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. 88002707 CAPILLUS(Standard Characters, see http://uspto.report/TM/88002707/mark.png) has been amended as follows:

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

PRIOR CITED APPLICATIONS The examiner has refused registration on the grounds of likelihood of confusion with two prior applications 87490257 and 87486906. With regards to 87490257 the examiner has issued a final refusal for likelihood of confusion with applicant's prior registrations. With regards to 87486906, an office action was issued on September 23, 2018, also refusing registration for likelihood of confusion with applicant's prior registrations the responsive time for which has already expired without a response. In view of the expired responsive time and the final refusal, applicant asks that the registration be allowed to proceed to registrations. Alternatively the application could be suspended pending final abandonment of the cited applications but this would cost applicant unnecessary cost and delay. IDENTIFICATION OF GOODS AND SERVICES The examiner's suggested change to the working of the description of goods and services in class 003 is accepted.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Non-medicated hair treatment preparations for cosmetic purposes; Hair cleaning preparations; Non-medicated hair serums; Hair treatment sprays
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 03/15/2015 and first used in commerce at least as early as 03/15/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Non-medicated hair treatment preparations for cosmetic purposes; Hair cleaning preparations; Non-medicated hair serums; Hair treatment sprays; Non-medicated Hair treatment sprays for cosmetic purposesClass 003 for Non-medicated hair treatment preparations for cosmetic purposes; Hair cleaning preparations; Non-medicated hair serums; Non-medicated Hair treatment sprays for cosmetic purposes
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 03/15/2015 and first used in commerce at least as early as 03/15/2015 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Jorge Espinosa/     Date: 04/03/2019
Signatory's Name: Jorge Espinosa
Signatory's Position: Attorney of Record, Espinosa Martinez PL, Florida bar member

Signatory's Phone Number: (305) 854-0900

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: 88002707
Internet Transmission Date: Wed Apr 03 16:34:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190403163455871
994-88002707-62030b8d58f9f848af7efcfa34e
711ba51d8ff3b7934ad212ea82c7d9a3996cc-N/
A-N/A-20190403161500186724