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. 88201167 NFCO.BLAK (Stylized and/or with Design, see http://uspto.report/TM/88201167/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 Toothpaste; Mouthwashes, not for medical purposes; Bar soap; Bath soap; Body soaps; Cosmetic soaps; Disinfectant soap; Laundry soaps; Liquid soaps; Shaving soap; Soap for brightening textile; Soap powders; Soap solutions; Soaps for laundry use; Soaps for personal use; Soaps in liquid form; Sugar soap; Baby shampoo; Bath shampoo; Hair shampoo; Herbal anti-dandruff shampoo; Medicated shampoos; Non-medicated hair shampoos; Shampoos for animals; Shampoos for human hair; Shampoos for personal use; After sun moisturisers; Body moisturisers; Cosmetic moisturisers; Eye moisturisers for cosmetic use; Facial moisturisers (cosmetic); Hair moisturisers; Moisturisers (cosmetics); Abrasive media for kitchen (cleaning) purposes; Bathroom cleaning preparations; Cleaning preparations for bathroom use; Cleaning preparations for laundry use; Antiperspirant deodorants; Body deodorants; Deodorant preparations for personal use; Detergents for household use; Dishwashing detergents; Laundry detergent; Sunscreen preparations; Sunscreens; Non-medicated lip balms; After shower creams; After sun creams; Aftershave creams; Babies' creams (non-medicated); Body creams (cosmetics); Cosmetic acne creams; Cosmetic creams; Day creams; Face foundation creams; Hand cream; Non-medicated creams for personal care; Aftershave gels; Bath gels, not medicated; Cosmetic eye gels; Gels for use in the bath; Gels for use in the shower; Hair gel; Facial wipes impregnated with cosmetics; Wipes (tissues) impregnated with cleaning or polishing preparations; Wipes (tissues) impregnated with cosmetic lotions; Non-medicated bath salts
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: Toothpaste; Mouthwashes, not for medical purposes; Bar soap; Bath soap; Non-medicated Bath soaps; Body soaps; Non-medicated Body soaps; Cosmetic soaps; Disinfectant soap; Non-medicated Laundry soaps; Laundry soaps; Non-medicated liquid soaps; Liquid soaps; Shaving soap; Soap for brightening textile; Non-medicated Soap powders; Soap powders; Non-medicated soap solutions; Soap solutions; Non-medicated Soaps for personal use; Soaps for laundry use; Non-medicated Soaps in liquid form; Soaps for personal use; Non-medicated cosmetic soap in the nature of Sugar soap; Soaps in liquid form; Baby shampoo; Sugar soap; Bath shampoo; Non-medicated Hair shampoo; Shampoos for animals; Hair shampoo; Shampoos for human hair; Herbal anti-dandruff shampoo; Shampoos for personal use; Medicated shampoos; After sun moisturizers; Non-medicated hair shampoos; Body moisturizers for the skin; Cosmetic skin moisturizers; Eye moisturizers for cosmetic use; Facial moisturizers; After sun moisturisers; Hair moisturizers; Body moisturisers; Moisturizers for the face, body and hands; Cosmetic moisturisers; Abrasive media for kitchen cleaning purposes; Eye moisturisers for cosmetic use; Bathroom cleaning preparations; Facial moisturisers (cosmetic); Cleaning preparations for bathroom use; Hair moisturisers; Cleaning preparations for laundry use; Moisturisers (cosmetics); Antiperspirant deodorants; Abrasive media for kitchen (cleaning) purposes; Body deodorants; Deodorant preparations for personal use; Detergents for household use; Dishwashing detergents; Laundry detergent; Sunscreen preparations; Non-medicated lip balms; After shower creams; After sun creams; Aftershave creams; non-medicated Babies' creams; Sunscreens; Cosmetic Body creams; Cosmetic acne creams; Cosmetic creams; Face foundation creams; Hand cream; Babies' creams (non-medicated); Aftershave gels; Body creams (cosmetics); Bath gels, not medicated; Cosmetic eye gels; Gels for use in the bath; Day creams; Gels for use in the shower; Hair gel; Facial wipes impregnated with cosmetics; Non-medicated creams for personal care; Wipes (tissues) impregnated with cleaning or polishing