Response to Office Action

LEADER

Leader Drugstores, Inc.

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86876782
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK http://uspto.report/TM/86876782/mark.png
LITERAL ELEMENT LEADER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Applicant hereby amends the goods and services in this application. With these amendments, the remaining goods and services should not be considered related to those in the cited registrations. Applicant further claims its senior LEADER registrations, illustrating its long-standing use and registration of LEADER marks and no likelihood of consumer confusion now. Applicant respectfully requests that this application now be approved for publication in the Official Gazette.
GOODS AND/OR SERVICES SECTION (003)(current)
INTERNATIONAL CLASS 003
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (003)(proposed)
INTERNATIONAL CLASS 003
TRACKED TEXT DESCRIPTION
Cleaning agents and preparations; Douching preparations for personal sanitary or deodorant purposes; non-medicated preparations all for the care of skin, hair and scalp; disposable wipes impregnated with cleansing chemicals or compounds for personal hygiene or household use; baby bubble bath, wipes and wipes cases; hair care preparations; deodorants for personal use and as fragrance; anti-perspirants; 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; 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; denture 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; dishwashing detergents and powder; glass cleaners; laundry detergents, bleach, fabric conditioner, soap, starch; spray cleaners; dryer sheets; fabric softeners; non-medicated grooming preparations for dogs, cats, and small animals; adhesive removers; dryer balls; nasal cleaning preparations for personal sanitary purposes
FINAL DESCRIPTION
Douching preparations for personal sanitary or deodorant purposes; 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; anti-perspirants; 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; 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; denture 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; oven cleaners; cleaning preparations for cleansing drains; floor wax; polish for furniture and flooring; dishwashing detergents and powder; laundry detergents, bleach, fabric conditioner, soap, starch; dryer sheets; fabric softeners; non-medicated grooming preparations for dogs, cats, and small animals; adhesive removers; nasal cleaning preparations for personal sanitary purposes
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (005)(current)
INTERNATIONAL CLASS 005
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (005)(proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
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; dietary fiber 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; nasal spray preparations; nasal cleaning preparations for medical purposes, medicated nasal moisturizer, external nasal strip dilators; medicated balms for treatment of lips; vaporizers and humidifiers for medical purposes; preparations for the treatment of asthma; 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; medicated candy; 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; ear bandages and drops; eye patches for medical purposes; adhesive, surgical and antiseptic liquid bandages; eye washes; wound dressings; antiseptics; adhesive, surgical and liquid bandages; lice treatment preparations; anti-itch ointment and cream; corn and callus creams; bunion and corn pads; fungal medications and preparations; corn, callus and bunion creams, pads and removers; wart removing preparations; odor and wetness preparations; hair growth stimulants; acne treatment preparations; hand-sanitizing preparations; air purifying preparations; homeopathic pharmaceuticals and supplements; contraceptive preparations; aromatherapy products; feminine hygiene pads; tampons; smoking cessation preparations; antiparasitics; pharmaceutical preparations and substances for the treatment of damaged skin and tissue; medicated foot powder; corn rings for the feet; disinfectants for hygiene purposes; 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 preparations for medical purposes; hormonal preparations; hormones; incontinence garments and pads; oxygen for medical purposes; pharmaceutical preparations for use in urology; amino acid and hormonal preparations; drug testing kits comprised of medical diagnostic reagents and assays that test for the presence of drugs and alcohol; nursing pads; disinfectants; glucose for medical purposes; denture adhesives
FINAL DESCRIPTION
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 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 spray preparations; nasal cleaning preparations for medical purposes, medicated nasal moisturizer, external nasal strip dilators; medicated balms for treatment of lips; preparations for the treatment of asthma; 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; medicated candy; 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; ear bandages and drops; adhesive, surgical and antiseptic liquid bandages; wound dressings; antiseptics; lice treatment preparations; anti-itch ointment and cream; corn and callus creams; bunion and corn pads; fungal medications and preparations; wart removing preparations; hair growth stimulants; acne treatment preparations; hand-sanitizing preparations; air purifying preparations; contraceptive preparations; feminine hygiene pads; tampons; 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 preparations for medical purposes; 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; glucose for medical purposes; denture adhesives
