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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88198833 THOUGHTFULLY FORMULATED(Standard Characters, see http://uspto.report/TM/88198833/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 Cosmetics; articles for beauty care, namely, body and beauty care cosmetics; beauty care products, namely, beauty balms, beauty lotions, beauty soaps and gel, and face and body beauty creams; non- medicated cosmetics; skincare cosmetics; natural body care products for the skin, namely, body lotions, shower gels, cuticle creams, shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and foot scrubs; non-medicated skin care beauty products, namely, body lotions, shower gels, cuticle creams, shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and food scrubs; non- medicated skin care preparations, namely, creams, lotions, gels, toners, skin cleansers, facial cleansers, peels, acne treatment preparations and anti-aging serums; cosmetics and cosmetic preparations for the eyes and skin; cosmetics in the form of powders, rouge, creams, gels, lotions and milks; colors for cosmetic purposes, namely, coloring preparations for cosmetic purposes; make-up kits comprised of cosmetics and cosmetic preparations; lipsticks; make-up; cosmetic bath products, namely, body lotions, shower gels, soaps, body scrubs, shampoos and conditioners; cosmetics preparations; essential oils for use in cosmetics; almond lotion and milk for cosmetic purposes; hair cosmetics; body, facial and cosmetics moisturizers; hair moisturizers and lotions; nail care products, namely, non-medicated cuticle creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishes, nail enamels and nail polish removers; cosmetic nourishing creams; oils for the body; cleansers for the face; cleansing creams, lotion, foam and gels; preparations for removing cosmetics; sun blocking and sun-tanning preparations; sun blocking creams, gels, lipstick, lotion and oils; body creams; facial care products, namely, face creams and lotions for cosmetic use; collagen preparations for cosmetic application; cosmetic preparations for use in sun tanning; facial packs comprised of cleansers, toners, creams, and lotions; facial scrubs; sprays for use on the body; decorative transfers and skin jewels for cosmetic purposes; sun care preparations; sun-tanning preparations; bath oils for cosmetic purposes; flower essences for cosmetic purposes; essential oils and exfoliants for the care of the skin; soap; cosmetic preparations for baths; oils for perfumes and scents; perfumes; shampoos; cleansers for the face; skin cleansers; beauty masks; facial masks; creams for firming the skin; creams for whitening the skin; pedicure preparations, namely, non-medicated cuticle creams, non-medicated foot creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishers, nail enamels and nail polish removers; aromatic body care products, namely, body lotion, shower gel, cuticle cream, shampoo, conditioner, non-medicated lip balm, soap, body polish, body and foot scrub and non-medicated foot cream; bath salts, not for medical purposes; bergamot, lavender and jasmine oils; tissues impregnated with cosmetic lotions; make-up preparations; nail care preparations; oils for cleaning purposes; cosmetic pencils; petroleum jelly and pomades for cosmetic purposes; perfumes, eau de colognes and aftershaves; non-medicated toiletries; cotton buds, puffs, balls and swabs for cosmetic use; essential oils for cosmetic purposes; glitter for cosmetic purposes; hair tonics; hair tonics based on plant extracts; cosmetic toning creams; toy cosmetics, namely, lipsticks, eye shadows, rouges, blushers, and children's scented spray, all for use on toys and dolls, and other goods in this class
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.

