TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

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:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Australia registration number 1967868 registered 08/05/2019, with a renewal date of __________ and an expiration date of 11/13/2031, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_63240135132-133846765_._ZILCH_1967868_Australia.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
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, namely body washes; Non-medicated body care products, namely, Non-medicated cleansing creams; Cosmetics in the form of non-medicated lotions; Non-medicated day skin creams; Non-medicated lip and skin balms; Non- medicated beauty preparations, namely, facial and eye serums, facial and eye creams; Non-medicated skin cleansing lotions; Non- medicated cleansing preparations; Non-medicated cosmetics; Non- medicated skin creams; Non-medicated dentifrices; Non-medicated skin lotions; Non-medicated skin moisturizers; Non-medicated products for skin care, namely, skin care preparations; Non-medicated skin products, namely, skin lotion, skin ointment, skin cream; Non-medicated preparations for skin care; Washing preparations for personal use; Non-medicated cosmetic acne cleansers; Non-medicated cosmetic acne creams; Cosmetic skin care preparations; Cosmetic skin care products, namely, beauty serums, face masks, neck masks, eye masks, and scar reduction; Topical herbal extracts for cosmetic purposes; Cosmetics for use on the skin
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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, namely body washes; Non-medicated body care products, namely, Non-medicated cleansing creams; Cosmetics in the form of non-medicated lotions; Non-medicated day skin creams; Non-medicated lip and skin balms; Non- medicated beauty preparations, namely, facial and eye serums, facial and eye creams; Non-medicated skin cleansing lotions; Non- medicated cleansing preparations; Non-medicated cosmetics; Non- medicated skin creams; Non-medicated dentifrices; Non-medicated skin lotions; Non-medicated skin moisturizers; Non-medicated products for skin care, namely, skin care preparations; Non-medicated skin products, namely, skin lotion, skin ointment, skin cream; Non-medicated preparations for skin care; Washing preparations for personal use; Non-medicated cosmetic acne cleansers; Non-medicated cosmetic acne creams; Cosmetic skin care preparations; Cosmetic skin care products, namely, beauty serums, face masks, neck masks, eye masks, and scar reduction; Cosmetic skin care products, namely, beauty serums, face masks, neck masks, eye masks, and creams for scar reduction; 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 washes; Non-medicated body care products, namely, Non-medicated cleansing creams; Cosmetics in the form of non-medicated lotions; Non-medicated day skin creams; Non-medicated lip and skin balms; Non- medicated beauty preparations, namely, facial and eye serums, facial and eye creams; Non-medicated skin cleansing lotions; Non- medicated cleansing preparations; Non-medicated cosmetics; Non- medicated skin creams; Non-medicated dentifrices; Non-medicated skin lotions; Non-medicated skin moisturizers; Non-medicated products for skin care, namely, skin care preparations; Non-medicated skin products, namely, skin lotion, skin ointment, skin cream; Non-medicated preparations for skin care; Washing preparations for personal use; Non-medicated cosmetic acne cleansers; Non-medicated cosmetic acne creams; Cosmetic skin care preparations; Cosmetic skin care products, namely, beauty serums, face masks, neck masks, eye masks, and creams for scar reduction; Topical herbal extracts for cosmetic purposes; Cosmetics for use on the skin
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Australia registration number 1967868 registered 08/05/2019 with a renewal date of __________ and an expiration date of 11/13/2031 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-63240135132-133846765_._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, 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
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Australia application number 1940613 filed 07/12/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 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: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Australia registration number 1940613 registered 04/11/2019 with a renewal date of __________ and an expiration date of 07/12/2031 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-63240135132-133846765_._ZILCH_1940613_Australia.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3


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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: 10/09/2019
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 Suspension Inquiry Signature
Signature: /FWH/     Date: 10/09/2019
Signatory's Name: Fred W. Hathaway
Signatory's Position: Attorney of Record, State of Maine Bar Member
Signatory's Phone Number: 202-659-6930

        
Serial Number: 88196441
Internet Transmission Date: Wed Oct 09 14:59:48 EDT 2019
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XXX-201910091459488
62295-88196441-610274b81a8fd47d17eea1eb1
881a38a045d592e1e4bdd957a62dcaff3b37209e
-N/A-N/A-20191009133846765802