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. 88044715 LOVE BEAUTY AND PLANET (Stylized and/or with Design, see http://uspto.report/TM/88044715/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of LOVE BEAUTY AND PLANET - Argument.pdf - actual argument text. has been attached.
Original PDF file:
evi_104129196177-20190423192805252584_._LOVE_BEAUTY_AND_PLANET_-_Argument.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Soaps; liquid soaps; non-medicated hand washing preparations; bath and shower preparations, namely, bath foam and shower gels; perfumery, essential oils; cosmetics; colognes, eau de toilette; aftershave; perfume body sprays; deodorants for personal use; anti-perspirants; shaving foam, shaving gel, pre-shaving and after-shaving lotions; talcum powder; pre-shave and aftershave preparations; cosmetic oils, creams and lotions for the skin; aromatherapy preparations, namely, essential oils and non-medicated skin creams with essential oils for use in aromatherapy; massage preparations, namely, massage oils, massage creams, massage lotions, massage gels other than for medical purposes, massage waxes; non-medicated skin care preparations; depilatory preparations; sun-tanning and cosmetic sun protection preparations; make-up and make-up removing preparations; petroleum jelly for cosmetic purposes; non-medicated lip care preparations; cotton wool, cotton sticks for cosmetics purposes; cosmetics pads; wipes impregnated with cosmetic lotions; pre-moistened cosmetic cleansing pads, cosmetic tissues and cosmetic wipes; cosmetic cleansing pads, tissues or wipes impregnated with non-medicated preparations for cleansing the skin and removing makeup; beauty masks, facial packs, namely, facial masks; non-medicated preparations for the care of hair and scalp; shampoos and hair conditioners; hair colorants; hair dyes; hair lotions; hair waving preparations; hair sprays; hair powder; hair dressings; hair lacquers; hair mousses; hair glazes; hair gels; hair moisturisers; hair liquid, in the nature of hair styling preparations; non-medicated hair preservation treatments; non-medicated hair desiccating treatments, in the nature of hair tonic and hair creams for use in removing excess oil from the hair; hair oils; hair tonic; hair creams; dentifrices; non-medicated mouthwashes; cosmetic preparations for the care of the mouth and the teeth; tooth powder; toothpaste; non-medicated toilet preparations, namely, non-medicated toiletries
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: Soaps; Non-medicated soaps; liquid soaps; non-medicated liquid soaps; non-medicated hand washing preparations; bath and shower preparations, namely, bath foam and shower gels; perfumery, essential oils; cosmetics; colognes, eau de toilette; aftershave; perfume body sprays; deodorants for personal use; anti-perspirants; shaving foam, shaving gel, pre-shaving and after-shaving lotions; talcum powder; pre-shave and aftershave preparations; cosmetic oils, creams and lotions for the skin; aromatherapy preparations, namely, essential oils and non-medicated skin creams with essential oils for use in aromatherapy; massage preparations, namely, massage oils, massage creams, massage lotions, massage gels other than for medical purposes, massage waxes; massage preparations, namely, massage oils, massage creams, massage lotions, massage gels, other than for medical purposes, massage waxes; non-medicated skin care preparations; depilatory preparations; sun-tanning and cosmetic sun protection preparations; make-up and make-up removing preparations; petroleum jelly for cosmetic purposes; non-medicated lip care preparations; cotton wool, cotton sticks for cosmetics purposes; cosmetic cotton wool and cotton sticks for cosmetics purposes; cosmetics pads; cosmetic pads; wipes impregnated with cosmetic lotions; pre-moistened cosmetic cleansing pads, cosmetic tissues and cosmetic wipes; cosmetic cleansing pads, tissues or wipes impregnated with non-medicated preparations for cleansing the skin and removing makeup; beauty masks, facial packs, namely, facial masks; non-medicated preparations for the care of hair and scalp; shampoos and hair conditioners; hair colorants; hair dyes; hair lotions; hair waving preparations; hair sprays; hair powder; hair powder, namely, hair-washing powder; hair dressings; hair dressings, namely, hair dressings for men and women, cosmetic hair dressing preparations; hair lacquers; hair mousses; hair glazes; hair gels; hair moisturisers; hair moisturizers; hair liquid, in the nature of hair styling preparations; hair liquid in the nature of hair styling preparations; non-medicated hair preservation treatments; non-medicated hair desiccating treatments, in the nature of hair tonic and hair creams for use in removing excess oil from the hair; non-medicated hair desiccating treatments in the nature of hair tonic and hair creams for use in removing excess oil from the hair; hair oils; hair tonic; hair creams; dentifrices; non-medicated mouthwashes; cosmetic preparations for the care of the mouth and the teeth; tooth powder; toothpaste; non-medicated toilet preparations, namely, non-medicated toiletries; non-medicated toiletry preparationsClass 003 for Non-medicated soaps; non-medicated liquid soaps; non-medicated hand washing preparations; bath and shower preparations, namely, bath foam and shower gels; perfumery, essential oils; cosmetics; colognes, eau de toilette; aftershave; perfume body sprays; deodorants for personal use; anti-perspirants; shaving foam, shaving gel, pre-shaving and after-shaving lotions; talcum powder; pre-shave and aftershave preparations; cosmetic oils, creams and lotions for the skin; aromatherapy preparations, namely, essential oils and non-medicated skin creams with essential oils for use in aromatherapy; massage preparations, namely, massage oils, massage creams, massage lotions, massage gels, other than for medical purposes, massage waxes; non-medicated skin care preparations; depilatory preparations; sun-tanning and cosmetic sun protection preparations; make-up and make-up removing preparations; petroleum jelly for cosmetic purposes; non-medicated lip care preparations; cosmetic cotton wool and cotton sticks for cosmetics purposes; cosmetic pads; wipes impregnated with cosmetic lotions; pre-moistened cosmetic cleansing pads, cosmetic tissues and cosmetic wipes; cosmetic cleansing pads, tissues or wipes impregnated with non-medicated preparations for cleansing the skin and removing makeup; beauty masks, facial packs, namely, facial masks; non-medicated preparations for the care of hair and scalp; shampoos and hair conditioners; hair colorants; hair dyes; hair lotions; hair waving preparations; hair sprays; hair powder, namely, hair-washing powder; hair dressings, namely, hair dressings for men and women, cosmetic hair dressing preparations; hair lacquers; hair mousses; hair glazes; hair gels; hair moisturizers; hair liquid in the nature of hair styling preparations; non-medicated hair preservation treatments; non-medicated hair desiccating treatments in the nature of hair tonic and hair creams for use in removing excess oil from the hair; hair oils; hair tonic; hair creams; dentifrices; non-medicated mouthwashes; cosmetic preparations for the care of the mouth and the teeth; tooth powder; toothpaste; non-medicated toiletry preparations
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
Disclaimer
No claim is made to the exclusive right to use "BEAUTY" apart from the mark as shown.


Description of mark
The mark consists of the wording "LOVE BEAUTY AND PLANET", set vertically with each word atop the other and with "BEAUTY" set against a solid rectangle and "PLANET" also set against a solid rectangle.

SIGNATURE(S)
Response Signature
Signature: /Denis V. Shamo/     Date: 04/23/2019
Signatory's Name: Denis V. Shamo
Signatory's Position: Attorney of record, Michigan Bar member

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: 88044715
Internet Transmission Date: Tue Apr 23 19:32:36 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190423193236
110471-88044715-6201769a426cc531b0524e32
caa88892169fea939f6876cb6bd495b1bc6391d1
e-N/A-N/A-20190423192805252584