Proposed:
Tracked Text Description: Cosmetics; articles for beauty care, namely, body and beauty care cosmetics; beauty care products, namely, beauty balms, beauty lotions, beauty soaps and gel, and face and body beauty creams; non- medicated cosmetics; skincare cosmetics; natural body care products for the skin, namely, body lotions, shower gels, cuticle creams, shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and foot scrubs; non-medicated skin care beauty products, namely, body lotions, shower gels, cuticle creams, shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and food scrubs; non-medicated skin care beauty products, namely, body lotions, shower gels, cuticle creams, shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and foot scrubs; non- medicated skin care preparations, namely, creams, lotions, gels, toners, skin cleansers, facial cleansers, peels, acne treatment preparations and anti-aging serums; non- medicated skin care preparations, namely, creams, lotions, gels, toners, skin cleansers, facial cleansers, peels, and anti-aging serums; cosmetics and cosmetic preparations for the eyes and skin; cosmetics in the form of powders, rouge, creams, gels, lotions and milks; cosmetics in the form of powders, rouge, creams, gels, lotions, and milks; colors for cosmetic purposes, namely, coloring preparations for cosmetic purposes; make-up kits comprised of cosmetics and cosmetic preparations; make-up kits comprised of cosmetics and cosmetic preparations being lipsticks, eyeshadows; lipsticks; make-up; cosmetic bath products, namely, body lotions, shower gels, soaps, body scrubs, shampoos and conditioners; cosmetic bath products, namely, body lotions, shower gels, non-medicated soaps, body scrubs, shampoos, and conditioners; cosmetics preparations; essential oils for use in cosmetics; almond lotion and milk for cosmetic purposes; hair cosmetics; cosmetic preparations for the hair; body, facial and cosmetics moisturizers; body and facial moisturizers used as cosmetics; hair moisturizers and lotions; nail care products, namely, non-medicated cuticle creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishes, nail enamels and nail polish removers; nail care products, namely, non-medicated cuticle creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishes, nail enamels, and nail polish removers; cosmetic nourishing creams; oils for the body; cleansers for the face; cleansing creams, lotion, foam and gels; cleansing creams, lotion, foam, bath gels; preparations for removing cosmetics; sun blocking and sun-tanning preparations; sun blocking preparations being creams, gels, lipstick, lotion, and oils; sun blocking creams, gels, lipstick, lotion and oils; body creams; facial care products, namely, face creams, and lotions for cosmetic use; facial care products, namely, face creams and lotions for cosmetic use; collagen preparations for cosmetic application; cosmetic preparations for use in sun tanning; facial cosmetic preparation kits comprised of cleansers, toners, creams, and lotions; facial packs comprised of cleansers, toners, creams, and lotions; facial scrubs; sprays for use on the body; decorative transfers and skin jewels for cosmetic purposes; non-medicated}sun care preparations; sun care preparations; sun-tanning preparations; bath oils for cosmetic purposes; flower essences for cosmetic purposes; essential oils and non-medicated exfoliants for the care of the skin; essential oils and exfoliants for the care of the skin; non-medicated soap; soap; cosmetic preparations for baths; oils for perfumes and scents; perfumes; shampoos; skin cleansers; cleansers for the face; beauty masks; facial masks; creams for firming the skin; creams for whitening the skin; pedicure preparations, namely, non-medicated cuticle creams, non-medicated foot creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishers, nail enamels, and nail polish removers; aromatic body care products, namely, body lotion, shower gel, cuticle cream, shampoo, conditioner, non-medicated lip balm, soap, body polish, body and foot scrub, and non-medicated foot cream; pedicure preparations, namely, non-medicated cuticle creams, non-medicated foot creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishers, nail enamels and nail polish removers; bath salts, not for medical purposes; aromatic body care products, namely, body lotion, shower gel, cuticle cream, shampoo, conditioner, non-medicated lip balm, soap, body polish, body and foot scrub and non-medicated foot cream; bergamot, lavender, and jasmine oils; tissues impregnated with cosmetic lotions; bergamot, lavender and jasmine oils; make-up preparations; nail care preparations; oils for cleaning purposes; cosmetic pencils; petroleum jelly and pomades for cosmetic purposes; perfumes, eau de colognes, and aftershaves; non-medicated toiletry preparations; perfumes, eau de colognes and aftershaves; cotton buds, puffs, balls, and swabs for cosmetic use; non-medicated toiletries; essential oils for cosmetic purposes; cotton buds, puffs, balls and swabs for cosmetic use; glitter for cosmetic purposes; hair tonics; hair tonics based on plant extracts; cosmetic toning creams; toy cosmetics, namely, lipsticks, eye shadows, rouges, blushers, and children's scented spray, all for use on toys and dolls, and other goods in this classClass 003 for Cosmetics; articles for beauty care, namely, body and beauty care cosmetics; beauty care products, namely, beauty balms, beauty lotions, beauty soaps and gel, and face and body beauty creams; non- medicated cosmetics; skincare cosmetics; natural body care products for the skin, namely, body lotions, shower gels, cuticle creams, shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and foot scrubs; non-medicated skin care beauty products, namely, body lotions, shower gels, cuticle creams, shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and foot scrubs; non- medicated skin care preparations, namely, creams, lotions, gels, toners, skin cleansers, facial cleansers, peels, and anti-aging serums; cosmetics and cosmetic preparations for the eyes and skin; cosmetics in the form of powders, rouge, creams, gels, lotions, and milks; colors for cosmetic purposes, namely, coloring preparations for cosmetic purposes; make-up kits comprised of cosmetics and cosmetic preparations being lipsticks, eyeshadows; lipsticks; make-up; cosmetic bath products, namely, body lotions, shower gels, non-medicated soaps, body scrubs, shampoos, and conditioners; cosmetics preparations; essential oils for use in cosmetics; almond lotion and milk for cosmetic purposes; cosmetic preparations for the hair; body and facial moisturizers used as cosmetics; hair moisturizers and lotions; nail care products, namely, non-medicated cuticle creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishes, nail enamels, and nail polish removers; cosmetic nourishing creams; oils for the body; cleansers for the face; cleansing creams, lotion, foam, bath gels; sun blocking and sun-tanning preparations; sun blocking preparations being creams, gels, lipstick, lotion, and oils; body creams; facial care products, namely, face creams, and lotions for cosmetic use; collagen preparations for cosmetic application; cosmetic preparations for use in sun tanning; facial cosmetic preparation kits comprised of cleansers, toners, creams, and lotions; facial scrubs; sprays for use on the body; decorative transfers and skin jewels for cosmetic purposes; non-medicated}sun care preparations; sun-tanning preparations; bath oils for cosmetic purposes; flower essences for cosmetic purposes; essential oils and non-medicated exfoliants for the care of the skin; non-medicated soap; cosmetic preparations for baths; oils for perfumes and scents; perfumes; shampoos; skin cleansers; beauty masks; facial masks; creams for firming the skin; creams for whitening the skin; pedicure preparations, namely, non-medicated cuticle creams, non-medicated foot creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishers, nail enamels, and nail polish removers; aromatic body care products, namely, body lotion, shower gel, cuticle cream, shampoo, conditioner, non-medicated lip balm, soap, body polish, body and foot scrub, and non-medicated foot cream; bath salts, not for medical purposes; bergamot, lavender, and jasmine oils; tissues impregnated with cosmetic lotions; make-up preparations; nail care preparations; oils for cleaning purposes; cosmetic pencils; petroleum jelly and pomades for cosmetic purposes; perfumes, eau de colognes, and aftershaves; non-medicated toiletry preparations; cotton buds, puffs, balls, and swabs for cosmetic use; essential oils for cosmetic purposes; glitter for cosmetic purposes; hair tonics; hair tonics based on plant extracts; cosmetic toning creams
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.

