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. 88112528 TROPIC(Standard Characters, see http://uspto.report/TM/88112528/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 scanned copy of Arguments has been attached.
Original PDF file:
evi_2092206560-20190416151452504222_._Response_to_OA_for_TROPIC.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 024 for Blanket throws, bathroom towels, bath linen, cot blankets, cloths for removing makeup, furnishing and upholstery fabrics, towels, wall hangings, blankets

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cosmetics; Exfoliating scrubs for the feet; Eye liner; Eye makeup remover; Eye pencils; Eye shadow; Eye sticks; Eyebrow gel; Eyebrow mascara; Eyebrow pencils; Eyelashes (Adhesives for affixing false -); Facial scrubs; False nails; Foundation makeup; Hair care masks; Hair conditioner; Hair cosmetics; Hand gels; Hand milks; Lip balm; Lip care preparations; Lip conditioners; Lip gloss; Lip liners; Lip pencils; Lipstick cases; Lipsticks; Liquid foundation; Lotions for beards; Lotions for cellulite reduction; Makeup primer; Mascaras; Milks; Moisturisers; Nail buffing preparations; Nail care preparations; Nail cream; Nail gel; Nail strengtheners; Natural oils for perfumes; Night creams ; Non-medicated foot soaks; Non-medicated soaps; Perfumed oils for skin care; Room fragrances; Shaving cream; Shaving sets, comprised of shaving cream and aftershave; Shower and bath gel; After-sun creams; After-sun lotions; After-sun oils;Air fragrance preparations; Aloe vera preparations for cosmetic purposes; Anti-aging creams; Anti-aging moisturizers; Antiperspirants for personal use; Anti-wrinkle cream; Aromatic essential oils; Ash (Volcanic -) for cleaning; Balms, other than for medical purposes; Bath cream; Bath oil; Beauty care cosmetics; Beauty care preparations; Beauty lotions; Beauty masks; Body butter; Body cleansing foams; Body cream; Body glitters; Body lotion; Body Oil to Milks; Body milk; Body scrub; Body wash; Bubble bath; Cleansing masks; Concealers; Conditioning creams; Cosmetic creams for the skin; Cosmetic moisturisers; Cosmetic nourishing creams; Cosmetic preparations for eyelashes; Cosmetic preparations for skin firming; Cosmetic products for the shower; Cosmetics for personal use; Cosmetics for suntanning; Creams for cellulite reduction; Exfoliating scrubs for cosmetic purposes; Exfoliating scrubs for the face; Exfoliating scrubs for the feet; Exfoliating scrubs for the hands; Eye cream; Eye gels; Face creams; Face and body glitter; Face creams for cosmetic use; Cosmetic preparations for protecting the skin from the sun's rays; Cosmetic preparations for skin care; Cosmetics for protecting the skin from sunburn; Cosmetics for the treatment of dry skin; Creams for tanning the skin; Skin cleansers; Skin foundation; Skin moisturizers; Skin toners; Skincare cosmetics; Body cream; Body cream for cosmetic use; Body scrub; Serums for cosmetic purposes; Makeup foundations; Eye makeup; Facial makeup; Nail cosmetics; Perfume; Aftershave; Shaving balm; Shave creams; Shampoo; Baby bath mousse; Baby lotion; Baby oil; Baby shampoo; Baby powder; Baby care products (Non-medicated)
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 3248606 registered 08/07/2017 with a renewal date of __________ and an expiration date of 08/07/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Cosmetics; Exfoliating scrubs for the feet; Eye liner; Eye makeup remover; Eye pencils; Eye shadow; Eye sticks; Eye sticks in the nature of eye serums; Eyebrow gel; Eyebrow mascara; Eyebrow pencils; Eyelashes (Adhesives for affixing false -); Adhesives for affixing false eyelashes; Facial scrubs; False nails; Foundation makeup; Hair care masks; Hair conditioner; Hair cosmetics; Hand gels; Hand cosmetic gels; Hand milks; Hand moisturizing milks; Lip balm; Lip care preparations; Non-medicated lip care preparations; Lip conditioners; Cosmetic lip conditioners; Lip gloss; Lip liners; Lip pencils; Cosmetics in the nature