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. 87693412 CAREONE (Stylized and/or with Design, see http://uspto.report/TM/87693412/mark.png) has been amended as follows:

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

The Examining Attorney has cited CAREONE Reg. No. 3971632 against this application.  CAREONE Reg. No. 3971632 has been assigned to the Applicant pursuant to the assignment agreement recorded with the Assignment Branch at Reel/Frame No. 6292/0491 on March 15, 2018.

The Examining Attorney has cited CARE ONE Reg. No. 2952342 against this application.  Certain goods in International Class 5 have been assigned to the Applicant pursuant to the partial assignment agreement recorded with the Assignment Branch at Reel/Frame No. 6313/0171 on April 10, 2018.  S&S Brands, LLC filed a request to divide the registration on May 4, 2018, and subsequently filed a surrender of the registration with respect to all goods in International Class 3.

EVIDENCE
Evidence in the nature of Request to Divide, Surrender has been attached.
Original PDF file:
evi_241046894-20180803121238891957_._A6485914.PDF
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_241046894-20180803121238891957_._A6485915.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for body soap, liquid body soap, cosmetic removal pads, bath powder, cotton cosmetic puffs, cotton swabs for personal use, foam bath, hair conditioner, hair detangler, hair shampoo, mouthwash, nail polish remover, shaving cream or gel, skin cream, skin lotion, toothpaste, denture cleaners, cosmetic preparations for skin renewal; facial washes; foot deodorant spray; antibacterial soap; sun block preparations, aftershave preparations; denture cleaning preparations; foot powder; lip balm; make-up remover; non-medicated douches; non-medicated feminine hygiene wash; petroleum jelly for cosmetic purposes; pre-moistened cosmetic wipes; tooth whitening preparations, wipes impregnated with a skin cleanser, wipes impregnated with a cleaning preparation
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: body soap, liquid body soap, cosmetic removal pads, bath powder, cotton cosmetic puffs, cotton swabs for personal use, foam bath, hair conditioner, hair detangler, hair shampoo, mouthwash, nail polish remover, shaving cream or gel, skin cream, skin lotion, toothpaste, denture cleaners, cosmetic preparations for skin renewal; Non-medicated body soap; non-medicated liquid body soap; cosmetic removal pads; bath powder; cotton puffs for cosmetic purposes; all purpose cotton swabs for personal use; foot powder; foam bath; hair conditioner; hair detangler preparations; non-medicated douches; hair shampoo; non-medicated mouthwash; nail polish remover; shaving cream; shaving gel; skin cream; skin lotion; toothpaste; denture cleaners; cosmetic preparations for skin renewal; facial washes; foot deodorant spray; antibacterial soap; sun block preparations, aftershave preparations; denture cleaning preparations; non-medicated foot powder; lip balm; make-up remover; non-medicated douching preparations; non-medicated feminine hygiene wash; petroleum jelly for cosmetic purposes; pre-moistened cosmetic wipes; tooth whitening preparations, wipes impregnated with a skin cleanser, wipes impregnated with a cleaning preparationClass 003 for Non-medicated body soap; non-medicated liquid body soap; cosmetic removal pads; bath powder; cotton puffs for cosmetic purposes; all purpose cotton swabs for personal use; foam bath; hair conditioner; hair detangler preparations; hair shampoo; non-medicated mouthwash; nail polish remover; shaving cream; shaving gel; skin cream; skin lotion; toothpaste; denture cleaners; cosmetic preparations for skin renewal; facial washes; foot deodorant spray; antibacterial soap; sun block preparations, aftershave preparations; denture cleaning preparations; non-medicated foot powder; lip balm; make-up remover; non-medicated douching preparations; non-medicated feminine hygiene wash; petroleum jelly for cosmetic purposes; pre-moistened cosmetic wipes; tooth whitening preparations, wipes impregnated with a skin cleanser, wipes impregnated with a cleaning preparation
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Lois B. Duquette/     Date: 08/03/2018
Signatory's Name: Lois B. Duquette
Signatory's Position: Attorney of Record, Pennsylvania bar member

Signatory's Phone Number: 717-237-5458

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: 87693412
Internet Transmission Date: Fri Aug 03 15:58:41 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20180803155841909
012-87693412-61085dbd37c9d5d25a8a6694bbb
a5303636561dbd36599aff49fc569a1f98269524
-N/A-N/A-20180803121238891957