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. 87760788 O NATURALS (Stylized and/or with Design, see http://uspto.report/TM/87760788/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Age retardant lotion; Anti-aging creams; Anti-aging moisturizer; Anti-aging moisturizers used as cosmetics; Essential oils; Essential oils for aromatherapy use; Essential oils for personal use; Essential oils for use in aromatherapy; Essential oils for use in the manufacture of scented products; Lotions for cosmetic purposes; Lotions for face and body care; Anti-aging cream; Anti-wrinkle cream; Anti-wrinkle creams; Aromatic essential oils; Bar soap; Bath gel; Bath gels; Bath soaps; Bath soaps in liquid, solid or gel form; Bath and shower gels and salts not for medical purposes; Beauty creams; Beauty creams for body care; Beauty lotions; Beauty soap; Body lotion; Body lotions; Cosmetic creams; Cosmetic creams for skin care; Cosmetic nourishing creams; Eye cream; Eye lotions; Face creams; Face creams for cosmetic use; Face and body creams; Face and body lotions; Face and body beauty creams; Facial cream; Facial lotion; Hand creams; Moisturizing creams; Moisturizing body lotions; Natural essential oils; Natural soap bars; Naturally handmade non-medicated soap bars; Night cream; Non-medicated soaps; Non-medicated bar soap; Non-medicated bath soap; Non-medicated bath soaps in liquid, solid or gel form; Non-medicated beauty soap; Non-medicated cosmetic soap; Non-medicated skin creams; Non-medicated skin creams with essential oils for use in aromatherapy; Non-medicated skin care creams and lotions; Non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Organic soap bars; Perfumed soap; Perfumed soaps; Scented body lotions and creams; Shower creams; Shower gel; Shower gels; Shower and bath gel; Skin cream; Skin creams; Skin creams in liquid and in solid form; Skin creams in liquid and solid; Skin creams in liquid and solid form; Skin lotion; Skin lotions; Skin and body topical lotions, creams and oils for cosmetic use; Tea tree oil
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/02/2017 and first used in commerce at least as early as 10/26/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Age retardant lotion; Anti-aging creams; Anti-aging moisturizer; Anti-aging moisturizers used as cosmetics; Essential oils; Essential oils for aromatherapy use; Essential oils for personal use; Essential oils for use in aromatherapy; Essential oils for use in the manufacture of scented products; Lotions for cosmetic purposes; Lotions for face and body care; Anti-aging cream; Anti-wrinkle cream; Anti-wrinkle creams; Aromatic essential oils; Bar soap; Bath gel; Bath gels; Bath soaps; Bath soaps in liquid, solid or gel form; Bath and shower gels and salts not for medical purposes; Beauty creams; Beauty creams for body care; Beauty lotions; Beauty soap; Body lotion; Body lotions; Cosmetic creams; Cosmetic creams for skin care; Cosmetic nourishing creams; Eye cream; Eye lotions; Face creams; Face creams for cosmetic use; Face and body creams; Face and body lotions; Face and body beauty creams; Facial cream; Facial lotion; Hand creams; Moisturizing creams; Moisturizing body lotions; Natural essential oils; Natural soap bars; Naturally handmade non-medicated soap bars; Night cream; Non-medicated soaps; Non-medicated bar soap; Non-medicated bath soap; Non-medicated bath soaps in liquid, solid or gel form; Non-medicated beauty soap; Non-medicated cosmetic soap; Non-medicated skin creams; Non-medicated skin creams with essential oils for use in aromatherapy; Non-medicated skin care creams and lotions; Non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Organic soap bars; Perfumed soap; Perfumed soaps; Scented body lotions and creams; Shower creams; Shower gel; Shower gels; Shower and bath gel; Skin cream; Skin creams; Skin creams in liquid and in solid form; Skin creams in liquid and solid; Skin creams in liquid and solid form; Skin lotion; Skin lotions; Skin and body topical lotions, creams and oils for cosmetic use; Tea tree oil; all of the foregoing made in whole or substantial part of natural ingredientsClass 003 for Age retardant lotion; Anti-aging creams; Anti-aging moisturizer; Anti-aging moisturizers used as cosmetics; Essential oils; Essential oils for aromatherapy use; Essential oils for personal use; Essential oils for use in aromatherapy; Essential oils for use in the manufacture of scented products; Lotions for cosmetic purposes; Lotions for face and body care; Anti-aging cream; Anti-wrinkle cream; Anti-wrinkle creams; Aromatic essential oils; Bar soap; Bath gel; Bath gels; Bath soaps; Bath soaps in liquid, solid or gel form; Bath and shower gels and salts not for medical purposes; Beauty creams; Beauty creams for body care; Beauty lotions; Beauty soap; Body lotion; Body lotions; Cosmetic creams; Cosmetic creams for skin care; Cosmetic nourishing creams; Eye cream; Eye lotions; Face creams; Face creams for cosmetic use; Face and body creams; Face and body lotions; Face and body beauty creams; Facial cream; Facial lotion; Hand creams; Moisturizing creams; Moisturizing body lotions; Natural essential oils; Natural soap bars; Naturally handmade non-medicated soap bars; Night cream; Non-medicated soaps; Non-medicated bar soap; Non-medicated bath soap; Non-medicated bath soaps in liquid, solid or gel form; Non-medicated beauty soap; Non-medicated cosmetic soap; Non-medicated skin creams; Non-medicated skin creams with essential oils for use in aromatherapy; Non-medicated skin care creams and lotions; Non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Organic soap bars; Perfumed soap; Perfumed soaps; Scented body lotions and creams; Shower creams; Shower gel; Shower gels; Shower and bath gel; Skin cream; Skin creams; Skin creams in liquid and in solid form; Skin creams in liquid and solid; Skin creams in liquid and solid form; Skin lotion; Skin lotions; Skin and body topical lotions, creams and oils for cosmetic use; Tea tree oil; all of the foregoing made in whole or substantial part of natural ingredients
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/02/2017 and first used in commerce at least as early as 10/26/2017 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word "NATURALS" in all capital letters with a stylized leaf representing the first "A", written horizontally across the center of a large letter "O".