of lip pencils; Lipstick cases; Lipsticks; Liquid foundation; Lotions for beards; Lotions for cellulite reduction; Makeup primer; Mascaras; Milks; Cosmetic Milks; Moisturisers; skin moisturisers; Nail buffing preparations; Nail care preparations; Nail cream; Nail gel; Nail strengtheners; Natural oils for perfumes; Night creams; Non-medicated foot soaks; Non-medicated soaps; Perfumed oils for skin care; Room fragrances; Shaving cream; Shaving sets, comprised of shaving cream and aftershave; Shower and bath gel; After-sun creams; After-sun lotions; After-sun oils; Air fragrance preparations; Aloe vera preparations for cosmetic purposes; Anti-aging creams; Anti-aging moisturizers; Antiperspirants for personal use; Anti-wrinkle cream; Aromatic essential oils; Ash (Volcanic -) for cleaning; Volcanic Ash for cleaning; Balms, other than for medical purposes; Balms, other than for medical purposes, namely, for skin care and body care; Bath cream; Bath oil; Beauty care cosmetics; Beauty care preparations; Beauty care preparations, namely, skin care preparations; Beauty lotions; Beauty masks; Body butter; Body cleansing foams; Body cream; Body glitters; Body lotion; Body Oil to Milks; Body Oil to Milks in the nature of body oil that transforms into milk form; Body milk; Body scrub; Body wash; Bubble bath; Cleansing masks; face cleansing masks; Concealers; Concealers for face and skin; Conditioning creams; Cosmetic conditioning creams for face and skin; Cosmetic creams for the skin; Cosmetic moisturisers; Cosmetic nourishing creams; Cosmetic preparations for eyelashes; cosmetic preparations for skin firming; Cosmetic products for the shower; Cosmetic preparations for the shower; Cosmetics for personal use; Cosmetics for suntanning; Creams for cellulite reduction; Exfoliating scrubs for cosmetic purposes; Exfoliating scrubs for the face; Exfoliating scrubs for the hands; Exfoliating scrubs for the feet; Eye cream; Eye gels; Face creams; Face and body glitter; Face creams for cosmetic use; Cosmetic preparations for protecting the skin from the sun's rays; Cosmetic preparations for skin care; Cosmetics for protecting the skin from sunburn; Cosmetics for the treatment of dry skin; Skin cleansers; Skin foundation; Creams for tanning the skin; Skin moisturizers; Skin toners; Skincare cosmetics; Body cream for cosmetic use; Serums for cosmetic purposes; Makeup foundations; Body cream; Eye makeup; Facial makeup; Body scrub; Nail cosmetics; Perfume; Aftershave; Shaving balm; Shave creams; Shampoo; Baby bath mousse; Baby lotion; Baby oil; Baby shampoo; Baby powder; Non-medicated baby care products, namely, baby skin care preparations; Baby care products (Non-medicated)Class 003 for Cosmetics; Exfoliating scrubs for the feet; Eye liner; Eye makeup remover; Eye pencils; Eye shadow; Eye sticks in the nature of eye serums; Eyebrow gel; Eyebrow mascara; Eyebrow pencils; Adhesives for affixing false eyelashes; Facial scrubs; False nails; Foundation makeup; Hair care masks; Hair conditioner; Hair cosmetics; Hand cosmetic gels; Hand moisturizing milks; Lip balm; Non-medicated lip care preparations; Cosmetic lip conditioners; Lip gloss; Lip liners; Cosmetics in the nature of lip pencils; Lipstick cases; Lipsticks; Liquid foundation; Lotions for beards; Lotions for cellulite reduction; Makeup primer; Mascaras; Cosmetic Milks; skin moisturisers; Nail buffing preparations; Nail care preparations; Nail cream; Nail gel; Nail strengtheners; Natural oils for perfumes; Night creams; Non-medicated foot soaks; Non-medicated soaps; Perfumed oils for skin care; Room fragrances; Shaving cream; Shaving sets, comprised of shaving cream and aftershave; Shower and bath gel; After-sun creams; After-sun lotions; After-sun oils; Air fragrance preparations; Aloe vera preparations for cosmetic purposes; Anti-aging creams; Anti-aging moisturizers; Antiperspirants for personal use; Anti-wrinkle cream; Aromatic essential oils; Volcanic Ash for cleaning; Balms, other than for medical purposes, namely, for