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 |
88196441 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK |
http://uspto.report/TM/88196441/mark.png |
LITERAL ELEMENT |
ZILCH |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
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 |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1967868 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
11/13/2018 |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Non-medicated beauty creams; Non-medicated body care preparations;
Non-medicated body care preparations, namely, body scrubs, body washes, moisturising body washes, soaps, shower gel; Non-medicated body care products; Non-medicated body care products, namely, body polish; Non-medicated body sprays;
Non-medicated cleansing creams; Cosmetics in the form of non-medicated lotions; Non-medicated day creams;
Non-medicated day skin creams; Non-medicated hair protection creams; Non-medicated hair protection
lotions; Non-medicated impregnated tissues for toilet purposes; Non-medicated tissues impregnated with skin cleanser for
toilet purposes; Non-medicated cosmetics namely, nail treatment lotions; Non-medicated baby care products; Non-medicated baby care products, namely, baby oils, baby lotions, baby powder; Non-medicated balms; Non-medicated lip and skin balms; Non-medicated bath preparations; Non- medicated beauty preparations; Non- medicated beauty preparations, namely, facial and eye serums, facial and eye creams, lip oil, lip colour, foundation, finishing powder; Non-medicated cleansing lotions; Non-medicated skin cleansing lotions; Non- medicated cleansing
preparations; Non-medicated cleansing preparations; Non-medicated cosmetics; Non- medicated
creams; Non-medicated skin creams; Non-medicated dentifrices; Non-medicated hair care
products; Non-medicated hair care preparations; Non-medicated lotions; Non-medicated skin lotions; Non-medicated moisturisers; Non-medicated skin moisturizers; Non- medicated oils; Non- medicated body oils; Non-medicated products for skin care;
Non-medicated products for skin care, namely, skin care preparations; Non-medicated skin products; Non-medicated skin products, namely, skin lotion, skin ointment, skin cream; Non-medicated toilet soaps; Non-medicated toiletry products; Non-medicated toiletry preparations; Non-medicated preparations for the
skin; Non-medicated preparations for skin care; Non-medicated shampoos; Non-medicated hair shampoos; Non-medicated throat sprays; Washing preparations for personal use; Cosmetic acne cleansers; Non-medicated cosmetic acne cleansers; Cosmetic acne creams; Non-medicated cosmetic acne creams; Cosmetic skin care preparations; Cosmetic skin care products; Cosmetic skin care products, namely, beauty serums, face masks, neck masks, eye masks, skin regenerating creams, gels for wrinkle and scar reduction; Herbal extracts for cosmetic purposes; Topical herbal extracts for cosmetic purposes; Cosmetics for use on the
skin |
FINAL DESCRIPTION |
Non-medicated beauty creams; Non-medicated body care preparations, namely, body scrubs, body washes, moisturising body washes, soaps,
shower gel; Non-medicated body care products, namely, body polish; Non-medicated body sprays; Non-medicated cleansing creams; Cosmetics in the form of non-medicated lotions; Non-medicated day skin
creams; Non-medicated hair protection creams; Non-medicated hair protection lotions; Non-medicated tissues impregnated with skin cleanser for toilet purposes; Non-medicated cosmetics namely, nail
treatment lotions; Non-medicated baby care products, namely, baby oils, baby lotions, baby powder; Non-medicated lip and skin balms; Non-medicated bath preparations; Non- medicated beauty
preparations, namely, facial and eye serums, facial and eye creams, lip oil, lip colour, foundation, finishing powder; Non-medicated skin cleansing lotions; Non-medicated cleansing preparations;
Non-medicated cosmetics; Non-medicated skin creams; Non-medicated dentifrices; Non-medicated hair care preparations; Non-medicated skin lotions; Non-medicated skin moisturizers; Non- medicated body
oils; Non-medicated products for skin care, namely, skin care preparations; Non-medicated skin products, namely, skin lotion, skin ointment, skin cream; Non-medicated toilet soaps; Non-medicated
toiletry preparations; Non-medicated preparations for skin care; Non-medicated hair shampoos; Non-medicated throat sprays; 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, skin regenerating creams, gels
for wrinkle and scar reduction; Topical herbal extracts for cosmetic purposes; Cosmetics for use on the skin |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1967868 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
11/13/2018 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1967868 |
FOREIGN REGISTRATION
COUNTRY |
Australia |
FOREIGN REGISTRATION
DATE |
08/05/2019 |
FOREIGN EXPIRATION DATE |
11/13/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-63240135132-104042250_._ZILCH_1967868_Australia.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\964\88196441\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\964\88196441\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\964\88196441\xml4\ROA0004.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