preparations; Wipes (tissues) impregnated with cosmetic lotions; Non-medicated bath saltsClass 003 for Toothpaste; Mouthwashes, not for medical purposes; Bar soap; Non-medicated Bath soaps; Non-medicated Body soaps; Disinfectant soap; Non-medicated Laundry soaps; Non-medicated liquid soaps; Shaving soap; Soap for brightening textile; Non-medicated Soap powders; Non-medicated soap solutions; Non-medicated Soaps for personal use; Non-medicated Soaps in liquid form; Non-medicated cosmetic soap in the nature of Sugar soap; Baby shampoo; Bath shampoo; Non-medicated Hair shampoo; Shampoos for animals; Shampoos for human hair; Shampoos for personal use; After sun moisturizers; Body moisturizers for the skin; Cosmetic skin moisturizers; Eye moisturizers for cosmetic use; Facial moisturizers; Hair moisturizers; Moisturizers for the face, body and hands; Abrasive media for kitchen cleaning purposes; Bathroom cleaning preparations; Cleaning preparations for bathroom use; Cleaning preparations for laundry use; Antiperspirant deodorants; Body deodorants; Deodorant preparations for personal use; Detergents for household use; Dishwashing detergents; Laundry detergent; Sunscreen preparations; Non-medicated lip balms; After shower creams; After sun creams; Aftershave creams; non-medicated Babies' creams; Cosmetic Body creams; Cosmetic acne creams; Cosmetic creams; Face foundation creams; Hand cream; Aftershave gels; Bath gels, not medicated; Cosmetic eye gels; Gels for use in the bath; Gels for use in the shower; Hair gel; Facial wipes impregnated with cosmetics; Wipes (tissues) impregnated with cleaning or polishing preparations; Wipes (tissues) impregnated with cosmetic lotions; Non-medicated bath salts
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Toothpaste holders; Containers for toothbrushes; Electric toothbrushes; Refilling cartridges for toothbrushes; Toothbrushes; Toothbrushes, electric; Holders for toothbrushes; Toothbrush cases; Abrasive floss for dental use; Dental floss; Dental floss in the form of tape; Dental floss in the form of thread; Floss for dental purposes; Containers for soap; Dishes for soap; Dispensers for liquid soap; Holders for soap; Soap dispensers; Sponge cloths for cleaning; Cleaning cloths; Cleaning wipes
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: Toothpaste holders; Containers for toothbrushes; Electric toothbrushes; Refilling cartridges for toothbrushes; Refilling cartridges for toothbrushes, namely, heads for electric toothbrushes; Toothbrushes; Toothbrushes, electric; Holders for toothbrushes; Toothbrush cases; Abrasive floss for dental use; Dental floss; Dental floss in the form of tape; Dental floss in the form of thread; Floss for dental purposes; Containers for soap; Dishes for soap; Dispensers for liquid soap; Holders for soap; Soap dispensers; Sponge cloths for cleaning; Cleaning cloths; Cleaning wipes; Cleaning cloths for dusting; chamois clothsClass 021 for Toothpaste holders; Containers for toothbrushes; Electric toothbrushes; Refilling cartridges for toothbrushes, namely, heads for electric toothbrushes ; Toothbrushes; Toothbrushes, electric; Holders for toothbrushes; Toothbrush cases; Abrasive floss for dental use; Dental floss; Dental floss in the form of tape; Dental floss in the form of thread; Floss for dental purposes; Containers for soap; Dishes for soap; Dispensers for liquid soap; Holders for soap; Soap dispensers; Sponge cloths for cleaning; Cleaning cloths; Cleaning cloths for dusting; chamois cloths
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.

SIGNATURE(S)
Response Signature
Signature: /gb/     Date: 03/01/2019
Signatory's Name: Gene Bolmarcich
Signatory's Position: Attorney for Applicant, NY bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88201167
Internet Transmission Date: Fri Mar 01 14:59:29 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019030114592963
9679-88201167-62022bf89bce311a2991fc55c1
7ba701ca348102348975aa9755e51ab173b165a-
N/A-N/A-20190301145000083562