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (008)(current)
INTERNATIONAL CLASS 008
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (008)(proposed)
INTERNATIONAL CLASS 008
TRACKED TEXT DESCRIPTION
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
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(class deleted)
GOODS AND/OR SERVICES SECTION (010)(current)
INTERNATIONAL CLASS 010
DESCRIPTION
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; pacifier 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)
GOODS AND/OR SERVICES SECTION (010)(proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Compression bandages and garments; surgical compresses; therapeutic compression wraps; medical hosiery, namely, knee-high, thigh-high, full, waist-high, and maternity hose; medical hosiery, namely knee-high, thigh-high, full, waist-high, and maternity hose; baby bottle nipples; baby bottles; bottle holders; baby nursers; accessories related to bottles; cups and dishes adapted for feeding babies; breast pumps; pacifiers for babies; pacifiers clips; accessories related to breast pumps and nursing; pouches specially adapted for holding pacifiers; medical apparatus for diagnosing or treating respiratory conditions; pacifier clips; respiratory masks for medical purposes; lancets; insulin injectors sold empty; syringes for medical purposes and for injections; lice combs; glucose for medical purposes; 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; sanitary masks for medical purposes; protective gloves for medical use; foot massage apparatus; apparatus for acne treatment; adult sexual stimulation aids; orthotics for feet; apparatus for acupressure therapy; apparatus for magnet therapy; dentures; post-operative pressure garments; medical and surgical instruments and apparatus for use in spinal, general, or orthopedic surgery; arch supports for footwear; back supports for medical purposes; orthopedic supports; denture cleaning preparations; enteral feeding pumps; denture adhesives; intravenous feeding bottles and tubes; medical apparatus for intravenous administration of fluids; medical and surgical instruments and apparatus; 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; vacuum pumps for medical purposes; bedpans; beds, specially made for medical purposes; urinals being vessels for medical purposes; patient moving device, namely, a low friction pad for sliding patients to or from a stretcher and bed; patient examination gowns; orthopedic splints; medical pumps; medical braces and supports for the ankle, foot, elbow, arm, knee, writs, hand, shoulder, clavicle, thigh and calf; orthopedic footwear; fitted covers for orthopedic casts; drainage tubes for medical purposes; patient moving aids; massage apparatus; electronic light therapy apparatus for the skin; exercise machines for therapeutic purposes; medical braces and supports for ankle, foot, elbow, arm, knee, writs, hand, shoulder, clavicle, thigh and calf; patient safety restraints; stretchers for patient transport; joint warmers; nasal aspirators; covers for orthopedic casts; medical apparatus and instruments for monitoring vital signs, blood properties, and respiratory events of patients with sleep apnea; nebulizers for respiration therapy; oxygen inhalators; products for hydrotherapy, light and cognitive therapies; oxygen monitors for medical use; continuous passive motion machines; medical instruments for percutaneous tracheostomy; tracheostomy tubes; medical specimen collection devices in the nature of bags for the collection of blood, urine, fecal matter or skin; medical tubing for drainage, transfusion or administering drugs; apnea monitors; vacuum pumps for medical purposes; walking aids; oxygen inhalators and regulators; incontinence bed pads; compression garments; vaporizers and humidifiers for medical purposes; medical specimen collection devices in the nature of bags; medical tubing
FINAL DESCRIPTION
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; baby nursers; cups and dishes adapted for feeding babies; breast pumps; 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; 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; 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; post-operative pressure garments; medical and surgical instruments and apparatus for use in spinal, general, or orthopedic surgery; 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; vacuum pumps for medical purposes; bedpans; beds, specially made for medical purposes; urinals being vessels for medical purposes; patient moving device, namely, a low friction pad for sliding patients to or from a stretcher and bed; patient examination gowns; orthopedic splints; medical braces and supports for the ankle, foot, elbow, arm, knee, writs, hand, shoulder, clavicle, thigh and calf; orthopedic footwear; fitted covers for orthopedic casts; drainage tubes for medical purposes; massage apparatus; electronic light therapy apparatus for the skin; exercise machines for therapeutic purposes; patient safety restraints; stretchers for patient transport; nasal aspirators; medical apparatus and instruments for monitoring vital signs, blood properties, and respiratory events of patients with sleep apnea; nebulizers for respiration therapy; oxygen inhalators; oxygen monitors for medical use; medical instruments for percutaneous tracheostomy; tracheostomy tubes; medical specimen collection devices in the nature of bags for the collection of blood, urine, fecal matter or skin; medical tubing for drainage, transfusion or administering drugs; vacuum pumps for medical purposes; walking aids; incontinence bed pads; compression garments; vaporizers and humidifiers for medical purposes
