Response to Office Action

ZILCH

VT CM Pty Ltd

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 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


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