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)

---

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. 88205866 AQSTAR(Standard Characters, see http://uspto.report/TM/88205866/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 001 for Chemicals used in industry and science; chemicals for encapsulating, microencapsulating and decapsulating other chemicals; chemicals for the protection, delivery, transport and triggered or controlled release of chemicals, personal care products, skincare, sunscreens, cosmetics, cosmeceuticals, fragrance, essential oils and food and beverage preparations; chemical preparations for use in the manufacture of cosmetic products; emulsifiers; peptides; rheology modifying compositions other than for medical use; chemical and organic compositions for use in the manufacture of food and beverages; chemicals for encapsulating, microencapsulating and decapsulating biologically active ingredients including enzymes and cells
Original Filing Basis:
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[ European Union Trademark - EUTM application number 17918358 filed 06/15/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Chemicals used in industry and science; chemicals for encapsulating, microencapsulating and decapsulating other chemicals; chemicals for the protection, delivery, transport and triggered or controlled release of chemicals, personal care products, skincare, sunscreens, cosmetics, cosmeceuticals, fragrance, essential oils and food and beverage preparations; chemicals for use in the further manufacture of goods, namely, chemicals for the protection, delivery, transport and triggered or controlled release of chemicals in personal care products, skincare, sunscreens, cosmetics, cosmeceuticals, fragrance, essential oils and food and beverage preparations; chemical preparations for use in the manufacture of cosmetic products; emulsifiers; emulsifiers for use in the manufacture of cosmetics and personal care products; peptides; peptides for use in the manufacture of cosmetics and personal care products; rheology modifying compositions other than for medical use; rheology modifying compositions for use in the manufacture of cosmetics and personal care products; chemical and organic compositions for use in the manufacture of food and beverages; chemicals for encapsulating, microencapsulating and decapsulating biologically active ingredients including enzymes and cellsClass 001 for Chemicals used in industry and science; chemicals for encapsulating, microencapsulating and decapsulating other chemicals; chemicals for use in the further manufacture of goods, namely, chemicals for the protection, delivery, transport and triggered or controlled release of chemicals in personal care products, skincare, sunscreens, cosmetics, cosmeceuticals, fragrance, essential oils and food and beverage preparations; chemical preparations for use in the manufacture of cosmetic products; emulsifiers for use in the manufacture of cosmetics and personal care products; peptides for use in the manufacture of cosmetics and personal care products; rheology modifying compositions for use in the manufacture of cosmetics and personal care products; chemical and organic compositions for use in the manufacture of food and beverages; chemicals for encapsulating, microencapsulating and decapsulating biologically active ingredients including enzymes and cells
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 [ European Union Trademark - EUTM application number 17918358 filed 06/15/2018]. 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 [ European Union Trademark - EUTM registration number 17918358 registered 11/24/2018 with a renewal date of __________ and an expiration date of 06/15/2028 ], 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:
FRU0-19294203253-093220681_._AQSTAR_EUIPO_Reg_Cert.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Skincare preparations; cosmetic preparations; cosmeceutical preparations; sunscreens preparations; fragrances for personal use; oils for perfumes and scents
Original Filing Basis:
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[ European Union Trademark - EUTM application number 17918358 filed 06/15/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Skincare preparations; Cosmetic skincare preparations; cosmetic preparations; cosmeceutical preparations; cosmeceutical preparations, namely, non-medicated cosmetics; sunscreens preparations; fragrances for personal use; oils for perfumes and scentsClass 003 for Cosmetic skincare preparations; cosmetic preparations; cosmeceutical preparations, namely, non-medicated cosmetics; sunscreens preparations; fragrances for personal use; oils for perfumes and scents
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 [ European Union Trademark - EUTM application number 17918358 filed 06/15/2018]. 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 [ European Union Trademark - EUTM registration number 17918358 registered 11/24/2018 with a renewal date of __________ and an expiration date of 06/15/2028 ], 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:
FRU1-19294203253-093220681_._AQSTAR_EUIPO_Reg_Cert.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations for skincare; dermatological preparations; cosmeceuticals; medicated ointments for application to the skin; medicated and pharmaceutical skin lotions; hand creams (medicated); face creams (medicates); body creams (medicated); foot creams (medicated)
Original Filing Basis:
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[ European Union Trademark - EUTM application number 17918358 filed 06/15/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Pharmaceutical preparations for skincare; dermatological preparations; cosmeceuticals; cosmeceuticals, namely, medicated cosmetics; medicated ointments for application to the skin; medicated and pharmaceutical skin lotions; hand creams (medicated); medicated hand creams; face creams (medicates); medicated face creams; body creams (medicated); medicated body creams; foot creams (medicated); medicated foot creamsClass 005 for Pharmaceutical preparations for skincare; dermatological preparations; cosmeceuticals, namely, medicated cosmetics; medicated ointments for application to the skin; medicated and pharmaceutical skin lotions; medicated hand creams; medicated face creams; medicated body creams; medicated foot creams
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 [ European Union Trademark - EUTM application number 17918358 filed 06/15/2018]. 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 [ European Union Trademark - EUTM registration number 17918358 registered 11/24/2018 with a renewal date of __________ and an expiration date of 06/15/2028 ], 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:
FRU2-19294203253-093220681_._AQSTAR_EUIPO_Reg_Cert.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current attorney information: Rebecca Liebowitz. Rebecca Liebowitz of VENABLE LLP, is located at