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (011)(current)
INTERNATIONAL CLASS 011
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (011)(proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
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 accessories, namely, handles that are affixed to toilet seats; toilet seat adaptors; toilet seat adaptors for children in the nature of a plastic device that is specially adapted to rest on a toilet set; bidets; hand-held showers; commodes; bathtub grab bars; air purifying apparatus and machines; air filters for domestic use; air filters
FINAL DESCRIPTION
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, namely, handles that are affixed to toilet seats; toilet seat adaptors for children in the nature of a plastic device that is specially adapted to rest on a toilet set; bidets; hand-held showers; commodes; air purifying apparatus and machines; air filters for domestic use
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (012)(class deleted)
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS 016
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
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
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (020)(current)
INTERNATIONAL CLASS 020
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (020)(proposed)
INTERNATIONAL CLASS 020
TRACKED TEXT DESCRIPTION
Bathtub grab bars not made of metal; Hospital room products, namely, bathtub grab bars not made of metal, mirrors, infant and baby walkers, infant and baby bouncers, mattresses, pillows, mattress cushions, toppers, foundations, nursing pillows, portable baby bath seats for use in bath tubs; 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
FINAL DESCRIPTION
Hospital room products, namely, bathtub grab bars not made of metal, mirrors, infant and baby walkers, infant and baby bouncers, mattresses, pillows, mattress cushions, toppers, foundations, nursing pillows, portable baby bath seats for use in bath tubs
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (021)(current)
INTERNATIONAL CLASS 021
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (021)(proposed)
INTERNATIONAL CLASS 021
TRACKED TEXT DESCRIPTION
Dental floss; dental floss picks; dental tape; oral hygiene devices, namely, interdental cleaners; toothbrushes; toothpicks; electric toothbrush replacement heads; toothbrush holders; combs; dryer balls that are placed in the clothes drying machine with the clothing to assist in the drying process; 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
FINAL DESCRIPTION
Dental floss; dental floss picks; dental tape; oral hygiene devices, namely, interdental cleaners; toothbrushes; toothpicks; electric toothbrush replacement heads; toothbrush holders; dryer balls that are placed in the clothes drying machine with the clothing to assist in the drying process
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(class deleted)
GOODS AND/OR SERVICES SECTION (028)(current)
INTERNATIONAL CLASS 028
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (028)(proposed)
INTERNATIONAL CLASS 028
TRACKED TEXT DESCRIPTION
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; athletic supporters and tape; fitness balls; athletic equipment, namely, striking bags and shields; protective athletic cups; elbow, knee, leg, shin and wrist guards for athletic use; sport balls; shoulder pads for athletic use; baby and children's multiple activity toys; play mats; baby swings; toys
FINAL DESCRIPTION
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; fitness equipment, namely, straps used for yoga and other fitness activities and for carrying a yoga mat; athletic supporters and tape; athletic equipment, namely, striking bags and shields; protective athletic cups; sport balls; baby and children's multiple activity toys; play mats; baby swings
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(no change)
ADDITIONAL STATEMENTS SECTION
ACTIVE PRIOR REGISTRATION(S) The applicant claims ownership of active prior U.S. Registration Number(s) 3820141 and 3527296.
CORRESPONDENCE SECTION
ORIGINAL ADDRESS N. CHRISTOPHER NORTON
ARENT FOX LLP
1717 K ST NW
WASHINGTON
District of Columbia
US
20006-5344
NEW CORRESPONDENCE SECTION
NAME N. CHRISTOPHER NORTON
FIRM NAME ARENT FOX LLP
DOCKET/REFERENCE NUMBER 032828.01574
STREET 1717 K ST NW
CITY WASHINGTON
STATE District of Columbia
ZIP/POSTAL CODE 20006-5344
COUNTRY United States
PHONE 202.857.6000
FAX 202.857.6395
EMAIL tmdocket@arentfox.com;heather.booth@arentfox.com; christopher.norton@arentfox.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /N. Christopher Norton/
SIGNATORY'S NAME N. Christopher Norton
SIGNATORY'S POSITION Attorney of Record, DC Bar Member
SIGNATORY'S PHONE NUMBER 202-857-6000
DATE SIGNED 11/07/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 07 15:48:08 EST 2018
TEAS STAMP USPTO/ROA-XXX.X.XX.XX-201
81107154808382141-8687678
2-610c127d88d56cb20fe1a6c
ecd12ba73628a22680aec35ed
8fdcf5d180d3b28766-N/A-N/
A-20181107152549062513