The applicant's current attorney information: Larry Miller. Larry Miller of FEDER KASZOVITZ LLP, is located at

      845 THIRD AVE, 11TH FLOOR
      NEW YORK, New York 10022
      US
The docket/reference number is 11018thoughf.

The phone number is 212-888-8200 x5410.

The fax number is 212-888-7776.

The email address is lmiller@fedkas.com

The applicants proposed attorney information: Larry Miller. Other appointed attorneys are Geoffrey Bass. Larry Miller of FEDER KASZOVITZ LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      845 THIRD AVE, 11TH FLOOR
      NEW YORK, New York 10022
      United States
The docket/reference number is 11018thoughf.

The phone number is 212-888-8200 x5410.

The fax number is 212-888-7776.

The email address is lmiller@fedkas.com

Larry Miller submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: LARRY MILLER. LARRY MILLER of FEDER KASZOVITZ LLP, is located at

      845 THIRD AVE, 11TH FLOOR
      NEW YORK, New York 10022
      US
The docket/reference number is 11018thoughf.

The phone number is 212-888-8200 x5410.

The fax number is 212-888-8776.

The email address is Lmiller@fedkas.com; KLyons@fedkas.com

The applicants proposed correspondence information: Larry Miller. Larry Miller of FEDER KASZOVITZ LLP, is located at

      845 THIRD AVE, 11TH FLOOR
      NEW YORK, New York 10022
      United States
The docket/reference number is 11018thoughf.

The phone number is 212-888-8200 x5410.

The fax number is 212-888-7776.

The email address is lmiller@fedkas.com; klyons@uspto.gov

SIGNATURE(S)
Response Signature
Signature: /Larry Miller/     Date: 09/04/2019
Signatory's Name: Larry Miller
Signatory's Position: Attorney of Record, Member NYS Bar

Signatory's Phone Number: 212-888-8200

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:    LARRY MILLER
   FEDER KASZOVITZ LLP
   
   845 THIRD AVE, 11TH FLOOR
   NEW YORK, New York 10022
Mailing Address:    Larry Miller
   FEDER KASZOVITZ LLP
   845 THIRD AVE, 11TH FLOOR
   NEW YORK, New York 10022
        
Serial Number: 88198833
Internet Transmission Date: Wed Sep 04 16:26:49 EDT 2019
TEAS Stamp: USPTO/ROA-XX.X.XXX.XXX-20190904162649588
310-88198833-6102de7ce8ccd85b9d470f668fe
6589c6493f1eb8f85cf328507c2def38570-N/A-
N/A-20190904162233546570