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 |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1940613 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
07/12/2018 |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
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 conditions |
FINAL DESCRIPTION |
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) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1940613 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
07/12/2018 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1940613 |
FOREIGN REGISTRATION
COUNTRY |
Australia |
FOREIGN REGISTRATION
DATE |
04/11/2019 |
FOREIGN EXPIRATION DATE |
07/12/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-63240135132-104042250_._ZILCH_1940613_Australia.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\964\88196441\xml4\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\964\88196441\xml4\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\964\88196441\xml4\ROA0007.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
ATTORNEY SECTION (current) |
NAME |
Fred W. Hathaway |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
DICKINSON WRIGHT PLLC |
STREET |
1825 EYE STREET, N.W., SUITE 900 |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20006 |
COUNTRY |
US |
PHONE |
202-659-6930 |
FAX |
844-670-6009 |
EMAIL |
dwtrademarks@dickinsonwright.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
85898-1 |
ATTORNEY SECTION (proposed) |
NAME |
Fred W. Hathaway |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
DICKINSON WRIGHT PLLC |
STREET |
1825 EYE STREET, N.W., SUITE 900 |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20006 |
COUNTRY |
United States |
PHONE |
202-659-6930 |
FAX |
844-670-6009 |
EMAIL |
dwtrademarks@dickinsonwright.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
85898-1 |
CORRESPONDENCE SECTION (current) |
NAME |
FRED W. HATHAWAY |
FIRM NAME |
DICKINSON WRIGHT PLLC |
STREET |
1825 EYE STREET, N.W., SUITE 900 |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20006 |
COUNTRY |
US |
PHONE |
202-659-6930 |
FAX |
844-670-6009 |
EMAIL |
dwtrademarks@dickinsonwright.com; fhathaway@dickinsonwright.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
85898-1 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Fred W. Hathaway |
FIRM NAME |
DICKINSON WRIGHT PLLC |
STREET |
1825 EYE STREET, N.W., SUITE 900 |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20006 |
COUNTRY |
United States |
PHONE |
202-659-6930 |
FAX |
844-670-6009 |
EMAIL |
dwtrademarks@dickinsonwright.com; fhathaway@dickinsonwright.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
85898-1 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/FWH/ |
SIGNATORY'S NAME |
Fred. W. Hathaway |
SIGNATORY'S POSITION |
Attorney of Record, State of Maine Bar Member |
SIGNATORY'S PHONE NUMBER |
(202) 659-6930 |
DATE SIGNED |
08/15/2019 |
RESPONSE SIGNATURE |
/FWH/ |
SIGNATORY'S NAME |
Fred W. Hathaway |
SIGNATORY'S POSITION |
Attorney of Record, State of Maine Bar Member |
SIGNATORY'S PHONE NUMBER |
202-659-6930 |
DATE SIGNED |
08/15/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Aug 15 10:52:17 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190815105217134465-8819
6441-61038ba4976a5416e1f9
1105f4436d81e86fd8648c41a
4d56d7176e2f4828e2-N/A-N/
A-20190815104042250783 |
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.
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 scrubs, body washes, moisturising body washes, soaps, shower gel;
Non-medicated body care
products;
Non-medicated body care products, namely, body polish;
Non-medicated body sprays;
Non-medicated
cleansing creams;
Cosmetics in the form of non-medicated lotions;
Non-medicated day creams;
Non-medicated day skin creams;
Non-medicated hair protection creams;
Non-medicated hair protection lotions;
Non-medicated impregnated tissues for toilet purposes;
Non-medicated tissues impregnated with skin cleanser for toilet purposes;
Non-medicated cosmetics namely, nail treatment lotions;
Non-medicated baby care products;
Non-medicated baby care products, namely, baby oils, baby lotions, baby powder;
Non-medicated balms;
Non-medicated lip and skin balms;
Non-medicated bath preparations;
Non- medicated beauty preparations;
Non- medicated beauty preparations, namely, facial and eye serums, facial and eye creams, lip oil, lip colour, foundation, finishing powder;
Non-medicated cleansing lotions;
Non-medicated skin cleansing lotions;
Non- medicated cleansing
preparations;
Non-medicated cleansing preparations;
Non-medicated cosmetics;
Non- medicated
creams;
Non-medicated skin creams;
Non-medicated dentifrices;
Non-medicated hair care
products;
Non-medicated hair care preparations;
Non-medicated lotions;
Non-medicated skin lotions;
Non-medicated moisturisers;
Non-medicated skin moisturizers;
Non- medicated oils;
Non- medicated body oils;
Non-medicated products for skin care;
Non-medicated products for skin care, namely, skin care preparations;
Non-medicated skin products;
Non-medicated skin products, namely, skin lotion, skin ointment, skin cream;
Non-medicated toilet soaps;
Non-medicated toiletry products;
Non-medicated toiletry preparations;
