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. 88066851 CHECKUP (Stylized and/or with Design, see http://uspto.report/TM/88066851/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 003 for hair care products, namely, shampoo and hair cleanser; skin care products, namely, skin cleanser; beauty care products, namely, nail conditioner; body oil, hand lotion, liquid skin soap, denture cleaning tablets, perineal wash, namely, non-medicated douches, toothpaste, deodorant for personal use and barrier cream; wipes impregnated with a skin cleanser or moisturizer; pre-moistened cosmetic towelettes; cotton for cosmetic purposes; cotton sticks for cosmetic purposes; non-medicated disposable wipes impregnated with moisturizers and cleansing compounds in the nature of germicides for cosmetic use; spa treatment kits, namely, kits containing skin and facial creams, lotions and gels, and pre-moistened cosmetic wipes
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: hair care products, namely, shampoo and hair cleanser; hair care products, namely, shampoo, hair cleaning preparations, hair conditioner and hair rinses; skin care products, namely, skin cleanser; beauty care products, namely, nail conditioner; beauty care products, namely, nail softeners and nail repair preparations; body oil, hand lotion, liquid skin soap, denture cleaning tablets, perineal wash, namely, non-medicated douches, toothpaste, deodorant for personal use and barrier cream; body oil, hand lotion, liquid skin soap, denture cleaning preparations in the form of tablets, perineal wash, namely, non-medicated douching preparations, toothpaste, deodorant for personal use and barrier creams in the nature of skin creams; wipes impregnated with a skin cleanser or moisturizer; pre-moistened cosmetic towelettes; cotton for cosmetic purposes; cotton sticks for cosmetic purposes; non-medicated disposable wipes impregnated with moisturizers and cleansing compounds in the nature of germicides for cosmetic use; spa treatment kits, namely, kits containing skin and facial creams, lotions and gels, and pre-moistened cosmetic wipesClass 003 for hair care products, namely, shampoo, hair cleaning preparations, hair conditioner and hair rinses; skin care products, namely, skin cleanser; beauty care products, namely, nail softeners and nail repair preparations; body oil, hand lotion, liquid skin soap, denture cleaning preparations in the form of tablets, perineal wash, namely, non-medicated douching preparations, toothpaste, deodorant for personal use and barrier creams in the nature of skin creams; wipes impregnated with a skin cleanser or moisturizer; pre-moistened cosmetic towelettes; cotton for cosmetic purposes; cotton sticks for cosmetic purposes; spa treatment kits, namely, kits containing skin and facial creams, lotions and gels, and pre-moistened cosmetic wipes
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 005 for medical products, namely, surgical dressings, wound dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages, gauze bandages for surgical and medical use, footcare products, namely, foot plasters, felt pads for medical purposes, foam pads for medical purposes, foot pads, corn plasters, bunion plasters, and antifriction pads and nutritional supplements; wound care products and medical supplies, namely, adhesive strips, wound dressings, wound closure bandages, gauze bandages; and sponges and sterile pads for use in wound care; medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin; burn dressings; cotton sticks for medical purposes; adhesive tapes and bandages for veterinary use; antiseptic preparations; isopropyl alcohol for medical use
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: medical products, namely, surgical dressings, wound dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages, gauze bandages for surgical and medical use, footcare products, namely, foot plasters, felt pads for medical purposes, foam pads for medical purposes, foot pads, corn plasters, bunion plasters, and antifriction pads and nutritional supplements; medical products, namely, surgical dressings, wound dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages for dressings, gauze bandages for surgical and medical use, footcare products, namely, foot plasters for medical purposes, felt pads for medical purposes and foam pads for medical purposes, namely, felt pads and foam pads for use with wounds, either alone, or with medical dressings, to help absorb ointment/solution for the wound, foot pads for medical purposes, corn plasters, bunion plasters, and antifriction pads to prevent pain and abrasion on pressure points, such as the heel, by providing padding, and nutritional supplements; wound care products and medical supplies, namely, adhesive strips, wound dressings, wound closure bandages, gauze bandages; wound care products and medical supplies, namely, adhesive strips for closing wounds or incisions, wound dressings, wound closure bandages, gauze bandages; and sponges and sterile pads for use in wound care; medicated disposable wipes impregnated with moisturizers and germicides; and wound dressings in the nature of sponges and sterile pads; medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; applicators for medical purposes for use in applying ointments and liquids to the skin; cotton for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin, namely, cotton tip applicators made of wood or plastic shaft; burn dressings; cotton sticks for medical purposes; adhesive tapes and bandages for veterinary use; antiseptic preparations; isopropyl alcohol for medical useClass 005 for medical products, namely, surgical dressings, wound dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages for dressings, gauze bandages for surgical and medical use, footcare products, namely, foot plasters for medical purposes, felt pads for medical purposes and foam pads for medical purposes, namely, felt pads and foam pads for use with wounds, either alone, or with medical dressings, to help absorb ointment/solution for the wound, foot pads for medical purposes, corn plasters, bunion plasters, and antifriction pads to prevent pain and abrasion on pressure points, such as the heel, by providing padding, and nutritional supplements; wound care products and medical supplies, namely, adhesive strips for closing wounds or incisions, wound dressings, wound closure bandages, gauze bandages; medicated disposable wipes impregnated with moisturizers and germicides; and wound dressings in the nature of sponges and sterile pads; medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin, namely, cotton tip applicators made of wood or plastic shaft; burn dressings; cotton sticks for medical purposes; adhesive tapes and bandages for veterinary use; antiseptic preparations; isopropyl alcohol for medical use