skin care and body care; Bath cream; Bath oil; Beauty care cosmetics; Beauty care preparations, namely, skin care preparations; Beauty lotions; Beauty masks; Body butter; Body cleansing foams; Body cream; Body glitters; Body lotion; Body Oil to Milks in the nature of body oil that transforms into milk form; Body milk; Body scrub; Body wash; Bubble bath; face cleansing masks; Concealers for face and skin; Cosmetic conditioning creams for face and skin; Cosmetic creams for the skin; Cosmetic moisturisers; Cosmetic nourishing creams; Cosmetic preparations for eyelashes; cosmetic preparations for skin firming; Cosmetic preparations for the shower; Cosmetics for personal use; Creams for cellulite reduction; Exfoliating scrubs for cosmetic purposes; Exfoliating scrubs for the face; Exfoliating scrubs for the hands; Eye cream; Eye gels; Face creams; Face and body glitter; Face creams for cosmetic use; Cosmetic preparations for protecting the skin from the sun's rays; Cosmetic preparations for skin care; Cosmetics for protecting the skin from sunburn; Cosmetics for the treatment of dry skin; Skin cleansers; Skin foundation; Skin moisturizers; Skin toners; Skincare cosmetics; Body cream for cosmetic use; Serums for cosmetic purposes; Makeup foundations; Eye makeup; Facial makeup; Nail cosmetics; Perfume; Aftershave; Shaving balm; Shave creams; Shampoo; Baby bath mousse; Baby lotion; Baby oil; Baby shampoo; Baby powder; Non-medicated baby care products, namely, baby skin care 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3248606 registered 08/07/2017 with a renewal date of __________ and an expiration date of 08/07/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Commercial information and advice services for consumers; sales promotion services, dissemination of advertising matter; demonstration of goods; distribution of samples; organisation of promotional events for commercial or advertising purposes; organization of fairs and exhibitions for economic and advertising purposes; advertising, advertising consulting, publicity services; marketing, marketing consulting; commercial and business consulting, organisation and sale consulting; selling assistance, namely, consultation in respect of sales techniques and programs; providing commercial information regarding products from searchable indexes and databases of information; retail services (including those effected in a domestic setting) and online retail services relating to beauty products, cosmetics, skincare products and cosmetics, Exfoliating scrubs for the feet, Eye liner, Eye makeup remover, Eye pencils, Eye shadow, Eye sticks, Eyebrow gel, Eyebrow mascara, Eyebrow pencils, Eyelashes (Adhesives for affixing false -), Facial scrubs, False nails, Foundation makeup, Hair care masks, Hair conditioner, Hair cosmetics, Hand gels, Hand milks, Lip balm, Lip care preparations, Lip conditioners, Lip gloss, Lip liners, Lip pencils, Lipstick cases, Lipsticks, Liquid foundation, Lotions for beards, Lotions for cellulite reduction, Makeup primer, Mascaras, Milks, Moisturisers, Nail buffing preparations, Nail care preparations, Nail cream, Nail gel, Nail strengtheners, Natural oils for perfumes, Night creams, Non-medicated foot soaks, Non-medicated soaps, Perfumed oils for skin care, Room fragrances, Shaving cream, Shaving sets, comprised of shaving cream and aftershave, Shower and bath gel, After-sun creams, After-sun lotions, After-sun oils,Air fragrance preparations, Aloe vera preparations for cosmetic purposes, Anti-aging creams, Anti-aging moisturizers, Antiperspirants for personal use, Anti-wrinkle cream, Aromatic essential oils, Ash (Volcanic -) for cleaning, Balms, other than for medical purposes, Bath cream, Bath oil, Beauty care cosmetics, Beauty care preparations, Beauty lotions, Beauty masks, Body butter, Body cleansing foams, Body cream, Body glitters, Body lotion, Body Oil to Milks, Body milk, Body scrub, Body wash, Bubble bath, Cleansing masks, Concealers, Conditioning creams, Cosmetic