Response to Office Action

ASH

ASH BEAUTY LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88155826
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88155826/mark.png
LITERAL ELEMENT ASH
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of three letters in "ASH" are capitalized with the following description: "A" is a capital letter on the left with the legs are vertical and parallel to each other joined at the semi-circular top. The horizontal line protrudes out of the left leg and forms a semi-circle crossing the lower part of the left leg while continuing upwards to cross the right leg, terminating with two leaves at the end. "S" is a capital letter in the middle and "H" is a capital letter at the right.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_1082920167-20190724171951292522_._ASH_Response_-_final.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\881\558\88155826\xml5\ROA0002.JPG
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 003
DESCRIPTION
Eyebrow cosmetics; Eyebrow gel; Eyebrow pencils; Eyebrow powder; Lotions for cosmetic purposes; Nail art pens; Nail art stickers; Nail buffing preparations; Nail care kits comprising nail polish; Nail care preparations; Nail care preparations, namely, nail softeners; Nail cosmetics; Nail gel; Nail paint; Nail primer; Nail repair preparations; Paraffin wax for cosmetic purposes; Acrylic nail powder preparations for shaping or sculpting nails; Adhesives for affixing false eyebrows; Artificial eyelashes; Beauty lotions; Beauty masks; Cosmetic masks; Cosmetic nail preparations; Cosmetic preparations for nail drying; Cosmetic preparations for removing gel nails, acrylic nails, and nail polish; Cosmetic preparations, namely, firming lotions; Eye lotions; Facial masks; Facial scrubs; Facial beauty masks; False eyebrows; False eyelashes; False nails; Foot masks for skin care; Foot scrubs; Gel eye masks; Hand scrubs; Make-up removing lotions; Make-up removing milk, gel, lotions and creams; Nail polish; Nail polish base coat; Nail polish pens; Nail polish protector in the nature of a thin plastic covering applied to nails; Nail polish remover; Nail polish remover pens; Nail polish top coat; Nail polishing powder; Scrubbing powder; Skin masks
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/16/2018
        FIRST USE IN COMMERCE DATE At least as early as 07/16/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 003
TRACKED TEXT DESCRIPTION
Eyebrow cosmetics; Nail art pens; Eyebrow gel; Nail art stickers; Eyebrow pencils; Nail buffing preparations; Eyebrow powder; Nail care kits comprising nail polish; Lotions for cosmetic purposes; Nail care preparations; Nail care preparations, namely, nail softeners; Nail gel; Nail paint; Nail primer; Nail repair preparations; Nail polish; Nail cosmetics; Nail polish base coat; Nail polish pens; Nail polish protector in the nature of a thin plastic covering applied to nails; Nail polish remover; Nail polish remover pens; Paraffin wax for cosmetic purposes; Nail polish top coat; Acrylic nail powder preparations for shaping or sculpting nails; Nail polishing powder; Adhesives for affixing false eyebrows; Artificial eyelashes; Beauty lotions; Beauty masks; Cosmetic masks; Cosmetic nail preparations; Cosmetic preparations for nail drying; Cosmetic preparations for removing gel nails, acrylic nails, and nail polish; Cosmetic preparations, namely, firming lotions; Eye lotions; Facial masks; Facial scrubs; Facial beauty masks; False eyebrows; False eyelashes; False nails; Foot masks for skin care; Foot scrubs; Gel eye masks; Hand scrubs; Make-up removing lotions; Make-up removing milk, gel, lotions and creams; Scrubbing powder; Skin masks
FINAL DESCRIPTION
Nail art pens; Nail art stickers; Nail buffing preparations; Nail care kits comprising nail polish; Nail care preparations; Nail care preparations, namely, nail softeners; Nail gel; Nail paint; Nail primer; Nail repair preparations; Nail polish; Nail polish base coat; Nail polish pens; Nail polish protector in the nature of a thin plastic covering applied to nails; Nail polish remover; Nail polish remover pens; Nail polish top coat; Nail polishing powder
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/16/2018
       FIRST USE IN COMMERCE DATE At least as early as 07/16/2018
ADDITIONAL STATEMENTS SECTION
COLOR(S) CLAIMED
(If applicable)
The color(s) purple is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the stylized term "ASH" IN PURPLE WHEREIN TWO PURPLE LEAVES ARE ATTACHED TO THE LETTER "A.".
SIGNATURE SECTION
RESPONSE SIGNATURE /H. Danny Kao/
SIGNATORY'S NAME H. Danny Kao
SIGNATORY'S POSITION Attorney of record, New York bar no. 4335931
SIGNATORY'S PHONE NUMBER 5163053717
DATE SIGNED 07/24/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jul 24 17:41:13 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XX-2
0190724174113476738-88155
826-620f99aed62ad25143414
2fac063b9b1af10b14af1ff79
5ebb8183f6ae54451e15-N/A-
N/A-20190724171951292522



