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. 87700510 LAGUNA MOON (Stylized and/or with Design, see http://uspto.report/TM/87700510/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 Aromatic essential oils; Beauty masks; Cleansing milk for toilet purposes; Cosmetics; Essential oils; Ethereal oils; Facial cleansers; Hair conditioner; Lotions for cosmetic purposes; Nail polish; Nail varnish; Non-medicated hair shampoos for softing hair
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/28/2017 and first used in commerce at least as early as 09/28/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Aromatic essential oils; Beauty masks; Cleansing milk for toilet purposes; Cosmetics; Essential oils; Ethereal oils; Facial cleansers; Hair conditioner; Lotions for cosmetic purposes; Nail polish; Nail varnish; Non-medicated hair shampoos for softing hair; non-medicated hair shampoos for softening hairClass 003 for Aromatic essential oils; Beauty masks; Cleansing milk for toilet purposes; Cosmetics; Essential oils; Ethereal oils; Facial cleansers; Hair conditioner; Lotions for cosmetic purposes; Nail polish; Nail varnish; non-medicated hair shampoos for softening hair
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/28/2017 and first used in commerce at least as early as 09/28/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003 . The specimen(s) submitted consists of Specimens show that the goods can be added to car and purchased and the product of applicant as it is currently being sold to consumers.Specimen was not created for submission with this application.Here we also attached pictures which can show our sales record and we actually use the mark in commerce. We sale our products online and the website is http://www.amazon.com/Lagunamoon-Nail-Polish-Soak-Set-8ml/dp/B01KJPG73O/ref=sr_1_20_a_it ie=UTF8&qid=1535357864&sr=8-20&keywords=lagunamoon&th=1 .
"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]. Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Cabinets being furniture for beauty; Chairs; Display boards; Folding beds; Frames for paintings; Mattresses; Nesting boxes for animals; Nesting boxes for household pets; Pet cushions; Portable beds for pets; Sleeping bag pads; Toy boxes; Moldings for picture frames
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/28/2017 and first used in commerce at least as early as 09/28/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Cabinets being furniture for beauty; cabinets being furniture for beauty salons; Chairs; Display boards; Folding beds; Frames for paintings; Mattresses; Nesting boxes for animals; Nesting boxes for household pets; Pet cushions; Portable beds for pets; Sleeping bag pads; Toy boxes; Moldings for picture framesClass 020 for cabinets being furniture for beauty salons; Chairs; Display boards; Folding beds; Frames for paintings; Mattresses; Nesting boxes for animals; Nesting boxes for household pets; Pet cushions; Portable beds for pets; Sleeping bag pads; Toy boxes; Moldings for picture frames
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/28/2017 and first used in commerce at least as early as 09/28/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 020 . The specimen(s) submitted consists of Specimens show that the goods can be added to car and purchased and the product of applicant as it is currently being sold to consumers.Specimen was not created for submission with this application.We sale our products online and the website which can show we actually use the mark in commerce is http://lmbeautystore.com/products/lagunamoon-massage-facial-bed-adjustable-table-chair-beauty-spa-salon-tattoo-beauty-white .
"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]. Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for All purpose portable household containers; Appliances for removing make-up, electric; Appliances for removing make-up, non-electric; Battery-powered applicators for applying cosmetics to eyelashes; Coffee services in the nature of tableware; Combs; Containers for household use; Cosmetic brushes; Crumb-sweepers; Electric make-up removing appliances; Eyelash combs; Fitted vanity cases; Glass carafes; Glass jars; Kitchen utensil crocks; Kitchen utensils, namely, pouring and straining spouts; Kitchen utensils, namely, splatter screens; Lockable non-metal household containers for food; Non-electric carpet sweepers; Dishers; Microdermabrasion sponges for cosmetic use; Serving scoops
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/28/2017 and first used in commerce at least as early as 09/28/2017 , and is now in use in such commerce.

Proposed: Class 021 for All purpose portable household containers; Appliances for removing make-up, electric; Appliances for removing make-up, non-electric; Battery-powered applicators for applying cosmetics to eyelashes; Coffee services in the nature of tableware; Combs; Containers for household use; Cosmetic brushes; Crumb-sweepers; Electric make-up removing appliances; Eyelash combs; Fitted vanity cases; Glass carafes; Glass jars; Kitchen utensil crocks; Kitchen utensils, namely, pouring and straining spouts; Kitchen utensils, namely, splatter screens; Lockable non-metal household containers for food; Non-electric carpet sweepers; Dishers; Microdermabrasion sponges for cosmetic use; Serving scoops
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/28/2017 and first used in commerce at least as early as 09/28/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021 . The specimen(s) submitted consists of Specimens show that the goods can be added to car and purchased and the product of applicant as it is currently being sold to consumers.Specimen was not created for submission with this application.We sale our products online and the website which can show we actually use the mark in commerce is http://lmbeautystore.com/products/lagunamoon-makeup-eyebrow-brush-eyelash-comb-portable-eye-powder-foundation-brush-beauty-cosmetic-tool-for-professional-and-travel .
"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]. Specimen File1
Specimen File2
Specimen File3

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Zhou Yingru/      Date: 08/27/2018
Signatory's Name: /Zhou Yingru/
Signatory's Position: Principal
Signatory's Phone Number: +86-020-81534108


Response Signature
Signature: /Zhou Yingru/     Date: 08/27/2018
Signatory's Name: /Zhou Yingru/
Signatory's Position: Principal

Signatory's Phone Number: +86-020-81534108

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87700510
Internet Transmission Date: Mon Aug 27 04:33:25 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201808270433253674
20-87700510-610364687194a5b60c02aef49a4a
c84e6ba555239aef862dded635a6fe274c82e-N/
A-N/A-20180827041350511889