creams for the skin, Cosmetic moisturisers, Cosmetic nourishing creams, Cosmetic preparations for eyelashes, Cosmetic preparations for skin firming, Cosmetic products for the shower, Cosmetics for personal use, Cosmetics for suntanning, Creams for cellulite reduction, Exfoliating scrubs for cosmetic purposes, Exfoliating scrubs for the face, Exfoliating scrubs for the feet, Exfoliating scrubs for the hands, Eye cream, Eye gels, Face creams, Face and body glitter, Face creams for cosmetic use, Cosmetic preparations for protecting the skin from the sun's rays, Cosmetic preparations for skin care, Cosmetics for protecting the skin from sunburn, Cosmetics for the treatment of dry skin, Creams for tanning the skin, Skin cleansers, Skin foundation, Skin moisturizers, Skin toners, Skincare cosmetics, Body cream, Body cream for cosmetic use, Body scrub, Serums for cosmetic purposes, Makeup foundations, Eye makeup, Facial makeup, Nail cosmetics, Perfume, Aftershave, Shaving balm, Shave creams, Shampoo, Baby bath mousse, Baby lotion, Baby oil, Baby shampoo, Baby powder, Baby care products (Non-medicated -),Candles, Cushions, blankets, photo­frames, vases, lamps, lampshades, decorative jars, mirrors, deck chairs, Blanket throws, bathroom towels, bath linen, cot blankets, cloths for removing makeup, furnishing and upholstery fabrics, towels, wall hangings, Clothing, footwear, headgear, scarves, T-shirts, jumpers, beach robes, beach footwear; information, advisory and consultancy services relating to the aforementioned services
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 3248606 registered 08/07/2017 with a renewal date of __________ and an expiration date of 08/07/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Commercial information and advice services for consumers; Commercial information and advice services for consumers in the choice of products and services; sales promotion services, dissemination of advertising matter; demonstration of goods; distribution of samples; organisation of promotional events for commercial or advertising purposes; organization of fairs and exhibitions for economic and advertising purposes; advertising, advertising consulting, publicity services; marketing, marketing consulting; marketing services, marketing consulting; commercial and business consulting, organisation and sale consulting; commercial and business consulting, business organisation consulting and consulting in the field of sales methods, sales management, and sales improvement; selling assistance, namely, consultation in respect of sales techniques and programs; providing commercial information regarding products from searchable indexes and databases of information; retail services (including those effected in a domestic setting) and online retail services relating to beauty products, cosmetics, skincare products and cosmetics, Exfoliating scrubs for the feet, Eye liner, Eye makeup remover, Eye pencils, Eye shadow, Eye sticks, Eyebrow gel, Eyebrow mascara, Eyebrow pencils, Eyelashes (Adhesives for affixing false -), Facial scrubs, False nails, Foundation makeup, Hair care masks, Hair conditioner, Hair cosmetics, Hand gels, Hand milks, Lip balm, Lip care preparations, Lip conditioners, Lip gloss, Lip liners, Lip pencils, Lipstick cases, Lipsticks, Liquid foundation, Lotions for beards, Lotions for cellulite reduction, Makeup primer, Mascaras, Milks, Moisturisers, Nail buffing preparations, Nail care preparations, Nail cream, Nail gel, Nail strengtheners, Natural oils for perfumes, Night creams, Non-medicated foot soaks, Non-medicated soaps, Perfumed oils for skin care, Room fragrances, Shaving cream, Shaving sets, comprised of shaving cream and aftershave, Shower and bath gel, After-sun creams, After-sun lotions, After-sun oils,Air fragrance preparations, Aloe vera preparations for cosmetic purposes, Anti-aging creams, Anti-aging moisturizers, Antiperspirants for personal use, Anti-wrinkle cream, Aromatic essential oils, Ash (Volcanic -) for