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. 88155826 ASH (Stylized and/or with Design, see http://uspto.report/TM/88155826/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_1082920167-20190724171951292522_._ASH_Response_-_final.pdf
Converted PDF file(s) ( 1 page)
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 Eyebrow cosmetics; Eyebrow gel; Eyebrow pencils; Eyebrow powder; Lotions for cosmetic purposes; Nail art pens; Nail art stickers; Nail buffing preparations; Nail care kits comprising nail polish; Nail care preparations; Nail care preparations, namely, nail softeners; Nail cosmetics; Nail gel; Nail paint; Nail primer; Nail repair preparations; Paraffin wax for cosmetic purposes; Acrylic nail powder preparations for shaping or sculpting nails; Adhesives for affixing false eyebrows; Artificial eyelashes; Beauty lotions; Beauty masks; Cosmetic masks; Cosmetic nail preparations; Cosmetic preparations for nail drying; Cosmetic preparations for removing gel nails, acrylic nails, and nail polish; Cosmetic preparations, namely, firming lotions; Eye lotions; Facial masks; Facial scrubs; Facial beauty masks; False eyebrows; False eyelashes; False nails; Foot masks for skin care; Foot scrubs; Gel eye masks; Hand scrubs; Make-up removing lotions; Make-up removing milk, gel, lotions and creams; Nail polish; Nail polish base coat; Nail polish pens; Nail polish protector in the nature of a thin plastic covering applied to nails; Nail polish remover; Nail polish remover pens; Nail polish top coat; Nail polishing powder; Scrubbing powder; Skin masks
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/16/2018 and first used in commerce at least as early as 07/16/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Eyebrow cosmetics; Nail art pens; Eyebrow gel; Nail art stickers; Eyebrow pencils; Nail buffing preparations; Eyebrow powder; Nail care kits comprising nail polish; Lotions for cosmetic purposes; Nail care preparations; Nail care preparations, namely, nail softeners; Nail gel; Nail paint; Nail primer; Nail repair preparations; Nail polish; Nail cosmetics; Nail polish base coat; Nail polish pens; Nail polish protector in the nature of a thin plastic covering applied to nails; Nail polish remover; Nail polish remover pens; Paraffin wax for cosmetic purposes; Nail polish top coat; Acrylic nail powder preparations for shaping or sculpting nails; Nail polishing powder; Adhesives for affixing false eyebrows; Artificial eyelashes; Beauty lotions; Beauty masks; Cosmetic masks; Cosmetic nail preparations; Cosmetic preparations for nail drying; Cosmetic preparations for removing gel nails, acrylic nails, and nail polish; Cosmetic preparations, namely, firming lotions; Eye lotions; Facial masks; Facial scrubs; Facial beauty masks; False eyebrows; False eyelashes; False nails; Foot masks for skin care; Foot scrubs; Gel eye masks; Hand scrubs; Make-up removing lotions; Make-up removing milk, gel, lotions and creams; Scrubbing powder; Skin masksClass 003 for Nail art pens; Nail art stickers; Nail buffing preparations; Nail care kits comprising nail polish; Nail care preparations; Nail care preparations, namely, nail softeners; Nail gel; Nail paint; Nail primer; Nail repair preparations; Nail polish; Nail polish base coat; Nail polish pens; Nail polish protector in the nature of a thin plastic covering applied to nails; Nail polish remover; Nail polish remover pens; Nail polish top coat; Nail polishing powder
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/16/2018 and first used in commerce at least as early as 07/16/2018 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Color Claim
The color(s) purple is/are claimed as a feature of the mark.

Description of mark
The mark consists of the stylized term "ASH" IN PURPLE WHEREIN TWO PURPLE LEAVES ARE ATTACHED TO THE LETTER "A.".

SIGNATURE(S)
Response Signature
Signature: /H. Danny Kao/     Date: 07/24/2019
Signatory's Name: H. Danny Kao
Signatory's Position: Attorney of record, New York bar no. 4335931

Signatory's Phone Number: 5163053717

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: 88155826
Internet Transmission Date: Wed Jul 24 17:41:13 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019072417411347
6738-88155826-620f99aed62ad251434142fac0
63b9b1af10b14af1ff795ebb8183f6ae54451e15
-N/A-N/A-20190724171951292522


Response to Office Action [image/jpeg]


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