Miscellaneous Statement
Please delete the color claim from the application, as color is not a feature of the mark. The mark consists of the word "NATURALS" in all capital letters with a stylized leaf representing the first "A", written horizontally across the center of a large letter "O". Kindly review the applicant's website: http://www.onaturals.com/ This site contains information about the products, their uses, and their ingredients, and thus clearly and accurately indicate the nature of the goods and/or services identified in the application. Kindly be advised that, upon information and belief, the goods identified in this application comply with the Controlled Substances Act (CSA), 21 U.S.C. §§801-971. See 37 C.F.R. §2.69; TMEP §907. According to §1308.35, products "made from any portion of a plant of the genus Cannabis excluded from the definition of marijuana under the Act [i.e., . oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination]" (see 21 U.S.C. § 802(16)) and that are not "used, or intended for use, for human consumption" are exempt and not considered controlled substances under the CSA. Accordingly, the hemp oil used in the applicant's goods are not considered "marijuana extract or derivatives" and are excluded from the CSA definition of marijuana, as they contain of oil from the seeds of the plant and are not used, or intended for use, for human consumption (the goods are lotions, creams, soaps, essential oils, gels, and etc.).

Original PDF file:
mis-1-10713512517-20190109161458952119_._for_Office_Action_-_Additional_Information_-_O_Naturals_-_TM.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /Yosef Y Manela, Esq/     Date: 01/09/2019
Signatory's Name: Yosef Y Manela, Esq
Signatory's Position: Attorney of record, California Bar Member

Signatory's Phone Number: 3237820818

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: 87760788
Internet Transmission Date: Wed Jan 09 16:56:45 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201901091656452
26189-87760788-620ab921553208d16eb1ed066
b4fe5a22310cd30a333e9845f7c61baaf82ba87e
b-N/A-N/A-20190109161458952119