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. 88205638 SLOW DANCE(Standard Characters, see http://uspto.report/TM/88205638/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Applicant's response to office action and exhibits in support thereof has been attached.
Original PDF file:
evi_156471510-20200102202135380116_._SLOW_DANCE_-_ROA.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_156471510-20200102202135380116_._Exhibit_A.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_156471510-20200102202135380116_._Exhibit_B.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_156471510-20200102202135380116_._Exhibit_C.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_156471510-20200102202135380116_._Exhibit_D.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12

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 toilet preparations, namely, non-medicated skin care preparations; perfumery; eau de parfum; colognes; and toilet waters
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017988433 registered 03/09/2019 with a renewal date of __________ and an expiration date of 11/21/2028 ], 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.

Proposed:
Tracked Text Description: Non-medicated toilet preparations, namely, non-medicated skin care preparations; Perfumery; eau de parfum; colognes; and toilet watersClass 003 for Perfumery; eau de parfum; colognes; and toilet waters
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(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017988433 registered 03/09/2019 with a renewal date of __________ and an expiration date of 11/21/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

The applicant hereby appoints Mark A. Paskar. Other appointed attorneys are Lindsay Cohen Schneider, Matthew G. Minder, Steven G. Trubac, Nicole L. Grembocki, David A. Roodman, J. Bennett Clark, Erik Wolff Kahn, Daniel A. Crowe, Marcy J. Bergman, Lucinda Althauser, George C. Chen, K. Lee Marshall, Emma Harty, Nick E. Williamson, Jill Chalmers, Katherine Keating, and other intellectual property attorneys from the law firm. Mark A. Paskar of Bryan Cave Leighton Paisner 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

      211 North Broadway, Suite 3600
      St. Louis, Missouri 63102
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 1082106.21.

The phone number is 312-602-5000.

The fax number is 312-602-5050.

The email address is mapaskar@bclplaw.com

Mark A. Paskar 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: . , is located at

      
      ,

The applicants proposed correspondence information: Mark A. Paskar. Mark A. Paskar of Bryan Cave Leighton Paisner LLP, is located at

      211 North Broadway, Suite 3600
      St. Louis, Missouri 63102
      United States
The docket/reference number is 1082106.21.

The phone number is 312-602-5000.

The fax number is 312-602-5050.

The email address is mapaskar@bclplaw.com; bcipdocketing@bclplaw.com; judi.cope@bclplaw.com

SIGNATURE(S)
Response Signature
Signature: /Steven G. Trubac/     Date: 01/02/2020
Signatory's Name: Steven G. Trubac
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 312-602-5000 (Attorney of Record)

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:    
   
   
   
   ,
Mailing Address:    Mark A. Paskar
   Bryan Cave Leighton Paisner LLP
   211 North Broadway, Suite 3600
   St. Louis, Missouri 63102
        
Serial Number: 88205638
Internet Transmission Date: Thu Jan 02 20:36:47 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200102203647035
138-88205638-700cd5f17822dcc023ab689079c
269c4ed92f689488a38eabaac17723216a83-N/A
-N/A-20200102202135380116