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 |
87397133 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK |
http://uspto.report/TM/87397133/mark.png |
LITERAL ELEMENT |
XOOM |
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. |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Perfumery; essential oils; cosmetics; make-up; eye make-up; eyeliners; blushers; lipsticks; hair lotions; soaps |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000318891 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
10/03/2016 |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Perfumery; essential oils; Essential oils
for personal use; cosmetics; Cosmetics and make-up; make-up; Eye make-up; Eyeliners; Blushers; Lipsticks; Hair lotions; Non-medicated soaps for hands, face and body; soaps |
FINAL DESCRIPTION |
Perfumery; Essential oils for personal use; Cosmetics and make-up; Eye make-up; Eyeliners; Blushers; Lipsticks; Hair lotions;
Non-medicated soaps for hands, face and body |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000318891 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
10/03/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (014)(no change) |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Paper; cardboard; printed publications; printed matter; computer printers (Inking ribbons for -); bookbinding materials; books;
adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores; periodical magazines; photographs; stationery and educational supplies; typewriters; Instructional
and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printing blocks |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000318891 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
10/03/2016 |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Paper; cardboard; printed publications;
printed publications, namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports,
culture, general human interest and film production; printed matter; printed matter, namely, books, manuals, and
instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; computer printers (Inking ribbons for -); Inking Ribbons for computer printers; bookbinding materials; books; books in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and
film production; adhesives for stationery or household purposes; artists' paint brushes; music
sheets; printed music sheet; music scores; printed music scores; periodical magazines; periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture,
general human interest and film production; photographs; stationery and educational supplies; stationery and educational supplies, namely, blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils,
mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use and book
marks; typewriters; Instructional and teaching material (except apparatus); printed
instructional and teaching material, except apparatus, namely, in the field of art, music and artistic performances, education, entertainment, fashion, sports, culture, general human interest and
film production; plastic materials for packaging (not included in other classes); Plastic films used as packaging for
food; Printing blocks |
FINAL DESCRIPTION |
Paper; cardboard; printed publications, namely, books, manuals, and instructional materials in the fields of art, music and artistic
performances, entertainment, fashion, sports, culture, general human interest and film production; printed matter, namely, books, manuals, and instructional materials in the fields of art, music and
artistic performances, entertainment, fashion, sports, culture, general human interest and film production; Inking Ribbons for computer printers; bookbinding materials; books in the field of art,
music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; adhesives for stationery or household purposes; artists' paint brushes; printed
music sheet; printed music scores; periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production;
photographs; stationery and educational supplies, namely, blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens,
pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use
and book marks; typewriters; printed instructional and teaching material, except apparatus, namely, in the field of art, music and artistic performances, education, entertainment, fashion, sports,
culture, general human interest and film production; Plastic films used as packaging for food; Printing blocks |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000318891 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
10/03/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (026)(current) |
INTERNATIONAL CLASS |
026 |
DESCRIPTION |
Lace; embroidery; ribbons; braid; buttons; hooks and eyes; pins; needles; artificial flowers |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000318891 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
10/03/2016 |
GOODS AND/OR SERVICES SECTION (026)(proposed) |
INTERNATIONAL CLASS |
026 |
TRACKED TEXT DESCRIPTION |
Lace; Embroidery; ribbons; braid; braids; buttons; hooks and eyes; pins; pins, namely, sewing pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins; needles; artificial flowers |
FINAL DESCRIPTION |
Lace; Embroidery; ribbons; braids; buttons; hooks and eyes; pins, namely, sewing pins, hat pins, curling pins, safety pins, bobby pins,
marking pins, ornamental novelty pins; needles; artificial flowers |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000318891 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
10/03/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant is still awaiting for foreign registration certificate. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/ Jonathan G. Morton / |
SIGNATORY'S NAME |
Jonathan G. Morton |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
212-666-5000 |
DATE SIGNED |
12/23/2017 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sat Dec 23 00:41:43 EST 2017 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.X.XX-20
171223004143273132-873971
33-510c3a5d0ac8f8985cddf4
d9bb7b422e54298b9b028851c
66159899a0d719d9-N/A-N/A-
20171223003943865490 |
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.