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 09/20/2020)

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:

Applicant hereby amends the goods and services in this application. With these amendments, the remaining goods and services should not be considered related to those in the cited registrations. Applicant further claims its senior LEADER registrations, illustrating its long-standing use and registration of LEADER marks and no likelihood of consumer confusion now. Applicant respectfully requests that this application now be approved for publication in the Official Gazette.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Eyewear; cases for eyeglasses and sunglasses; contact lenses

Applicant hereby deletes the following class of goods/services from the application.
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

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Insoles; disposable underwear; baby layettes for clothing

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 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
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: Cleaning agents and preparations; Douching preparations for personal sanitary or deodorant purposes; non-medicated preparations all for the care of skin, hair and scalp; disposable wipes impregnated with cleansing chemicals or compounds for personal hygiene or household use; baby bubble bath, wipes and wipes cases; hair care preparations; deodorants for personal use and as fragrance; anti-perspirants; 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; 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; denture 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; dishwashing detergents and powder; glass cleaners; laundry detergents, bleach, fabric conditioner, soap, starch; spray cleaners; dryer sheets; fabric softeners; non-medicated grooming preparations for dogs, cats, and small animals; adhesive removers; dryer balls; nasal cleaning preparations for personal sanitary purposesClass 003 for Douching preparations for personal sanitary or deodorant purposes; 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; anti-perspirants; 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; 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; denture 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; oven cleaners; cleaning preparations for cleansing drains; floor wax; polish for furniture and flooring; dishwashing detergents and powder; laundry detergents, bleach, fabric conditioner, soap, starch; dryer sheets; fabric softeners; non-medicated grooming preparations for dogs, cats, and small animals; adhesive removers; nasal cleaning preparations for personal sanitary purposes
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 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
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: 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; dietary fiber 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; nasal spray preparations; nasal cleaning preparations for medical purposes, medicated nasal moisturizer, external nasal strip dilators; medicated balms for treatment of lips; vaporizers and humidifiers for medical purposes; preparations for the treatment of asthma; 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; medicated candy; 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; ear bandages and drops; eye patches for medical purposes; adhesive, surgical and antiseptic liquid bandages; eye washes; wound dressings; antiseptics; adhesive, surgical and liquid bandages; lice treatment preparations; anti-itch ointment and cream; corn and callus creams; bunion and corn pads; fungal medications and preparations; corn, callus and bunion creams, pads and removers; wart removing preparations; odor and wetness preparations; hair growth stimulants; acne treatment preparations; hand-sanitizing preparations; air purifying preparations; homeopathic pharmaceuticals and supplements; contraceptive preparations; aromatherapy products; feminine hygiene pads; tampons; smoking cessation preparations; antiparasitics; pharmaceutical preparations and substances for the treatment of damaged skin and tissue; medicated foot powder; corn rings for the feet; disinfectants for hygiene purposes; 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 preparations for medical purposes; hormonal preparations; hormones; incontinence garments and pads; oxygen for medical purposes; pharmaceutical preparations for use in urology; amino acid and hormonal preparations; drug testing kits comprised of medical diagnostic reagents and assays that test for the presence of drugs and alcohol; nursing pads; disinfectants; glucose for medical purposes; denture adhesivesClass 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 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 spray preparations; nasal cleaning preparations for medical purposes, medicated nasal moisturizer, external nasal strip dilators; medicated balms for treatment of lips; preparations for the treatment of asthma; 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; medicated candy; 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; ear bandages and drops; adhesive, surgical and antiseptic liquid bandages; wound dressings; antiseptics; lice treatment preparations; anti-itch ointment and cream; corn and callus creams; bunion and corn pads; fungal medications and preparations; wart removing preparations; hair growth stimulants; acne treatment preparations; hand-sanitizing preparations; air purifying preparations; contraceptive preparations; feminine hygiene pads; tampons; 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 preparations for medical purposes; 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; glucose for medical purposes; denture adhesives
