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. 87727890 KOBAYASHI (Stylized and/or with Design, see http://uspto.report/TM/87727890/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE

Original PDF file:
evi_20671224226-20181002124819168077_._ogo__-_Response_to_Office_Action_Argument__F2768357-4x96B9E_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Chemical agent for spraying on clothing in order to produce a cool feeling; chemical preparations for use with cooling sprays for clothing; purification preparations; preparations for preventing the tarnishing of lenses
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Chemical agent for spraying on clothing in order to produce a cool feeling; chemical preparations for use with cooling sprays for clothing; chemical preparations for producing a cool feeling for use with cooling sprays for clothing; purification preparations; purification preparations, namely, chemicals for use in purifying air; preparations for preventing the tarnishing of lenses; chemical preparations for preventing the tarnishing of lensesClass 001 for Chemical agent for spraying on clothing in order to produce a cool feeling; chemical preparations for producing a cool feeling for use with cooling sprays for clothing; purification preparations, namely, chemicals for use in purifying air; chemical preparations for preventing the tarnishing of lenses
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 003 for Breath freshening preparations; deodorants for animals; soaps and detergents; dentifrices; dentifrices for medicinal purposes; preparations for cleaning dentures; cosmetics; fragrances, not for human; deodorants, not for human; incense; polishing preparations; abrasive cloth; polishing paper; deodorizing underarm anti-sweat pads; deodorizing underarm sweat-absorbent pads; all being pads impregnated with deodorizing preparations; cleaning preparations for eyeglasses; cleaning preparations for smartphones; abrasive cloth for silver accessories; nail polishing paper; domestic cleaning agents for use for glasses, mobile phones, televisions and personal computers; cleaning preparations for eyeglass lens; cleaning preparations for watch; cleaning preparations for toilet seats; disinfecting detergent for tableware; cleaning agent for eyeglass lenses impregnated in non-woven fabric sheet; cleaning agent for watches impregnated in non-woven fabric sheet; cleaning agent for smartphones impregnated in non-woven fabric sheet; cleaning agent for toilet seats impregnated in non-woven fabric sheet; disinfectant detergent for dish impregnated in non-woven fabric sheet; adhesives for affixing false hair; adhesives for affixing false eyelashes
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Breath freshening preparations; Breath freshening preparations for personal hygiene; deodorants for animals; soaps and detergents; non-medicated soaps; detergents for household use; dentifrices; dentifrices for medicinal purposes; preparations for cleaning dentures; cosmetics; deodorants, not for human; fragrances, not for human; incense; polishing preparations; abrasive cloth; polishing paper; deodorizing underarm anti-sweat pads; deodorizing underarm anti-sweat pads being pads impregnated with deodorizing preparations, namely, deodorants for personal use; deodorizing underarm sweat-absorbent pads; cleaning preparations for eyeglasses; all being pads impregnated with deodorizing preparations; cleaning preparations for smartphones; abrasive cloth for silver accessories; nail polishing paper; domestic cleaning agents for use for glasses, mobile phones, televisions and personal computers; cleaning preparations for eyeglass lens; cleaning preparations for watch; cleaning preparations for toilet seats; disinfecting detergent for tableware; cleaning agent for eyeglass lenses impregnated in non-woven fabric sheet; cleaning agent for watches impregnated in non-woven fabric sheet; cleaning agent for smartphones impregnated in non-woven fabric sheet; cleaning agent for toilet seats impregnated in non-woven fabric sheet; disinfectant detergent for dish impregnated in non-woven fabric sheet; paper hand wash towel impregnated with detergent for cleaning; adhesives for affixing false hair; adhesives for affixing false eyelashesClass 003 for Breath freshening preparations for personal hygiene; deodorants for animals; non-medicated soaps; detergents for household use; dentifrices; dentifrices for medicinal purposes; preparations for cleaning dentures; cosmetics; fragrances, not for human; incense; polishing preparations; abrasive cloth; polishing paper; deodorizing underarm anti-sweat pads being pads impregnated with deodorizing preparations, namely, deodorants for personal use; cleaning preparations for eyeglasses; cleaning preparations for smartphones; abrasive cloth for silver accessories; nail polishing paper; domestic cleaning agents for use for glasses, mobile phones, televisions and personal computers; cleaning preparations for eyeglass lens; cleaning preparations for watch; cleaning preparations for toilet seats; disinfecting detergent for tableware; cleaning agent for eyeglass lenses impregnated in non-woven fabric sheet; cleaning agent for watches impregnated in non-woven fabric sheet; cleaning agent for smartphones impregnated in non-woven fabric sheet; cleaning agent for toilet seats impregnated in non-woven fabric sheet; disinfectant detergent for dish impregnated in non-woven fabric sheet; paper hand wash towel impregnated with detergent for cleaning
