Preliminary Amendment

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 1966 (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 1966 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88196441 ZILCH(Standard Characters, see http://uspto.report/TM/88196441/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Non-medicated beauty creams; Non-medicated body care preparations; Non-medicated body care products; Non-medicated body sprays; Non-medicated cleansing creams; Cosmetics in the form of non-medicated lotions; Non-medicated day creams; Non-medicated hair protection creams; Non-medicated hair protection lotions; Non-medicated impregnated tissues for toilet purposes; Non-medicated cosmetics namely, nail treatment lotions; Non-medicated baby care products; Non-medicated balms; Non-medicated bath preparations; Non- medicated beauty preparations; Non-medicated cleansing lotions; Non- medicated cleansing preparations; Non-medicated cosmetics; Non- medicated creams; Non-medicated dentifrices; Non-medicated hair care products; Non-medicated lotions; Non-medicated moisturisers; Non- medicated oils; Non-medicated products for skin care; Non-medicated skin products; Non-medicated toilet soaps; Non-medicated toiletry products; Non-medicated preparations for the skin; Non-medicated shampoos; Non-medicated throat sprays; Washing preparations for personal use; Cosmetic acne cleansers; Cosmetic acne creams; Cosmetic skin care preparations; Cosmetic skin care products; Herbal extracts for cosmetic purposes; Cosmetics for use on the skin
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(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 1967868 filed 11/13/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Non-medicated beauty creams; Non-medicated body care preparations; Non-medicated body care preparations, namely body washes; Non-medicated body care products; Non-medicated body care products, namely, Non-medicated cleansing creams; Non-medicated body sprays; Cosmetics in the form of non-medicated lotions; Non-medicated cleansing creams; Non-medicated day skin creams; Non-medicated lip and skin balms; Non-medicated day creams; Non- medicated beauty preparations, namely, facial and eye serums, facial and eye creams; Non-medicated hair protection creams; Non-medicated skin cleansing lotions; Non-medicated hair protection lotions; Non- medicated cleansing preparations; Non-medicated impregnated tissues for toilet purposes; Non-medicated cosmetics; Non-medicated cosmetics namely, nail treatment lotions; Non- medicated skin creams; Non-medicated baby care products; Non-medicated dentifrices; Non-medicated balms; Non-medicated skin lotions; Non-medicated bath preparations; Non-medicated skin moisturizers; Non- medicated beauty preparations; Non-medicated products for skin care, namely, skin care preparations; Non-medicated cleansing lotions; Non-medicated skin products, namely, skin lotion, skin ointment, skin cream; Non-medicated preparations for skin care; Washing preparations for personal use; Non- medicated creams; Non-medicated cosmetic acne cleansers; Non-medicated cosmetic acne creams; Non-medicated hair care products; Cosmetic skin care preparations; Non-medicated lotions; Cosmetic skin care products, namely, beauty serums, face masks, neck masks, eye masks, and scar reduction; Non-medicated moisturisers; Topical herbal extracts for cosmetic purposes; Non- medicated oils; Cosmetics for use on the skin; Non-medicated products for skin care; Non-medicated skin products; Non-medicated toilet soaps; Non-medicated toiletry products; Non-medicated preparations for the skin; Non-medicated shampoos; Non-medicated throat sprays; Cosmetic acne cleansers; Cosmetic acne creams; Cosmetic skin care products; Herbal extracts for cosmetic purposesClass 003 for Non-medicated beauty creams; Non-medicated body care preparations, namely body washes; Non-medicated body care products, namely, Non-medicated cleansing creams; Cosmetics in the form of non-medicated lotions; Non-medicated day skin creams; Non-medicated lip and skin balms; Non- medicated beauty preparations, namely, facial and eye serums, facial and eye creams; Non-medicated skin cleansing lotions; Non- medicated cleansing preparations; Non-medicated cosmetics; Non- medicated skin creams; Non-medicated dentifrices; Non-medicated skin lotions; Non-medicated skin moisturizers; Non-medicated products for skin care, namely, skin care preparations; Non-medicated skin products, namely, skin lotion, skin ointment, skin cream; Non-medicated preparations for skin care; Washing preparations for personal use; Non-medicated cosmetic acne cleansers; Non-medicated cosmetic acne creams; Cosmetic skin care preparations; Cosmetic skin care products, namely, beauty serums, face masks, neck masks, eye masks, and scar reduction; Topical herbal extracts for cosmetic purposes; Cosmetics for use on the skin
