| 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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| SERIAL NUMBER | 88171486 |
| LAW OFFICE ASSIGNED | LAW OFFICE 118 |
| MARK SECTION | |
| MARK FILE NAME | https://tmng-al.uspto.gov/resting2/api/img/88171486/large |
| LITERAL ELEMENT | MILANO |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
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COLOR(S) CLAIMED (If applicable) | The color(s) red, black, white is/are claimed as a feature of the mark. |
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DESCRIPTION OF THE MARK (and Color Location, if applicable) | The mark consists of The design is a woman with large black hat with red bow and red lips with the word MILANO beneath. Fine Anti Aging Solutions. |
| ARGUMENT(S) | |
| Our products are manufactured in China by Concord Medical Limited. They may be reached at Ph (852)3452 5676 or Fax (852)3542 5676. Their website address is http://concord-medical.com Our boxes are manufactured also in China and all have our logo. We receive the product via international carrier at our address 7215 Alafia Ridge Rd Riverview, FL 33569. After inspection it is shipped to Amazon to their fulfillment center in Charlotte NC and then distributed across the country. The logo appears throughout our sales process. It appears on the Amazon main listing page, on each of our boxes, as well as every piece of merchandise. We would also offer a disclaimer for the words "fine anti-aging solutions" that appears under our logo. Thank you for your assistance in this matter Tim Wilson Windemere Products LLC | |
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | \\TICRS\EXPORT17\IMAGEOUT 17\881\714\88171486\xml6\ ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | Answers to requests were given in different part of the application. |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 003 |
| DESCRIPTION | |
| Cosmetics sold as an integral component of non-medicated skincare preparations | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 08/01/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 08/15/2018 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 003 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Cosmetics sold as an integral component of non-medicated skincare preparations. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 08/01/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 08/15/2018 |
| STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT17\IMAGEOUT 17\881\714\88171486\xml6\ ROA0003.JPG |
| \\TICRS\EXPORT17\IMAGEOUT 17\881\714\88171486\xml6\ ROA0004.JPG | |
| SPECIMEN DESCRIPTION | This is the main advertising piece on Amazons listing catalogue. The second specimen is a picture of our packaging with logo on box. We also use it on each box and each piece of merchandise. |
| FILING BASIS | Section 1(b) |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use "fine anti-aging solutions" apart from the mark as shown. |
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COLOR(S) CLAIMED (If applicable) | The color(s) black red is/are claimed as a feature of the mark. |
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DESCRIPTION OF THE MARK (and Color Location, if applicable) | The mark consists of black hat with red box and red lips. |
| SIGNIFICANCE OF MARK | MILANO appearing in the mark means or signifies or is a term of art for Branding in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application. MILANO appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) MILANO has no meaning in a foreign language. |
| SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE | The mark has become distinctive of the goods/services, as demonstrated by the attached evidence. |
| 2(f) EVIDENCE FILE NAME(S) | \\TICRS\EXPORT17\IMAGEOUT 17\881\714\88171486\xml6\ ROA0005.JPG |
| NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) | The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Timothy J Wilson/ |
| SIGNATORY'S NAME | /Timothy J Wilson/ |
| SIGNATORY'S POSITION | Owner |
| SIGNATORY'S PHONE NUMBER | 813-391-0236 |
| DATE SIGNED | 05/21/2019 |
| RESPONSE SIGNATURE | /Judy W Wilson/ |
| SIGNATORY'S NAME | /Timothy Wilson/ |
| SIGNATORY'S POSITION | Owner |
| SIGNATORY'S PHONE NUMBER | 813-391-0236 |
| DATE SIGNED | 05/21/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue May 21 14:35:21 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20190521143521191618-8817 1486-620583c56477bd52bd09 eb28126ec7b9216f4630983b5 92aa0916c2842f694cf3f-N/A -N/A-20190521135143123598 |
| 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) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.