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 004 for Grease for shoes and boots; fuels; charcoals (fuel); lighting fuel; charcoal used as pilot light for incenses
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Grease for shoes and boots; Charcoals for use as fuel; fuels; lighting fuel; charcoals (fuel); charcoal used as pilot light for incensesClass 004 for Charcoals for use as fuel; lighting fuel; charcoal used as pilot light for incenses
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 005 for Aroma deodorant (excluding aromatic deodorant for use for body, animal and industrial use, and deodorant for bad breath); deodorant (excluding aromatic deodorant for use for body, animal and industrial use, and deodorant for bad breath); deodorant (excluding those for body, animals and industrial use); deodorant (excluding those for industrial use); adhesive hot medical preparations; hot poultice impregnated or coated with herbal medicinal ingredients; pharmaceutical, veterinary and sanitary preparations; eye wash; eye drops; remedies for perspiration; remedies for foot perspiration; insecticides, only for agricultural purposes; insect-repellents, only for agricultural purposes; sanitary masks; menstruation tampons; sanitary napkins; sanitary panties; urine absorption pad; pantiliner; adhesive plasters; denture stabilizer; adhesives for dentures; dietary supplements for humans; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; dietary supplements for animals; cotton swabs for medical use; disinfectant for toilet seat; disinfection agent for toilet seat impregnated in nonwoven fabric sheet; disinfectant for tableware; disinfectant for tableware impregnated in nonwoven fabric sheet
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Aroma deodorant (excluding aromatic deodorant for use for body, animal and industrial use, and deodorant for bad breath); Deodorant (excluding those for industrial use), namely, room deodorants, household deodorant, toilet deodorants, car deodorant, household deodorant for shoe closets, and deodorants for refrigerators; deodorant (excluding aromatic deodorant for use for body, animal and industrial use, and deodorant for bad breath); adhesive hot medical preparations, namely, adhesive bandages; deodorant (excluding those for body, animals and industrial use); hot poultice impregnated or coated with herbal medicinal ingredients; deodorant (excluding those for industrial use); pharmaceutical, veterinary and sanitary preparations, namely, topical analgesics, liniments, analgesic preparations for use on skin surfaces, anti-inflammatory preparations, analgesics, oral analgesics for pain relief for stiffness of shoulder and neck, medical plasters, medical dressings, medical plasters for warming parts of the body; adhesive hot medical preparations; medicated eye wash; eye drops; pharmaceutical, veterinary and sanitary preparations; medicated remedies for perspiration; eye wash; medicated remedies for foot perspiration; insecticides, only for agricultural purposes; remedies for perspiration; insect-repellents, only for agricultural purposes; remedies for foot perspiration; menstruation tampons; sanitary napkins; sanitary panties; sanitary masks; urine absorption pad in the nature of incontinence pads; panty liners; adhesive plasters for medical purposes; denture stabilizer; urine absorption pad; adhesives for dentures, namely, denture adhesives; pantiliner; dietary supplements for humans; adhesive plasters; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; adhesives for dentures; dietary supplements for animals; cotton swabs for medical use; disinfectant for toilet seat; disinfection agent for toilet seat impregnated in nonwoven fabric sheet; disinfectant for tableware; disinfectant for tableware impregnated in nonwoven fabric sheet; processed dietary fibers for use as food supplements; processed dietary fibers made of indigestible dextrin for use as food supplements; processed dietary fibers made of cereal for use as food supplements; food supplements prepared from fruits not for medical purposes; food supplements prepared from vegetables not for medical purposes; food supplements prepared from milk not for medical purposes; food supplements prepared from meat not for medical purposes; food supplements prepared from fish not for medical purposes; food supplements prepared from seafood not for medical purposes; food supplements prepared from seaweeds not for medical purposesClass 005 for Deodorant (excluding those for industrial use), namely, room deodorants, household deodorant, toilet deodorants, car deodorant, household deodorant for shoe closets, and deodorants for refrigerators; adhesive hot medical preparations, namely, adhesive bandages; hot poultice impregnated or coated with herbal medicinal ingredients; pharmaceutical, veterinary and sanitary preparations, namely, topical analgesics, liniments, analgesic preparations for use on skin surfaces, anti-inflammatory preparations, analgesics, oral analgesics for pain relief for stiffness of shoulder and neck, medical