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. 88030406 7LS(Standard Characters, see http://uspto.report/TM/88030406/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 009 for Downloadable mobile applications that enable users of a cosmetic medical or non-medical skin care device to diagnose skin conditions, record history of skin conditions, and provide product recommendations for the treatment of same; downloadable mobile applications that enable users of a cosmetic medical or non-medical skin care device to receive education and training about use of the device and to receive messages about proper use and maintenance of the device
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Downloadable mobile applications that enable users of a cosmetic medical or non-medical skin care device to diagnose skin conditions, record history of skin conditions, and provide product recommendations for the treatment of same; downloadable mobile applications that enable users of a cosmetic medical or non-medical skin care device to receive education and training about use of the device and to receive messages about proper use and maintenance of the device; nonmedical apparatus in the nature of an electronic portable skin moisture analyzer for cosmetic purposes that measures parameters relating to the skin, namely, hydration, sebum levels, pH levels, elasticity, UV damage, wrinkles, oil, moisture, and inflammationClass 009 for Downloadable mobile applications that enable users of a cosmetic medical or non-medical skin care device to diagnose skin conditions, record history of skin conditions, and provide product recommendations for the treatment of same; downloadable mobile applications that enable users of a cosmetic medical or non-medical skin care device to receive education and training about use of the device and to receive messages about proper use and maintenance of the device; nonmedical apparatus in the nature of an electronic portable skin moisture analyzer for cosmetic purposes that measures parameters relating to the skin, namely, hydration, sebum levels, pH levels, elasticity, UV damage, wrinkles, oil, moisture, and inflammation
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 proposes to amend the following class of goods/services in the application:
Current: Class 010 for Electrical or battery operated handheld home use beauty devices, namely, microdermabrasion apparatus, electric massage apparatus for household use, electronic light therapy apparatus for the skin, electronic stimulation apparatus for the skin, microneedle dermal roller; electrically powered apparatus for treating skin by applying radio frequency, electro muscular stimulation, ultrasound waves, vibration, vacuum suction, heat and cold to the skin; medical or non-medical apparatus for measuring parameters relating to the skin, namely, hydration, sebum levels, pH levels, elasticity, UV damage, wrinkles, oil, moisture, and inflammation
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Electrical or battery operated handheld home use beauty devices, namely, microdermabrasion apparatus, electric massage apparatus for household use, electronic light therapy apparatus for the skin, electronic stimulation apparatus for the skin, microneedle dermal roller; Electrical or battery operated handheld home use beauty devices, namely, microdermabrasion apparatus, electric massage apparatus for household use, electronic light therapy apparatus for the skin, electronic stimulation apparatus for the skin for therapy purposes, microneedle dermal roller; electrically powered apparatus for treating skin by applying radio frequency, electro muscular stimulation, ultrasound waves, vibration, vacuum suction, heat and cold to the skin; medical or non-medical apparatus for measuring parameters relating to the skin, namely, hydration, sebum levels, pH levels, elasticity, UV damage, wrinkles, oil, moisture, and inflammation; medical apparatus for measuring parameters relating to the skin, namely, hydration, sebum levels, pH levels, elasticity, UV damage, wrinkles, oil, moisture, and inflammationClass 010 for Electrical or battery operated handheld home use beauty devices, namely, microdermabrasion apparatus, electric massage apparatus for household use, electronic light therapy apparatus for the skin, electronic stimulation apparatus for the skin for therapy purposes, microneedle dermal roller; electrically powered apparatus for treating skin by applying radio frequency, electro muscular stimulation, ultrasound waves, vibration, vacuum suction, heat and cold to the skin; medical apparatus for measuring parameters relating to the skin, namely, hydration, sebum levels, pH levels, elasticity, UV damage, wrinkles, oil, moisture, and inflammation
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
7LS and LS appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /annakrobinson/     Date: 11/29/2018
Signatory's Name: Anna K. Robinson
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: 2483584400

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: 88030406
Internet Transmission Date: Thu Nov 29 13:02:34 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2018112913023495
7348-88030406-610cc8afd205f52e15bee88bf2
32b3188b8d9ee3279d2f05658f7101dd618a7eb4
6-N/A-N/A-20181129125257447054