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 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
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 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 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
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 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; pacifier 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
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: Compression bandages and garments; surgical compresses; therapeutic compression wraps; medical hosiery, namely, knee-high, thigh-high, full, waist-high, and maternity hose; medical hosiery, namely knee-high, thigh-high, full, waist-high, and maternity hose; baby bottle nipples; baby bottles; bottle holders; baby nursers; accessories related to bottles; cups and dishes adapted for feeding babies; breast pumps; pacifiers for babies; pacifiers clips; accessories related to breast pumps and nursing; pouches specially adapted for holding pacifiers; medical apparatus for diagnosing or treating respiratory conditions; pacifier clips; respiratory masks for medical purposes; lancets; insulin injectors sold empty; syringes for medical purposes and for injections; lice combs; glucose for medical purposes; 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; sanitary masks for medical purposes; protective gloves for medical use; foot massage apparatus; apparatus for acne treatment; adult sexual stimulation aids; orthotics for feet; apparatus for acupressure therapy; apparatus for magnet therapy; dentures; post-operative pressure garments; medical and surgical instruments and apparatus for use in spinal, general, or orthopedic surgery; arch supports for footwear; back supports for medical purposes; orthopedic supports; denture cleaning preparations; enteral feeding pumps; denture adhesives; intravenous feeding bottles and tubes; medical apparatus for intravenous administration of fluids; medical and surgical instruments and apparatus; 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; vacuum pumps for medical purposes; bedpans; beds, specially made for medical purposes; urinals being vessels for medical purposes; patient moving device, namely, a low friction pad for sliding patients to or from a stretcher and bed; patient examination gowns; orthopedic splints; medical pumps; medical braces and supports for the ankle, foot, elbow, arm, knee, writs, hand, shoulder, clavicle, thigh and calf; orthopedic footwear; fitted covers for orthopedic casts; drainage tubes for medical purposes; patient moving aids; massage apparatus; electronic light therapy apparatus for the skin; exercise machines for therapeutic purposes; medical braces and supports for ankle, foot, elbow, arm, knee, writs, hand, shoulder, clavicle, thigh and calf; patient safety restraints; stretchers for patient transport; joint warmers; nasal aspirators; covers for orthopedic casts; medical apparatus and instruments for monitoring vital signs, blood properties, and respiratory events of patients with sleep apnea; nebulizers for respiration therapy; oxygen inhalators; products for hydrotherapy, light and cognitive therapies; oxygen monitors for medical use; continuous passive motion machines; medical instruments for percutaneous tracheostomy; tracheostomy tubes; medical specimen collection devices in the nature of bags for the collection of blood, urine, fecal matter or skin; medical tubing for drainage, transfusion or administering drugs; apnea monitors; vacuum pumps for medical purposes; walking aids; oxygen inhalators and regulators; incontinence bed pads; compression garments; vaporizers and humidifiers for medical purposes; medical specimen collection devices in the nature of bags; medical tubingClass 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; baby nursers; cups and dishes adapted for feeding babies; breast pumps; 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; 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; 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; post-operative pressure garments; medical and surgical instruments and apparatus for use in spinal, general, or orthopedic surgery; 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; vacuum pumps for medical purposes; bedpans; beds, specially made for medical purposes; urinals being vessels for medical purposes; patient moving device, namely, a low friction pad for sliding patients to or from a stretcher and bed; patient examination gowns; orthopedic splints; medical braces and supports for the ankle, foot, elbow, arm, knee, writs, hand, shoulder, clavicle, thigh and calf; orthopedic footwear; fitted covers for orthopedic casts; drainage tubes for medical purposes; massage apparatus; electronic light therapy apparatus for the skin; exercise machines for therapeutic purposes; patient safety restraints; stretchers for patient transport; nasal aspirators; medical apparatus and instruments for monitoring vital signs, blood properties, and respiratory events of patients with sleep apnea; nebulizers for respiration therapy; oxygen inhalators; oxygen monitors for medical use; medical instruments for percutaneous tracheostomy; tracheostomy tubes; medical specimen collection devices in the nature of bags for the collection of blood, urine, fecal matter or skin; medical tubing for drainage, transfusion or administering drugs; vacuum pumps for medical purposes; walking aids; incontinence bed pads; compression garments; vaporizers and humidifiers for medical purposes