cleaning, Balms, other than for medical purposes, Bath cream, Bath oil, Beauty care cosmetics, Beauty care preparations, Beauty lotions, Beauty masks, Body butter, Body cleansing foams, Body cream, Body glitters, Body lotion, Body Oil to Milks, Body milk, Body scrub, Body wash, Bubble bath, Cleansing masks, Concealers, Conditioning creams, Cosmetic creams for the skin, Cosmetic moisturisers, Cosmetic nourishing creams, Cosmetic preparations for eyelashes, Cosmetic preparations for skin firming, Cosmetic products for the shower, Cosmetics for personal use, Cosmetics for suntanning, Creams for cellulite reduction, Exfoliating scrubs for cosmetic purposes, Exfoliating scrubs for the face, Exfoliating scrubs for the feet, Exfoliating scrubs for the hands, Eye cream, Eye gels, Face creams, Face and body glitter, Face creams for cosmetic use, Cosmetic preparations for protecting the skin from the sun's rays, Cosmetic preparations for skin care, Cosmetics for protecting the skin from sunburn, Cosmetics for the treatment of dry skin, Creams for tanning the skin, Skin cleansers, Skin foundation, Skin moisturizers, Skin toners, Skincare cosmetics, Body cream, Body cream for cosmetic use, Body scrub, Serums for cosmetic purposes, Makeup foundations, Eye makeup, Facial makeup, Nail cosmetics, Perfume, Aftershave, Shaving balm, Shave creams, Shampoo, Baby bath mousse, Baby lotion, Baby oil, Baby shampoo, Baby powder, Baby care products (Non-medicated -),Candles, Cushions, blankets, photo­frames, vases, lamps, lampshades, decorative jars, mirrors, deck chairs, Blanket throws, bathroom towels, bath linen, cot blankets, cloths for removing makeup, furnishing and upholstery fabrics, towels, wall hangings, Clothing, footwear, headgear, scarves, T-shirts, jumpers, beach robes, beach footwear; retail store and retail sales services, including those effected in a domestic setting, and online retail store services relating to beauty products, cosmetics, skincare products and cosmetics, Exfoliating scrubs for the feet, Eye liner, Eye makeup remover, Eye pencils, Eye shadow, Eye sticks, Eyebrow gel, Eyebrow mascara, Eyebrow pencils, Adhesives for affixing false eyelashes, Facial scrubs, False nails, Foundation makeup, Hair care masks, Hair conditioner, Hair cosmetics, Hand gels, Hand milks, Lip balm, Lip care preparations, Lip conditioners, Lip gloss, Lip liners, Lip pencils, Lipstick cases, Lipsticks, Liquid foundation, Lotions for beards, Lotions for cellulite reduction, Makeup primer, Mascaras, Milks, Moisturisers, Nail buffing preparations, Nail care preparations, Nail cream, Nail gel, Nail strengtheners, Natural oils for perfumes, Night creams, Non-medicated foot soaks, Non-medicated soaps, Perfumed oils for skin care, Room fragrances, Shaving cream, Shaving sets, comprised of shaving cream and aftershave, Shower and bath gel, After-sun creams, After-sun lotions, After-sun oils, Air fragrance preparations, Aloe vera preparations for cosmetic purposes, Anti-aging creams, Anti-aging moisturizers, Antiperspirants for personal use, Anti-wrinkle cream, Aromatic essential oils, volcanic ash for cleaning, Balms, other than for medical purposes, Bath cream, Bath oil, Beauty care cosmetics, Beauty care preparations, Beauty lotions, Beauty masks, Body butter, Body cleansing foams, Body cream, Body glitters, Body lotion, Body Oil to Milks, Body milk, Body scrub, Body wash, Bubble bath, Cleansing masks, Concealers, Conditioning creams, Cosmetic creams for the skin, Cosmetic moisturisers, Cosmetic nourishing creams, Cosmetic preparations for¶
