TEAS Response to Suspension Inquiry

PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88020746 IMAGINE (Stylized and/or with Design, see http://teas.gov.uspto.report/rsi/view/styles/No-Image-File.jpg) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 86885762; 86885775; 88063015; 87736540 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)
Then Owner of the potentially cited marks and the Applicant have entered into a Co-existence Agreement. This is part of a Settlement Agreement that the Parties executed, which led to the termination of the Opposition proceedings, as evidenced by the Board Decision issued on February 19, 2021. I've attached the Board's decision for your reference in the Civil Action section of this form.

CIVIL ACTION PROCEEDING(S)
Civil Action No(s). 91242769 has/have been terminated. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.
Comment(s)/Remark(s):

Application 88020746 was suspended pending the outcome of Opposition No. 91242769, which has been terminated as of February 19, 2021 and the Parties have signed a Co-existence Agreement. A copy of the Boards Decision is attached for your reference. The Applicant respectfully requests that the Application proceed to publication in the normal course of business.
Original PDF file:
CVR_1070254155-150750363_ ._bvue-91242769-OPP-16_2. 19.2021_-_BD_Decision_-_O pp_Dismissed.pdf
Converted PDF file(s) (2 pages)
Civil File1
Civil File2


The owner's/holder's current attorney information: Kristy Meringolo. Kristy Meringolo of THE HAIN CELESTIAL GROUP, INC., is located at

      1111 MARCUS AVE.
      LAKE SUCCESS, New York
      United States
The docket/reference number is TM000121.

The phone number is 516-587-5171.

The email address is IP@hain.com

The owner's/holder's proposed attorney information: Kristy Meringolo. Kristy Meringolo of THE HAIN CELESTIAL GROUP, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1111 MARCUS AVE.
      LAKE SUCCESS, New York 11042
      United States
The docket/reference number is TM000121.

The phone number is 516-587-5862.

The email address is jessica.rosenthal@hain.com

Kristy Meringolo submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      KRISTY MERINGOLO
      PRIMARY EMAIL FOR CORRESPONDENCE: IP@hain.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): melissa.schombs@hain.com
Correspondence Information (proposed):
      Kristy Meringolo
      PRIMARY EMAIL FOR CORRESPONDENCE: jessica.rosenthal@hain.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): IP@hain.com

The docket/reference number is TM000121.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /KristyMeringolo/    Date: 04/13/2021
Signatory's Name: Kristy Meringolo
Signatory's Position: Director
Signatory's Phone Number: 5165875713
Signature method: Signed directly within the form

Response Suspension Inquiry Signature
Signature: /KristyMeringolo/     Date: 04/13/2021
Signatory's Name: Kristy Meringolo
Signatory's Position: Director
Signatory's Phone Number: 5165875713
Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    KRISTY MERINGOLO
   THE HAIN CELESTIAL GROUP, INC.
   
   1111 MARCUS AVE.
   LAKE SUCCESS, New York
Mailing Address:    Kristy Meringolo
   THE HAIN CELESTIAL GROUP, INC.
   1111 MARCUS AVE.
   LAKE SUCCESS, New York 11042
        
Serial Number: 88020746
Internet Transmission Date: Tue Apr 13 16:01:34 ET 2021
TEAS Stamp: USPTO/RSI-XXX.X.XXX.XXX-2021041316013455
7960-88020746-770c5295e991de626bee2d60b0
44c0323f6c335d63a1deabee928f1e6ee3bb21-N
/A-N/A-20210413150750363639