Non-medicated preparations for the
skin;
Non-medicated preparations for skin care;
Non-medicated shampoos;
Non-medicated hair shampoos;
Non-medicated throat sprays;
Washing preparations for personal use;
Cosmetic acne cleansers;
Non-medicated cosmetic acne cleansers;
Cosmetic acne creams;
Non-medicated cosmetic acne creams;
Cosmetic skin care preparations;
Cosmetic skin care products;
Cosmetic skin care products, namely, beauty serums, face masks, neck masks, eye masks, skin regenerating creams, gels for wrinkle and scar reduction;
Herbal extracts for cosmetic purposes;
Topical herbal extracts for cosmetic purposes;
Cosmetics for use on the
skinClass 003 for Non-medicated beauty creams; Non-medicated body care preparations, namely, body scrubs, body washes, moisturising body washes, soaps, shower gel; Non-medicated body care
products, namely, body polish; Non-medicated body sprays; Non-medicated cleansing creams; Cosmetics in the form of non-medicated lotions; Non-medicated day skin creams; Non-medicated hair protection
creams; Non-medicated hair protection lotions; Non-medicated tissues impregnated with skin cleanser for toilet purposes; Non-medicated cosmetics namely, nail treatment lotions; Non-medicated baby
care products, namely, baby oils, baby lotions, baby powder; Non-medicated lip and skin balms; Non-medicated bath preparations; Non- medicated beauty preparations, namely, facial and eye serums,
facial and eye creams, lip oil, lip colour, foundation, finishing powder; Non-medicated skin cleansing lotions; Non-medicated cleansing preparations; Non-medicated cosmetics; Non-medicated skin
creams; Non-medicated dentifrices; Non-medicated hair care preparations; Non-medicated skin lotions; Non-medicated skin moisturizers; Non- medicated body oils; Non-medicated products for skin care,
namely, skin care preparations; Non-medicated skin products, namely, skin lotion, skin ointment, skin cream; Non-medicated toilet soaps; Non-medicated toiletry preparations; Non-medicated
preparations for skin care; Non-medicated hair shampoos; Non-medicated throat sprays; 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, skin regenerating creams, gels for wrinkle 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 1967868 registered 08/05/2019
with a renewal date of __________ and an expiration date of 11/13/2028 ], 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.
Original PDF file:
FRU0-63240135132-104042250_._ZILCH_1967868_Australia.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 1940613 registered 04/11/2019
with a renewal date of __________ and an expiration date of 07/12/2028 ], 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.
Original PDF file:
FRU1-63240135132-104042250_._ZILCH_1940613_Australia.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
The applicant's current attorney information: Fred W. Hathaway. Fred W. Hathaway of DICKINSON WRIGHT PLLC, is located at
1825 EYE STREET, N.W., SUITE 900
WASHINGTON, District of Columbia 20006
US
The docket/reference number is 85898-1.
The phone number is 202-659-6930.
The fax number is 844-670-6009.
The email address is dwtrademarks@dickinsonwright.com
The applicants proposed attorney information: Fred W. Hathaway. Fred W. Hathaway of DICKINSON WRIGHT PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
1825 EYE STREET, N.W., SUITE 900
WASHINGTON, District of Columbia 20006
United States
The docket/reference number is 85898-1.
The phone number is 202-659-6930.
The fax number is 844-670-6009.
The email address is dwtrademarks@dickinsonwright.com
Fred W. Hathaway submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: FRED W. HATHAWAY. FRED W. HATHAWAY of DICKINSON WRIGHT PLLC, is located at
1825 EYE STREET, N.W., SUITE 900
WASHINGTON, District of Columbia 20006
US
The docket/reference number is 85898-1.
The phone number is 202-659-6930.
The fax number is 844-670-6009.
The email address is dwtrademarks@dickinsonwright.com; fhathaway@dickinsonwright.com
The applicants proposed correspondence information: Fred W. Hathaway. Fred W. Hathaway of DICKINSON WRIGHT PLLC, is located at
1825 EYE STREET, N.W., SUITE 900
WASHINGTON, District of Columbia 20006
United States
The docket/reference number is 85898-1.
The phone number is 202-659-6930.
The fax number is 844-670-6009.
The email address is dwtrademarks@dickinsonwright.com; fhathaway@dickinsonwright.com
SIGNATURE(S)
Declaration Signature
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.
Signature: /FWH/ Date: 08/15/2019
Signatory's Name: Fred. W. Hathaway
Signatory's Position: Attorney of Record, State of Maine Bar Member
Signatory's Phone Number: (202) 659-6930
Response Signature
Signature: /FWH/ Date: 08/15/2019
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.
Mailing Address: FRED W. HATHAWAY
DICKINSON WRIGHT PLLC
1825 EYE STREET, N.W., SUITE 900
WASHINGTON, District of Columbia 20006
Mailing Address: Fred W. Hathaway
DICKINSON WRIGHT PLLC
1825 EYE STREET, N.W., SUITE 900
WASHINGTON, District of Columbia 20006
Serial Number: 88196441
Internet Transmission Date: Thu Aug 15 10:52:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908151052171
34465-88196441-61038ba4976a5416e1f91105f
4436d81e86fd8648c41a4d56d7176e2f4828e2-N
/A-N/A-20190815104042250783