eyelashes, Cosmetic preparations for skin firming, Cosmetic products for the shower, Cosmetics for personal use, Creams for cellulite reduction, Exfoliating scrubs for cosmetic purposes, Exfoliating scrubs for the face, Exfoliating scrubs for the feet, Exfoliating scrubs for the hands, Eye cream, Eye gels, Face creams, Face and body glitter, Face creams for cosmetic use, Cosmetic preparations for protecting the skin from the sun's rays, Cosmetic preparations for skin care, Cosmetics for protecting the skin from sunburn, Cosmetics for the treatment of dry skin, Skin cleansers, Skin foundation, Skin moisturizers, Skin toners, Skincare cosmetics, Body cream, Body cream for cosmetic use, Body scrub, Serums for cosmetic purposes, Makeup foundations, Eye makeup, Facial makeup, Nail cosmetics, Perfume, Aftershave, Shaving balm, Shave creams, Shampoo, Baby bath mousse, Baby lotion, Baby oil, Baby shampoo, Baby powder, non-medicated Baby care products, Candles, Cushions, blankets, photoframes, vases, lamps, lampshades, decorative jars, mirrors, deck chairs; information, advisory and consultancy services relating to the aforementioned servicesClass 035 for Commercial information and advice services for consumers in the choice of products and services; sales promotion services, dissemination of advertising matter; demonstration of goods; distribution of samples; organisation of promotional events for commercial or advertising purposes; organization of fairs and exhibitions for economic and advertising purposes; advertising, advertising consulting, publicity services; marketing services, marketing consulting; commercial and business consulting, business organisation consulting and consulting in the field of sales methods, sales management, and sales improvement; selling assistance, namely, consultation in respect of sales techniques and programs; providing commercial information regarding products from searchable indexes and databases of information; retail store and retail sales services, including those effected in a domestic setting, and online retail store services relating to beauty products, cosmetics, skincare products and cosmetics, Exfoliating scrubs for the feet, Eye liner, Eye makeup remover, Eye pencils, Eye shadow, Eye sticks, Eyebrow gel, Eyebrow mascara, Eyebrow pencils, Adhesives for affixing false eyelashes, Facial scrubs, False nails, Foundation makeup, Hair care masks, Hair conditioner, Hair cosmetics, Hand gels, Hand milks, Lip balm, Lip care preparations, Lip conditioners, Lip gloss, Lip liners, Lip pencils, Lipstick cases, Lipsticks, Liquid foundation, Lotions for beards, Lotions for cellulite reduction, Makeup primer, Mascaras, Milks, Moisturisers, Nail buffing preparations, Nail care preparations, Nail cream, Nail gel, Nail strengtheners, Natural oils for perfumes, Night creams, Non-medicated foot soaks, Non-medicated soaps, Perfumed oils for skin care, Room fragrances, Shaving cream, Shaving sets, comprised of shaving cream and aftershave, Shower and bath gel, After-sun creams, After-sun lotions, After-sun oils, Air fragrance preparations, Aloe vera preparations for cosmetic purposes, Anti-aging creams, Anti-aging moisturizers, Antiperspirants for personal use, Anti-wrinkle cream, Aromatic essential oils, volcanic ash for cleaning, Balms, other than for medical purposes, Bath cream, Bath oil, Beauty care cosmetics, Beauty care preparations, Beauty lotions, Beauty masks, Body butter, Body cleansing foams, Body cream, Body glitters, Body lotion, Body Oil to Milks, Body milk, Body scrub, Body wash, Bubble bath, Cleansing masks, Concealers, Conditioning creams, Cosmetic creams for the skin, Cosmetic moisturisers, Cosmetic nourishing creams, Cosmetic preparations for eyelashes, Cosmetic preparations for skin firming, Cosmetic products for the shower, Cosmetics for personal use, Creams for cellulite reduction, Exfoliating scrubs for cosmetic purposes, Exfoliating scrubs for the face, Exfoliating scrubs for the feet, Exfoliating scrubs for the hands, Eye cream, Eye gels, Face creams, Face and body glitter, Face creams for cosmetic use, Cosmetic preparations for protecting the skin from the sun's rays, Cosmetic preparations for skin care, Cosmetics for protecting the skin from sunburn, Cosmetics for the treatment of dry skin, Skin cleansers, Skin foundation, Skin moisturizers, Skin toners, Skincare cosmetics, Body cream, Body cream for cosmetic use, Body scrub, Serums for cosmetic purposes, Makeup foundations, Eye makeup, Facial makeup, Nail cosmetics, Perfume, Aftershave, Shaving balm, Shave creams, Shampoo, Baby bath mousse, Baby lotion, Baby oil, Baby shampoo, Baby powder, non-medicated Baby care products, Candles, Cushions, blankets, photoframes, vases, lamps, lampshades, decorative jars, mirrors, deck chairs; information, advisory and consultancy services relating to the aforementioned services