plasters, medical dressings, medical plasters for warming parts of the body; medicated eye wash; eye drops; medicated remedies for perspiration; medicated remedies for foot perspiration; insecticides, only for agricultural purposes; insect-repellents, only for agricultural purposes; menstruation tampons; sanitary napkins; sanitary panties; urine absorption pad in the nature of incontinence pads; panty liners; adhesive plasters for medical purposes; denture stabilizer; adhesives for dentures, namely, denture adhesives; dietary supplements for humans; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; dietary supplements for animals; cotton swabs for medical use; disinfectant for toilet seat; disinfection agent for toilet seat impregnated in nonwoven fabric sheet; disinfectant for tableware; disinfectant for tableware impregnated in nonwoven fabric sheet; processed dietary fibers for use as food supplements; processed dietary fibers made of indigestible dextrin for use as food supplements; processed dietary fibers made of cereal for use as food supplements; food supplements prepared from fruits not for medical purposes; food supplements prepared from vegetables not for medical purposes; food supplements prepared from milk not for medical purposes; food supplements prepared from meat not for medical purposes; food supplements prepared from fish not for medical purposes; food supplements prepared from seafood not for medical purposes; food supplements prepared from seaweeds not for medical purposes
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 010 for Heating and cooling sheets filled or coated with gel-type chemical substances for medical treatment; heating and cooling apparatus filled or coated with chemical substances for medical treatment; insulated storage cooler for affixing affected part; medical heating pad utilizing chemical reaction; thermal insulation for diseased part; ice pack using cooling gel; ice bag pillows for medical purposes; sanitary masks for medical purposes; medical ice bags; contraceptives, non-chemical; ear picks; eyewash cleaning apparatus; medical supporters (supporter bandages) with storage for handy warmers for medical purposes; support bandages
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Heating and cooling sheets filled or coated with gel-type chemical substances for medical treatment; heating and cooling apparatus filled or coated with chemical substances for medical treatment; heating and cooling apparatus filled or coated with chemical substances for medical treatment, namely, therapeutic hot therapy packs, therapeutic hot and cold therapy packs, therapeutic cold therapy packs, heating pads for medical purposes, cooling pads for medical purposes; insulated storage cooler for affixing affected part; heating and cooling adhesives for medical treatment; medical heating pad utilizing chemical reaction; thermal insulation for diseased part; heating and cooling apparatus for medical treatment; ice pack using cooling gel; medical ice pack using cooling gel; ice bag pillows for medical purposes; sanitary masks for medical purposes; sanitary masks for medical wellness purposes, germ isolation purposes and pollen isolation purposes; medical ice bags; contraceptives, non-chemical; eyewash cleaning apparatus; ear picks; medical supporters (supporter bandages) with storage for handy warmers for medical purposes; eyewash cleaning apparatus, namely, eye cups for use in irrigating the eye; medical support bandages with storage for handy warmers for medical purposes; support bandages; thermal support bandages; thermal supporters, namely, insulated compression garments and insulated compression wrapsClass 010 for Heating and cooling sheets filled or coated with gel-type chemical substances for medical treatment; heating and cooling apparatus filled or coated with chemical substances for medical treatment, namely, therapeutic hot therapy packs, therapeutic hot and cold therapy packs, therapeutic cold therapy packs, heating pads for medical purposes, cooling pads for medical purposes; heating and cooling adhesives for medical treatment; medical heating pad utilizing chemical reaction; heating and cooling apparatus for medical treatment; medical ice pack using cooling gel; ice bag pillows for medical purposes; sanitary masks for medical purposes; sanitary masks for medical wellness purposes, germ isolation purposes and pollen isolation purposes; medical ice bags; contraceptives, non-chemical; ear picks; eyewash cleaning apparatus, namely, eye cups for use in irrigating the eye; medical support bandages with storage for handy warmers for medical purposes; support bandages; thermal support bandages; thermal supporters, namely, insulated compression garments and insulated compression wraps
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 011 for Heating and cooling sheets filled or coated with gel-type chemical substances; heating and cooling apparatus filled or coated with chemical substances; heating and cooling apparatus with storages for heating or cooling packs filled with chemical substances; electrical heating pad excluding those for medical use; warming pans, non-electric; pocket warmers, non-electric; hot water bottles for warming one's feet in bed; non-electric cooking heaters, for household purposes; foot warmers, electric or non-electric
