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. 88099693 PERFECT FIT LASH BAND(Standard Characters, see http://uspto.report/TM/88099693/mark.png) has been amended as follows:

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

Applicant has significantly revised the identification of goods. With this revision the trademark should no longer be considered descriptive in nature. Please reconsider.

EVIDENCE
Evidence in the nature of product labeling and packaging has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Adhesives for affixing false eyebrows; Adhesives for affixing false eyelashes; Adhesives for affixing false hair; Adhesives for affixing false nails; Adhesives for artificial nails; Adhesives for attaching artificial fingernails and/or eyelashes; Adhesives for cosmetic purposes; Adhesives for false eyelashes, hair and nails; Eyelash tint; Artificial eyelashes; Cosmetic preparations for eyelashes; False eyelashes
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: Adhesives for affixing false eyebrows; Artificial eyelashes; Adhesives for affixing false eyelashes; False eyelashes; Adhesives for affixing false hair; Adhesives for affixing false nails; Adhesives for artificial nails; Adhesives for attaching artificial fingernails and/or eyelashes; Adhesives for cosmetic purposes; Adhesives for false eyelashes, hair and nails; Eyelash tint; Cosmetic preparations for eyelashesClass 003 for Artificial eyelashes; False eyelashes
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: /rmorris/     Date: 05/31/2019
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD

Signatory's Phone Number: 3056736686

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: 88099693
Internet Transmission Date: Fri May 31 11:07:13 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019053111071312
2370-88099693-6204c4866a3ea2adc89ca43b8e
ad895ee1d0762680c9b0314d9fad1f77f5543-N/
A-N/A-20190531110354128868