      P.O. BOX 34385
      WASHINGTON, District of Columbia 20043-9998
      US
The docket/reference number is 60895-488286.

The phone number is 202-344-4976.

The fax number is 202.344.8300.

The email address is trademarkdocket@venable.com

The applicants proposed attorney information: Rebecca Liebowitz. Other appointed attorneys are Andrew D. Price, Halle B. Markus, Paula E. Hopkins, Steven B. Powell, Catherine S. Mitros, Sean T. Phelan, Kelly L. Williams and Michael J. Hirsch. Rebecca Liebowitz of Venable 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

      P.O. Box 34385
      Washington, District of Columbia 20043-9998
      United States
The docket/reference number is 60895-488286.

The phone number is 202-344-4976.

The fax number is 202-344-8300.

The email address is trademarkdocket@venable.com

Rebecca Liebowitz 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: REBECCA LIEBOWITZ. REBECCA LIEBOWITZ of VENABLE LLP, is located at

      P.O. BOX 34385
      WASHINGTON, District of Columbia 20043-9998
      US
The docket/reference number is 60895-488286.

The phone number is 202-344-4976.

The fax number is 202.344.8300.

The email address is trademarkdocket@venable.com; rliebowitz@venable.com

The applicants proposed correspondence information: Rebecca Liebowitz. Rebecca Liebowitz of Venable LLP, is located at

      P.O. Box 34385
      Washington, District of Columbia 20043-9998
      United States
The docket/reference number is 60895-488286.

The phone number is 202-344-4976.

The fax number is 202-344-8300.

The email address is trademarkdocket@venable.com; rliebowitz@venable.com; mjhirsch@venable.com

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_19294203253-093220681_._AQSTAR_Declaration.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Roger Coulston
Signatory's Position: Chief Scientific Officer

Response Signature
Signature: /Michael Hirsch/     Date: 08/27/2019
Signatory's Name: Michael Hirsch
Signatory's Position: Applicant's Attorney, Venable, DC/CA Bar Member

Signatory's Phone Number: 202-344-4045

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:    REBECCA LIEBOWITZ
   VENABLE LLP
   
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
Mailing Address:    Rebecca Liebowitz
   Venable LLP
   P.O. Box 34385
   Washington, District of Columbia 20043-9998
        
Serial Number: 88205866
Internet Transmission Date: Tue Aug 27 16:30:31 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201908271630316
67241-88205866-610e8e7a48b95a12e8ade5dbe
95a53e331ff1044a1e97f5224fd9eba91c288bf4
-N/A-N/A-20190827162902196887