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Heating and cooling sheets filled or coated with gel-type chemical substances; Heating and cooling sheets filled or coated with gel-type chemical substances not for medical purposes; heating and cooling apparatus filled or coated with chemical substances; heating and cooling apparatus filled or coated with chemical substances not for medical purposes, namely, packs and pads; heating and cooling apparatus with storages for heating or cooling packs filled with chemical substances; heating and cooling apparatus with storages for heating or cooling packs filled with chemical substances not for medical purposes, namely, packs and pads; electrical heating pad excluding those for medical use; warming pans, non-electric; non-electric warming pans, namely, bed warmers; pocket warmers, non-electric; non-electric pocket warmers, not for medical purposes, namely, chemically-activated heating packets for warming hands, eyes, foot and body; hot water bottles for warming one's feet in bed; non-electric cooking heaters, for household purposes; electric foot warmers, namely, electric footmuffs; foot warmers, electric or non-electric; non-medical heating or cooling packs filled with chemical substances ready to react when requiredClass 011 for Heating and cooling sheets filled or coated with gel-type chemical substances not for medical purposes; heating and cooling apparatus filled or coated with chemical substances not for medical purposes, namely, packs and pads; heating and cooling apparatus with storages for heating or cooling packs filled with chemical substances not for medical purposes, namely, packs and pads; electrical heating pad excluding those for medical use; non-electric warming pans, namely, bed warmers; non-electric pocket warmers, not for medical purposes, namely, chemically-activated heating packets for warming hands, eyes, foot and body; hot water bottles for warming one's feet in bed; electric foot warmers, namely, electric footmuffs; non-medical heating or cooling packs filled with chemical substances ready to react when required
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 Hand towels of paper impregnated with alcohol or other chemicals; paper hand wash impregnated with detergent; hygienic hand towels of paper; food wrapping plastic film for household use; bags (pouches) of plastics, for packaging; containers of paper, for packaging
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Hand towels of paper impregnated with alcohol or other chemicals; Hygienic hand towels of paper; paper hand wash impregnated with detergent; bags being pouches of plastics, for packaging; containers of paper, for packaging; food wrapping plastic film for household use; bags (pouches) of plastics, for packagingClass 016 for Hygienic hand towels of paper; bags being pouches of plastics, for packaging; containers of paper, for packaging
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 020 for Cushions for household pets; industrial packaging containers of plastics; cushions; Japanese floor cushions, zebuton; pillows; mattresses
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Cushions for household pets; industrial packaging containers of plastics; cushions; Japanese floor cushions (zebuton); Japanese floor cushions, zebuton; pillows; mattressesClass 020 for Cushions for household pets; cushions; Japanese floor cushions (zebuton); pillows; mattresses
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 021 for Polishing cloths; dental floss; toothpick holders, not of precious metal; toothpicks; cleaning tools and washing utensils; toilet paper holder; soap dispensers; heating or cooling packs filled with chemical substances ready to react when required; denture brushes; denture cleaning container; electric tooth brushes; shoe shine cloths; shoe shine sponges and cloths; cloth and sheets for smartphones, tablet computers and personal computers
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Polishing cloths; dental floss; toothpick holders, not of precious metal; toothpicks; cleaning tools and washing utensils; cleaning tools and washing utensils, namely, cleaning brushes, cloths, rags, mop and pad for household use and non-electric toothbrush; toilet paper holder; soap dispensers; heating or cooling packs filled with chemical substances ready to react when required; denture brushes; denture cleaning container, namely, denture baths; denture cleaning container; electric tooth brushes; shoe shine cloths; shoe shine sponges and cloths; cleaning cloth and sheets for smartphones, tablet computers and personal computers; cloth and sheets for smartphones, tablet computers and personal computersClass 021 for Polishing cloths; dental floss; toothpick holders, not of precious metal; toothpicks; cleaning tools and washing utensils, namely, cleaning brushes, cloths, rags, mop and pad for household use and non-electric toothbrush; toilet paper holder; soap dispensers; denture brushes; denture cleaning container, namely, denture baths; electric tooth brushes; shoe shine cloths; shoe shine sponges and cloths; cleaning cloth and sheets for smartphones, tablet computers and personal computers