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3248606 registered 08/07/2017 with a renewal date of __________ and an expiration date of 08/07/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Training in the field of product presentation; provision of training services, in particular for sales personnel relating to the distribution/sale of goods and products through direct selling channels; training in the field of product presentation; information, advisory and consultancy services relating to the aforementioned services
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 3248606 registered 08/07/2017 with a renewal date of __________ and an expiration date of 08/07/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Training in the field of product presentation; provision of training services, in particular for sales personnel relating to the distribution/sale of goods and products through direct selling channels; training in the field of product presentation; information, advisory and consultancy services relating to the aforementioned servicesClass 041 for Training in the field of product presentation; provision of training services, in particular for sales personnel relating to the distribution/sale of goods and products through direct selling channels; information, advisory and consultancy services relating to the aforementioned services
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3248606 registered 08/07/2017 with a renewal date of __________ and an expiration date of 08/07/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Hygienic and beauty care services; cosmetic treatment services for the body, face and hair; beauty counselling; cosmetics consultancy services; beauty consultancy services; beauty therapy services; information, advisory and consultancy services relating to the aforementioned services
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 3248606 registered 08/07/2017 with a renewal date of __________ and an expiration date of 08/07/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Hygienic and beauty care services; cosmetic treatment services for the body, face and hair; beauty counselling; cosmetics consultancy services; Beauty cosmetics consultancy services in the selection and use of cosmetics; beauty consultancy services; beauty therapy services; beauty therapy services, namely beauty salon services, including those effected in a domestic setting; information, advisory and consultancy services relating to the aforementioned servicesClass 044 for Hygienic and beauty care services; cosmetic treatment services for the body, face and hair; beauty counselling; Beauty cosmetics consultancy services in the selection and use of cosmetics; beauty consultancy services; beauty therapy services, namely beauty salon services, including those effected in a domestic setting; information, advisory and consultancy services relating to the aforementioned services
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3248606 registered 08/07/2017 with a renewal date of __________ and an expiration date of 08/07/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Ryan W. Falk/     Date: 04/16/2019
Signatory's Name: Ryan W. Falk
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 216-622-8200

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: 88112528
Internet Transmission Date: Tue Apr 16 16:22:32 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019041616223249
5464-88112528-62018434333c867818a4e3e2f0
77cb2543e486d9c28030961fc47152d8bcbeecc2
-N/A-N/A-20190416151452504222