87397133 XOOM(Standard Characters, see http://uspto.report/TM/87397133/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Perfumery; essential oils; cosmetics; make-up; eye make-up; eyeliners; blushers; lipsticks; hair lotions; soaps
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000318891 filed 10/03/2016]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Perfumery;
essential oils;
Essential oils for personal use;
cosmetics;
Cosmetics and make-up;
make-up;
Eye make-up;
Eyeliners;
Blushers;
Lipsticks;
Hair lotions;
Non-medicated
soaps for hands, face and body;
soapsClass 003 for Perfumery; Essential oils for personal use; Cosmetics and make-up; Eye make-up; Eyeliners; Blushers;
Lipsticks; Hair lotions; Non-medicated soaps for hands, face and body
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000318891 filed 10/03/2016]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Paper; cardboard; printed publications; printed matter; computer printers (Inking ribbons for -); bookbinding materials; books; adhesives for stationery or household
purposes; artists' paint brushes; music sheets; music scores; periodical magazines; photographs; stationery and educational supplies; typewriters; Instructional and teaching material (except
apparatus); plastic materials for packaging (not included in other classes); printing blocks
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000318891 filed 10/03/2016]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Paper;
cardboard;
printed publications;
printed publications, namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest
and film production;
printed matter;
printed matter, namely, books, manuals, and instructional materials in the fields of
art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production;
computer printers (Inking ribbons for
-);
Inking Ribbons for computer printers;
bookbinding materials;
books;
books in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production;
adhesives for stationery or household purposes;
artists' paint brushes;
music sheets;
printed music sheet;
music scores;
printed music scores;
periodical
magazines;
periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film
production;
photographs;
stationery and educational supplies;
stationery and educational
supplies, namely, blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers,
markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use and book marks;
typewriters;
Instructional and teaching material (except apparatus);
printed instructional and teaching
material, except apparatus, namely, in the field of art, music and artistic performances, education, entertainment, fashion, sports, culture, general human interest and film production;
plastic materials for packaging (not included in other classes);
Plastic films used as packaging for food;
Printing blocksClass 016 for Paper; cardboard; printed publications, namely, books, manuals, and instructional materials in the fields of art, music and artistic performances,
entertainment, fashion, sports, culture, general human interest and film production; printed matter, namely, books, manuals, and instructional materials in the fields of art, music and artistic
performances, entertainment, fashion, sports, culture, general human interest and film production; Inking Ribbons for computer printers; bookbinding materials; books in the field of art, music and
artistic performances, entertainment, fashion, sports, culture, general human interest and film production; adhesives for stationery or household purposes; artists' paint brushes; printed music
sheet; printed music scores; periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production;
photographs; stationery and educational supplies, namely, blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens,
pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use
and book marks; typewriters; printed instructional and teaching material, except apparatus, namely, in the field of art, music and artistic performances, education, entertainment, fashion, sports,
culture, general human interest and film production; Plastic films used as packaging for food; Printing blocks
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000318891 filed 10/03/2016]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 026 for Lace; embroidery; ribbons; braid; buttons; hooks and eyes; pins; needles; artificial flowers
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000318891 filed 10/03/2016]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Lace;
Embroidery;
ribbons;
braid;
braids;
buttons;
hooks and eyes;
pins;
pins, namely,
sewing pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins;
needles;
artificial flowersClass 026
for Lace; Embroidery; ribbons; braids; buttons; hooks and eyes; pins, namely, sewing pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins; needles; artificial
flowers
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000318891 filed 10/03/2016]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant is still awaiting for foreign registration certificate.
SIGNATURE(S)
Response Signature
Signature: / Jonathan G. Morton / Date: 12/23/2017
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-666-5000
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 87397133
Internet Transmission Date: Sat Dec 23 00:41:43 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20171223004143273
132-87397133-510c3a5d0ac8f8985cddf4d9bb7
b422e54298b9b028851c66159899a0d719d9-N/A
-N/A-20171223003943865490