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 024 for Dish towels for drying; woven textile goods for personal use; woven fabrics; felt and non-woven textile fabrics; bed sheets; futon quilts; quilt covers for futon; pillowcases; blankets
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Dish towels for drying; woven textile goods for personal use; woven textile goods for personal use, namely, woven fabrics; woven fabrics; felt and non-woven textile fabrics; bed sheets; futon quilts; quilt covers for futon; pillowcases; bed blankets; blanketsClass 024 for Dish towels for drying; woven textile goods for personal use, namely, woven fabrics; woven fabrics; felt and non-woven textile fabrics; futon quilts; quilt covers for futon; pillowcases; bed blankets
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 025 for Clothing; headgear for wear; socks; bandanas; scarves; thermal supporters; gloves; mittens; insoles; anti-sweat pads (parts of clothing), sweat absorbent pads (parts of clothing); evaporative cooling cloths for use as bandanas, scarves, babushkas, handkerchiefs and shawls; eye masks
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Clothing; Clothing, namely, shirts, T-shirts, pants, jackets, coats, vests, sweatshirts, pullovers, wind resistant jackets, sweaters, parkas, footwear, muffs; headgear for wear; headgear for wear, namely, headwear, hats, caps; socks; bandanas; scarves; thermal supporters; thermal supporters, namely, socks and stockings; gloves; mittens; insoles; anti-sweat pads (parts of clothing), sweat absorbent pads (parts of clothing); anti-sweat pads and sweat absorbent pads being parts of clothing; evaporative cooling cloths for use as bandanas, scarves, babushkas, handkerchiefs and shawls; eye masks; eye masks, namely, sleep masksClass 025 for Clothing, namely, shirts, T-shirts, pants, jackets, coats, vests, sweatshirts, pullovers, wind resistant jackets, sweaters, parkas, footwear, muffs; headgear for wear, namely, headwear, hats, caps; socks; bandanas; scarves; thermal supporters, namely, socks and stockings; gloves; mittens; insoles; anti-sweat pads and sweat absorbent pads being parts of clothing; evaporative cooling cloths for use as bandanas, scarves, babushkas, handkerchiefs and shawls; eye masks, namely, sleep masks
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 Hair ornaments; human hair
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Hair ornaments; Hair ornaments in the form of combs; human hairClass 026 for Hair ornaments in the form of combs; human hair
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 029 for Processed vegetables and fruits; processed dietary fibers for use as food supplements; processed dietary fibers made of indigestible dextrin for use as food supplements; processed dietary fibers made of cereal for use as food supplements; food supplements prepared from fruits not for medical purposes; food supplements prepared from vegetables not for medical purposes; food supplements prepared from milk not for medical purposes; food supplements prepared from meat not for medical purposes; food supplements prepared from fish not for medical purposes; food supplements prepared from seafood not for medical purposes; food supplements prepared from seaweeds not for medical purposes; pre-cooked curry stew, stew and soup mixes; edible oils and fats; edible protein
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Processed vegetables and fruits; processed dietary fibers for use as food supplements; pre-cooked curry stew, stew and soup mixes; processed dietary fibers made of indigestible dextrin for use as food supplements; edible protein; processed dietary fibers made of cereal for use as food supplements; food supplements prepared from fruits not for medical purposes; food supplements prepared from vegetables not for medical purposes; food supplements prepared from milk not for medical purposes; food supplements prepared from meat not for medical purposes; food supplements prepared from fish not for medical purposes; food supplements prepared from seafood not for medical purposes; food supplements prepared from seaweeds not for medical purposes; edible oils and fatsClass 029 for Processed vegetables and fruits; pre-cooked curry stew, stew and soup mixes; edible protein
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 030 for Coffee; confectionery; throat remedy (all being non-medicated confectionery); confectionery having breath deodorizing or refreshing properties; candy; chewing gums; aromatic preparations for food; soft drink; flavorings, other than essential oils, for food; koji (fermented malted rice); yeast; husked rice; tea
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Coffee; confectionery; confectionery, namely, pastilles; throat remedy (all being non-medicated confectionery); throat remedy all being non-medicated confectionery, namely, non-medicated lozenges and syrups; confectionery having breath deodorizing or refreshing properties; confectionery having breath deodorizing or refreshing properties, namely, mints, gummy and drops for breath freshening; candy; chewing gums; aromatic preparations for food; flavourings, other than essential oils, for foods; soft drink; flavorings for beverages, other than essential oils; flavorings, other than essential oils, for food; fermented malted rice (Koji); koji (fermented malted rice); yeast; husked rice; teaClass 030 for Coffee; confectionery, namely, pastilles; throat remedy all being non-medicated confectionery, namely, non-medicated lozenges and syrups; confectionery having breath deodorizing or refreshing properties, namely, mints, gummy and drops for breath freshening; candy; chewing gums; flavourings, other than essential oils, for foods; flavorings for beverages, other than essential oils; fermented malted rice (Koji); yeast; husked rice; tea
