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)

---

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. 87944392 ANTHEM(Standard Characters, see http://uspto.report/TM/87944392/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for contract manufacturing in the field of skin and body care; private label manufacturing in the field of skin and body care; private label cosmetics; anti aging skin care products, anti pollution skin care products, anti oxidant skin care products, natural skin care products, skin cleansers, skin scrubs, skin masks, multi step skin care, hair conditioning treatments, moisturizers, lip masks, lip scrub, face mask, facial wipes, hand moisturizing treatments, foot moisturizing treatments, body lotions, acne spot treatments, cleansing oils

Applicant hereby adds the following class of goods/services to the application:
New: Class 003 (Original Class: 035 ) for Private label cosmetics; anti-aging skin care products, namely, non-medicated skin serum, non-medicated skin lotion, non-medicated skin cleanser, non-medicated mud facial mask, non-medicated facial sheet mask with non-medicated serum, non-medicated facial mist, non-medicated cleanser, non-medicated mud mask, non-medicated facial sheet mask with non-medicated serum, non-medicated facial mist, non-medicated neck mask with non-medicated serum; anti-pollution skin care products, namely, skin cleansing lotions, skin softeners, non-medicated skin serum, non-medicated skin lotion, non-medicated skin cleanser, non-medicated mud facial mask, non-medicated facial sheet mask with non-medicated serum, non-medicated facial mist, lotion, non-medicated cleanser, non-medicated mud mask, non-medicated facial sheet mask with non-medicated serum, non-medicated facial mist, non-medicated neck mask with non-medicated serum; anti-oxidant skin care products, namely, skin cleansers, skin creams, non-medicated skin serum, non-medicated skin lotion, non-medicated skin cleanser, non-medicated mud facial mask, non- medicated facial sheet mask with non-medicated serum, non-medicated facial mist, non-medicated cleanser, non-medicated mud mask, non- medicated facial sheet mask with non-medicated serum, non-medicated facial mist, non-medicated neck sheet mask with non-medicated serum; natural skin care products, namely, skin texturizers, skin emollients, skin cleansers, skin lotions, skin serum, skin scrub/polish, skin softners, skin mist; skin cleansers; skin care preparations, namely, skin scrubs; skin masks; multi-step skin care preparations, namely, facial scrub packaged with a facial moisturizer, body polish packaged with body non medicated serum, body polish packaged with body spray, lip scrub packaged with lip sheet mask with non-medicated serum; non-medicated hair conditioning treatments for cosmetic purposes; hair moisturizing preparations; cosmetic masks, namely, lip masks; cosmetic body scrubs for the lips; facial beauty masks; pre-moistened cosmetic facial wipes; body lotions; non-medicated skincare preparations, namely, hand moisturizing treatment creams, foot moisturizing treatment creams, and skin cleansing oils
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Contract manufacturing in the field of skin and body care, cosmetics, anti-aging skincare, anti-aging body care, anti-pollution skincare, antipollution body care, natural skincare, natural body care; private label manufacturing services for others in the field of skin and body care, cosmetics anti-aging skincare, anti-aging body care, anti-pollution skincare, antipollution body care, natural skincare, natural body care
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
HARRIS A. WOLIN
MYERS WOLIN, LLC
100 HEADQUARTERS PLAZA
WEST TOWER, 7TH FLOOR
MORRISTOWN
New Jersey
US
07960-6834

Proposed:
HARRIS A. WOLIN of MYERS WOLIN, LLC, having an address of
West Tower, Floor 7 100 HEADQUARTERS PLAZA MORRISTOWN, New Jersey 07960-6834
United States
tm@myerswolin.com
973-828-1284
866-864-3947
The docket/reference number is DHYG 7953 .



FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

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

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

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Harris A. Wolin/      Date: 02/05/2019
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of record, New Jersey bar member
Signatory's Phone Number: 973-828-1284


Response Signature
Signature: /Harris A. Wolin/     Date: 02/05/2019
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of Record NJ Bar Member

Signatory's Phone Number: 973-828-1284

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.

Mailing Address:    HARRIS A. WOLIN
   MYERS WOLIN, LLC
   West Tower, Floor 7
   100 HEADQUARTERS PLAZA
   MORRISTOWN, New Jersey 07960-6834
        
RAM Sale Number: 87944392
RAM Accounting Date: 02/05/2019
        
Serial Number: 87944392
Internet Transmission Date: Tue Feb 05 12:43:15 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190205124315561
985-87944392-620edf509e457da643893a78d9e
5ca3320be9062c6d0794ce6d89645ddb727c26-C
C-11031-20190204154548509194