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 elastic bandages, casting material bandages for use under splints; surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; surgical dissectors; tongue depressors; portable breathing device comprising an oval mouthpiece and extended plastic tube; medical diagnostic equipment, namely, stethoscopes, sphygmomanometers and eye charts; and sundry medical items, namely, alcohol dispensers; fracture kits, comprised of weatherproof nylon carry bag, one adult arm splint, one adult leg splint, one child arm splint, one child leg splint and one arm/shoulder immobilizer; linen tape measures used for body measurement, wound measurement and water retention measurement; eye test cabinets, comprised of metal cabinet with baked enamel finish, carry handle and power cord; first aid kit containing sterile adhesive bandages, sterile gauze bandages, gauze pad, absorbent cotton, adhesive tape, and antiseptic unit; surgical scrub tops, pants and hats; otoscopes and covers; blood pressure monitors; medical endoscopes; thermometers for medical use; walkers to aid in mobility; crutches; pill and tablet cutters and crushers; medical apparatus, namely, continuous positive airway pressure (CPAP) devices; medical diagnostic kits containing otoscopes and ophthalmoscopes
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: elastic bandages, casting material bandages for use under splints; elastic bandages, plaster casts and support bandages for orthopedic purposes for use under splints; surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; surgical dissectors; tongue depressors; medical diagnostic equipment, namely, stethoscopes, sphygmomanometers and eye charts; portable breathing device comprising an oval mouthpiece and extended plastic tube; and sundry medical items, namely, alcohol dispensers, namely, plastic containers filled with rubbing alcohol which offer a variety of dispensing options for the care practitioner; fracture kits, comprised of weatherproof nylon carry bag, one adult arm splint, one adult leg splint, one child arm splint, one child leg splint and one arm/shoulder immobilizer; and sundry medical items, namely, alcohol dispensers; linen tape measures used for body measurement, wound measurement and water retention measurement; eye testing machines and apparatus comprised of metal cabinet with baked enamel finish, carry handle and power cord; first aid kit containing sterile adhesive bandages, sterile gauze bandages, gauze pad, absorbent cotton, adhesive tape, and antiseptic unit; eye test cabinets, comprised of metal cabinet with baked enamel finish, carry handle and power cord; Surgical scrub tops, pants and hats; otoscopes and covers therefor, namely, a disposable plastic sheath that goes over the permanent end of the otoscope; blood pressure monitors; otoscopes and covers; medical endoscopes; thermometers for medical use; walkers to aid in mobility; crutches; pill and tablet cutters and crushers; medical apparatus, namely, continuous positive airway pressure (CPAP) devices; medical diagnostic kits containing otoscopes and ophthalmoscopesClass 010 for elastic bandages, plaster casts and support bandages for orthopedic purposes for use under splints; surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; tongue depressors; medical diagnostic equipment, namely, stethoscopes, sphygmomanometers and eye charts; and sundry medical items, namely, alcohol dispensers, namely, plastic containers filled with rubbing alcohol which offer a variety of dispensing options for the care practitioner; fracture kits, comprised of weatherproof nylon carry bag, one adult arm splint, one adult leg splint, one child arm splint, one child leg splint and one arm/shoulder immobilizer; linen tape measures used for body measurement, wound measurement and water retention measurement; eye testing machines and apparatus comprised of metal cabinet with baked enamel finish, carry handle and power cord; first aid kit containing sterile adhesive bandages, sterile gauze bandages, gauze pad, absorbent cotton, adhesive tape, and antiseptic unit; Surgical scrub tops, pants and hats; otoscopes and covers therefor, namely, a disposable plastic sheath that goes over the permanent end of the otoscope; blood pressure monitors; medical endoscopes; thermometers for medical use; walkers to aid in mobility; crutches; pill and tablet cutters and crushers; medical apparatus, namely, continuous positive airway pressure (CPAP) devices; medical diagnostic kits containing otoscopes and ophthalmoscopes
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 021 for bath products, namely, body sponges and loofah sponges; cloths for cleaning; applicators for skin and facial lotions and creams; personal dispensers for pills for domestic use; glass sundry jars for storing medical supplies; plastic sundry jars for storing medical supplies
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: bath products, namely, body sponges and loofah sponges; cloths for cleaning; applicators for skin and facial lotions and creams; applicators sold empty for skin and facial lotions and creams; personal dispensers for pills for domestic use; glass sundry jars for storing medical supplies; plastic sundry jars for storing medical supplies; plastic medications containers sold empty for commercial useClass 021 for bath products, namely, body sponges and loofah sponges; cloths for cleaning; applicators sold empty for skin and facial lotions and creams; personal dispensers for pills for domestic use; glass sundry jars for storing medical supplies; plastic medications containers sold empty for commercial use
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.

SIGNATURE(S)
Response Signature
Signature: /Douglas A. Miro, Esq./     Date: 05/03/2019
Signatory's Name: Douglas A. Miro, Esq.
Signatory's Position: attorney of record; New York State Bar member

Signatory's Phone Number: 212 336 8000

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: 88066851
Internet Transmission Date: Fri May 03 09:17:27 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190503091727
037083-88066851-62038e184ee23c98a244c33b
429f69650304ac0fe405df9673da85c87d9babd-
N/A-N/A-20190503091447601663