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 032 for Carbonated drinks, namely, refreshing beverages; fruit juices; vegetable juices, namely, beverage; whey beverages
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Carbonated drinks, namely, refreshing beverages; Carbonated drinks, namely, refreshing beverages in the nature of apple juice beverages; fruit juices; vegetable juices, namely, beverage; vegetable juice beverage; whey beverages; soft drinksClass 032 for Carbonated drinks, namely, refreshing beverages in the nature of apple juice beverages; fruit juices; vegetable juice beverage; whey beverages; soft drinks
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 035 for Providing information concerning commercial sales; retail services or wholesale services for baby foods; retail services or wholesale services for woven fabrics and beddings; retail services or wholesale services for clothing; retail services or wholesale services for personal articles; retail services or wholesale services for foods and beverages; retail services or wholesale services for confectionery, bread and buns; retail services or wholesale services for rice and cereals; retail services or wholesale services for carbonated drinks, namely, refreshing beverages and non-alcoholic fruit juice beverage; retail services or wholesale services for tea, coffee and cocoa; retail services or wholesale services for processed food; retail services or wholesale services for kitchen equipment, cleaning tools and washing utensils; retail services or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail services or wholesale services for cosmetics, toiletries, dentifrices, soaps and detergents; retail services or wholesale services for fragrances, not for human, deodorants, not for human and other perfume and flavour materials; retail services or wholesale services for heating or cooling packs filled with chemical substances ready to react when required; retail services or wholesale services for pre-moistened wipe, hygienic hand towels of paper, towels of paper, table napkins of paper, hand towels of paper and handkerchiefs of paper impregnated with stain removing preparations
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Providing information concerning commercial sales; retail services or wholesale services for baby foods; retail store services or wholesale store services for baby foods; retail services or wholesale services for woven fabrics and beddings; retail store services or wholesale store services for woven fabrics and beddings; retail services or wholesale services for clothing; retail store services or wholesale store services for clothing; retail services or wholesale services for personal articles; retail store services or wholesale store services for personal articles; retail services or wholesale services for foods and beverages; retail store services or wholesale store services for foods and beverages; retail services or wholesale services for confectionery, bread and buns; retail store services or wholesale store services for confectionery, bread and buns; retail services or wholesale services for rice and cereals; retail store services or wholesale store services for rice and cereals; retail services or wholesale services for carbonated drinks, namely, refreshing beverages and non-alcoholic fruit juice beverage; retail store services or wholesale store services for carbonated drinks, namely, refreshing beverages and non-alcoholic fruit juice beverage; retail services or wholesale services for tea, coffee and cocoa; retail store services or wholesale store services for tea, coffee and cocoa; retail services or wholesale services for processed food; retail store services or wholesale store services for processed food; retail services or wholesale services for kitchen equipment, cleaning tools and washing utensils; retail store services or wholesale store services for kitchen equipment, cleaning tools and washing utensils; retail services or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail store services or wholesale store services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail services or wholesale services for cosmetics, toiletries, dentifrices, soaps and detergents; retail store services or wholesale store services for cosmetics, toiletries, dentifrices, soaps and detergents; retail services or wholesale services for fragrances, not for human, deodorants, not for human and other perfume and flavour materials; retail store services or wholesale store services for fragrances, not for human, deodorants, not for human and other perfume and flavour materials; retail services or wholesale services for heating or cooling packs filled with chemical substances ready to react when required; retail store services or wholesale store services for