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 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
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: 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 accessories, namely, handles that are affixed to toilet seats; toilet seat adaptors; toilet seat adaptors for children in the nature of a plastic device that is specially adapted to rest on a toilet set; bidets; hand-held showers; commodes; bathtub grab bars; air purifying apparatus and machines; air filters for domestic use; 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, namely, handles that are affixed to toilet seats; toilet seat adaptors for children in the nature of a plastic device that is specially adapted to rest on a toilet set; bidets; hand-held showers; commodes; air purifying apparatus and machines; air filters for domestic use
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 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
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: 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
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 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
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: Bathtub grab bars not made of metal; Hospital room products, namely, bathtub grab bars not made of metal, mirrors, infant and baby walkers, infant and baby bouncers, mattresses, pillows, mattress cushions, toppers, foundations, nursing pillows, portable baby bath seats for use in bath tubs; 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 Hospital room products, namely, bathtub grab bars not made of metal, mirrors, infant and baby walkers, infant and baby bouncers, mattresses, pillows, mattress cushions, toppers, foundations, nursing pillows, 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 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
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: Dental floss; dental floss picks; dental tape; oral hygiene devices, namely, interdental cleaners; toothbrushes; toothpicks; electric toothbrush replacement heads; toothbrush holders; combs; dryer balls that are placed in the clothes drying machine with the clothing to assist in the drying process; 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; dryer balls that are placed in the clothes drying machine with the clothing to assist in the drying process
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 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
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: 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; athletic supporters and tape; fitness balls; athletic equipment, namely, striking bags and shields; protective athletic cups; elbow, knee, leg, shin and wrist guards for athletic use; sport balls; shoulder pads for athletic use; baby and children's multiple activity toys; play mats; baby swings; toysClass 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; fitness equipment, namely, straps used for yoga and other fitness activities and for carrying a yoga mat; athletic supporters and tape; athletic equipment, namely, striking bags and shields; protective athletic cups; sport balls; baby and children's multiple activity 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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
N. CHRISTOPHER NORTON
ARENT FOX LLP
1717 K ST NW
WASHINGTON
District of Columbia
US
20006-5344

Proposed:
N. CHRISTOPHER NORTON of ARENT FOX LLP, having an address of
1717 K ST NW WASHINGTON, District of Columbia 20006-5344
United States
tmdocket@arentfox.com;heather.booth@arentfox.com; christopher.norton@arentfox.com
202.857.6000
202.857.6395
The docket/reference number is 032828.01574 .



ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3820141 and 3527296.


SIGNATURE(S)
Response Signature
Signature: /N. Christopher Norton/     Date: 11/07/2018
Signatory's Name: N. Christopher Norton
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202-857-6000

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.

Mailing Address:    N. CHRISTOPHER NORTON
   ARENT FOX LLP
   1717 K ST NW
   WASHINGTON, District of Columbia 20006-5344
        
Serial Number: 86876782
Internet Transmission Date: Wed Nov 07 15:48:08 EST 2018
TEAS Stamp: USPTO/ROA-XXX.X.XX.XX-201811071548083821
41-86876782-610c127d88d56cb20fe1a6cecd12
ba73628a22680aec35ed8fdcf5d180d3b28766-N
/A-N/A-20181107152549062513



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