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(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1967868 filed 11/13/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations namely, acne cleansers; pharmaceutical preparations namely, acne creams; Acne treatment preparations; Products in gel form for the treatment of acne; Pharmaceutical preparations for the treatment of pimples; Pharmaceutical preparations for use in the treatment of pimples; Herbal beverages for medicinal use; Herbal compounds for medicinal use; Herbal dietary supplements; Herbal extracts for medicinal purposes; Herbal infusions for medicinal use; Herbal medicine; Herbal preparations for medicinal purposes; Herbal preparations for use in medicine; Herbal remedies; Medicated body care products; Medicated body creams; Medicated dermatological creams; Medicated cleansing preparations for the skin; Medicated creams for the body; Medicated creams for the skin; Medicated lotions for the body; Medicated ointments for application to the skin; Medicated skin creams; Medicated natural body care products for the skin; Medicated skin care lotions; Medicated skin care products; Medicated skin creams; Medicine; Medicines in tablet form; Tablets for medicines
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(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 1940613 filed 07/12/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Pharmaceutical preparations namely, acne cleansers; Pharmaceutical preparations namely, medicated acne cleansers; pharmaceutical preparations namely, acne creams; pharmaceutical preparations namely, medicated acne creams; Acne treatment preparations; Products in gel form for the treatment of acne; Non-medicated skin gels for the treatment of acne; Pharmaceutical preparations for the treatment of pimples; Pharmaceutical preparations for use in the treatment of pimples; Herbal beverages for medicinal use; Nutritionally fortified herbal beverages for medicinal use; Herbal compounds for medicinal use; Herbal compounds in the nature of supplements for medicinal use; Herbal dietary supplements; Herbal extracts for medicinal purposes; Herbal infusions for medicinal use; Herbal dietetic infusions for medicinal use; Herbal medicine; Herbal medicine in the nature of medicinal herbal preparations; Herbal preparations for medicinal purposes; Herbal preparations for use in medicine; Medicinal herbal preparations; Herbal remedies; Herbal remedies, namely, herbal supplements; Medicated body care products; Medicated body care products, namely body powder; Medicated body creams; Medicated dermatological creams; Medicated cleansing preparations for the skin; Medicated creams for the body; Medicated creams for the skin; Medicated lotions for the body; Medicated ointments for application to the skin; Medicated skin creams; Medicated natural body care products for the skin; Medicated natural body care products for the skin, namely skin balm; Medicated skin care lotions; Medicated skin care products; Medicated skin care products, namely, lotions; Medicated skin creams; Medicine; Medicines for the treatment of acne and skin conditions; Medicines in tablet form; Medicines in tablet form for the treatment of acne and skin conditions; Tablets for medicines; Tablets for medicines for use in the treatment of acne and skin conditionsClass 005 for Pharmaceutical preparations namely, medicated acne cleansers; pharmaceutical preparations namely, medicated acne creams; Acne treatment preparations; Non-medicated skin gels for the treatment of acne; Pharmaceutical preparations for the treatment of pimples; Pharmaceutical preparations for use in the treatment of pimples; Nutritionally fortified herbal beverages for medicinal use; Herbal compounds in the nature of supplements for medicinal use; Herbal dietary supplements; Herbal extracts for medicinal purposes; Herbal dietetic infusions for medicinal use; Herbal medicine in the nature of medicinal herbal preparations; Herbal preparations for medicinal purposes; Medicinal herbal preparations; Herbal remedies, namely, herbal supplements; Medicated body care products, namely body powder; Medicated body creams; Medicated dermatological creams; Medicated cleansing preparations for the skin; Medicated creams for the body; Medicated creams for the skin; Medicated lotions for the body; Medicated ointments for application to the skin; Medicated skin creams; Medicated natural body care products for the skin, namely skin balm; Medicated skin care lotions; Medicated skin care products, namely, lotions; Medicated skin creams; Medicines for the treatment of acne and skin conditions; Medicines in tablet form for the treatment of acne and skin conditions; Tablets for medicines for use in the treatment of acne and skin conditions
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(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1940613 filed 07/12/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

SIGNATURE(S)
Voluntary Amendment Signature
Signature: /FWH/     Date: 08/21/2019
Signatory's Name: Fred W. Hathaway
Signatory's Position: Attorney of Record, State of Maine Bar Member

Signatory's Phone Number: (202) 659-6930

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88196441
Internet Transmission Date: Wed Aug 21 15:18:08 EDT 2019
TEAS Stamp: USPTO/PRA-XX.XXX.XXX.XXX-201908211518081
66226-88196441-610d0e17ed686f3d64f5a8e3d
49c91faf114d1c4c9afaaa28d9961ac166dfe79c
-N/A-N/A-20190821094117470531