heating or cooling packs filled with chemical substances ready to react when required; retail services or wholesale services for pre-moistened wipe, hygienic hand towels of paper, towels of paper, table napkins of paper, hand towels of paper and handkerchiefs of paper impregnated with stain removing preparations; retail store services or wholesale store services for pre-moistened wipe, hygienic hand towels of paper, towels of paper, table napkins of paper, hand towels of paper and handkerchiefs of paper impregnated with stain removing preparationsClass 035 for Providing information concerning commercial sales; retail store services or wholesale store services for baby foods; retail store services or wholesale store services for woven fabrics and beddings; retail store services or wholesale store services for clothing; retail store services or wholesale store services for personal articles; retail store services or wholesale store services for foods and beverages; retail store services or wholesale store services for confectionery, bread and buns; retail store services or wholesale store services for rice and cereals; retail store services or wholesale store services for carbonated drinks, namely, refreshing beverages and non-alcoholic fruit juice beverage; retail store services or wholesale store services for tea, coffee and cocoa; retail store services or wholesale store services for processed food; retail store services or wholesale store services for kitchen equipment, cleaning tools and washing utensils; retail store services or wholesale store services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail store services or wholesale store services for cosmetics, toiletries, dentifrices, soaps and detergents; retail store services or wholesale store services for fragrances, not for human, deodorants, not for human and other perfume and flavour materials; retail store services or wholesale store services for heating or cooling packs filled with chemical substances ready to react when required; retail store services or wholesale store services for pre-moistened wipe, hygienic hand towels of paper, towels of paper, table napkins of paper, hand towels of paper and handkerchiefs of paper impregnated with stain removing preparations
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 039 for Packaging of goods; freight brokerage; cargo unloading; warehousing services; temporary safekeeping of personal belongings
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Packaging of goods; Packaging of goods to the order and specification of others; freight brokerage; warehousing services; cargo unloading; temporary safekeeping of personal belongingsClass 039 for Packaging of goods to the order and specification of others; warehousing services
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 040 for Treatment or processing of cloth, clothing or fur (including drying); metal treating; processing of rubber; processing of plastics; paper treating and working; food processing; processing of artificial limbs or artificial teeth, including processing of medical materials; printing
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Treatment or processing of cloth, clothing or fur (including drying); Treatment or processing of cloth, clothing or fur including drying; metal treating; processing of plastics; processing of rubber; paper treating and working; food processing; processing of artificial limbs or artificial teeth, including processing of medical materials; printingClass 040 for Treatment or processing of cloth, clothing or fur including drying; processing of plastics; paper treating and working; food processing; processing of artificial limbs or artificial teeth, including processing of medical materials; printing
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §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 042 for Testing, inspection or research of pharmaceuticals, cosmetics or foodstuffs; quality control for others; research and development of new products for others; designing
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[ Japan application number 2017-146318 filed 11/07/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Testing, inspection or research of pharmaceuticals, cosmetics or foodstuffs; quality control for others; research and development of new products for others; designing; designing, namely, designing webpages on the internetClass 042 for Testing, inspection or research of pharmaceuticals, cosmetics or foodstuffs; quality control for others; research and development of new products for others; designing, namely, designing webpages on the internet
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 [ Japan application number 2017-146318 filed 11/07/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

SIGNATURE(S)
Response Signature
Signature: /dwe/     Date: 10/02/2018
Signatory's Name: David Ehrlich
Signatory's Position: Attorney of Record, New York bar member

Signatory's Phone Number: (212) 813-5920

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: 87727890
Internet Transmission Date: Tue Oct 02 12:49:14 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201810021249141
24466-87727890-6108e42e86de2215b95176cdd
32b4b8aa4ff4d7253eb755eadb99392179289695
5-N/A-N/A-20181002124819168077