holders; combs; hair brushes and accessories; bath products, namely bath sponges and loofah sponges; facial cleansing sponges; applicator wands and facial sponges for applying make-up; make-up brushes; cleaning sponges; scouring and scrub sponges; dusters; dusting brushes; disposable gloves for home use; rubber household gloves; general purpose storage bins for household use; aids for grooming, bathing, dressing, eating and drinking; potties for children
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 Hosiery; socks; footwear; footwear cushioning; insoles
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: Hosiery; Insoles; socks; disposable underwear; footwear; baby layettes for clothing; footwear cushioningClass 025 for Insoles; disposable underwear; baby layettes for clothing
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 028 for A full line of products for exercise and physical fitness; a full line of products for athletic 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: A full line of products for exercise and physical fitness; Exercise machines, platforms, tables and weights; a full line of products for athletic use; personal exercise mats; manually-operated exercise equipment for physical fitness purposes; fitness machines and equipment, namely treadmills, stair stepping machines, stationary cycles, elliptical machines; foam exercise rollers; foam massage rollers; fitness equipment, namely, straps used for yoga and other fitness activities and for carrying a yoga mat; fitness balls; athletic supporters and tape; elbow, knee, leg, shin and wrist guards for athletic use; shoulder pads for athletic use; athletic equipment, namely, striking bags and shields; protective athletic cups; sport balls; baby and children's multiple activity toys; toys; play mats; baby swingsClass 028 for Exercise machines, platforms, tables and weights; personal exercise mats; manually-operated exercise equipment for physical fitness purposes; fitness machines and equipment, namely treadmills, stair stepping machines, stationary cycles, elliptical machines; foam exercise rollers; foam massage rollers; fitness equipment, namely, straps used for yoga and other fitness activities and for carrying a yoga mat; fitness balls; athletic supporters and tape; elbow, knee, leg, shin and wrist guards for athletic use; shoulder pads for athletic use; athletic equipment, namely, striking bags and shields; protective athletic cups; sport balls; baby and children's multiple activity toys; toys; play mats; baby swings
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 Retail store services featuring general merchandise
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: Retail store services featuring general merchandise; Retail store services featuring a wide variety of consumer goods of othersClass 035 for Retail store services featuring a wide variety of consumer goods of others
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 hereby adds the following class of goods/services to the application:
New: Class 012 for Wheelchairs; wheelchair pads and cushions; arm, foot and leg rests for wheelchairs; wheelchair belts and straps; power-operated lifts specially adapted for wheelchairs; motorized mobility scooters; power chairs; metal ramps
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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /luna m. samman/     Date: 11/02/2016
Signatory's Name: Luna M. Samman
Signatory's Position: Attorney for Applicant, Associate at Arent Fox LLP, DC bar member

Signatory's Phone Number: 2028576404

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.

        
RAM Sale Number: 86876782
RAM Accounting Date: 11/03/2016
        
Serial Number: 86876782
Internet Transmission Date: Wed Nov 02 15:24:38 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.X.XX.XX-201611021524388748
80-86876782-570ebe1f473fa1c3af9e3d21defa
79f5b3c6c7643fc4f1b25da3206325accc9d11-D
A-1870-20161102150700909493