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)

---

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. 88116586 SHISEIDO ULTIMATE SUN PROTECTOR (Stylized and/or with Design, see http://uspto.report/TM/88116586/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_63144129162-20190401180111830250_._SHISEIDO_ULTIMATE_SUN_PROTECTOR____Design__ROA_-_FINAL.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Soaps, perfumeries, and cosmetics; non-medicated skin care preparations, hair care preparations, body care cosmetics, and make-up; dentifrices; false nails; false eyelashes; cotton for cosmetic purposes
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, perfumeries, and cosmetics; Cosmetic soaps, perfumery, and cosmetics; non-medicated skin care preparations, hair care preparations, body care cosmetics, and make-up; dentifrices; false nails; false eyelashes; cotton for cosmetic purposesClass 003 for Cosmetic soaps, perfumery, and cosmetics; non-medicated skin care preparations, hair care preparations, body care cosmetics, and make-up; dentifrices; false nails; false eyelashes; cotton for cosmetic purposes
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 SUN PROTECTOR apart from the mark as shown.


Translation
The wording SHISEIDO has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Masahiro Noda/     Date: 04/01/2019
Signatory's Name: Masahiro Noda
Signatory's Position: Attorney of Record/NY Bar Member

Signatory's Phone Number: 2128012168

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: 88116586
Internet Transmission Date: Mon Apr 01 18:06:14 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904011806142
65124-88116586-620615e2ed3a4421ce89e2fe2
db32b2dbb9966d2f4c75f33e882b9d575c6bfa10
-N/A-N/A-20190401180111830250