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)

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

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87458905 NEUTROGENA(Standard Characters, see http://uspto.report/TM/87458905/mark.png) has been amended as follows:

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

Please find Applicant's Remarks and Exhibits A-G attached as separate PDF files to the Evidence Section.

EVIDENCE
Evidence in the nature of Please find Applicant's Remarks and Exhibits A-G attached as separate PDF files. has been attached.
Original PDF file:
evi_20671224226-20190510171406597703_._Remarks__F3048373x96B9E_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_20671224226-20190510171406597703_._Exhibit_A__F3044467x96B9E_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_20671224226-20190510171406597703_._Exhibit_B__F3044527x96B9E_.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_20671224226-20190510171406597703_._Exhibit_C__F3044485x96B9E_.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_20671224226-20190510171406597703_._Exhibit_D__F3044510x96B9E_.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_20671224226-20190510171406597703_._Exhibit_E__F3044490x96B9E_.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_20671224226-20190510171406597703_._Exhibit_F__F3044494x96B9E_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_20671224226-20190510171406597703_._Exhibit_G__F3044478x96B9E_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable mobile applications that enable users of a cosmetic medical device to receive education and training about use of the device, to receive messages about proper use and maintenance of the device, to pay for purchases via mobile pay functionality, and that also provides entertainment in the nature of videos, social media interactions, frames and graphics, and other related services
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.

In International Class 009, the mark was first used at least as early as 09/26/2018 and first used in commerce at least as early as 09/26/2018 .

Proposed: Class 009 for Downloadable mobile applications that enable users of a cosmetic medical device to receive education and training about use of the device, to receive messages about proper use and maintenance of the device, to pay for purchases via mobile pay functionality, and that also provides entertainment in the nature of videos, social media interactions, frames and graphics, and other related services
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.

In International Class 009, the mark was first used at least as early as 09/26/2018 . and first used in commerce at least as early as 09/26/2018 .

Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Screenshots of web page and mobile application .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-20671224226-20190510171406597703_._Specimen_1__F2992908x96B9E_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-20671224226-20190510171406597703_._Specimen_2__F2992904x96B9E_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_20671224226-171406597_.__to_Office_Action_with_Substitute_Specimens__F2999073x96B9E_.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Jake D. Feldman
Signatory's Position: Assistant Secretary

Response Signature
Signature: /ctw/     Date: 05/10/2019
Signatory's Name: Charles T. J. Weigell
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: 2

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: 87458905
Internet Transmission Date: Fri May 10 17:22:24 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201905101722241
60409-87458905-6208f8494a42f326689ce247f
7935f0e81e9216638cbd215876a452d2cdcf2f5-
N/A-N/A-20190510171406597703