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. 88215494 MICRO TIP(Standard Characters, see http://uspto.report/TM/88215494/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for cosmetic masks; non-medicated cosmetic patches for use on the skin in the nature of moisturizing preparations, anti-aging cleansers, skin soothing preparations, pore tightening preparations, reducing dark circles preparations, reducing wrinkles preparations, skin whitening preparations, reducing acne preparations
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.

In International Class 003, the mark was first used at least as early as 03/30/2019 and first used in commerce at least as early as 03/30/2019.


Proposed:
Class 003 for cosmetic masks; non-medicated cosmetic patches for use on the skin in the nature of moisturizing preparations, anti-aging cleansers, skin soothing preparations, pore tightening preparations, reducing dark circles preparations, reducing wrinkles preparations, skin whitening preparations, reducing acne preparations

Deleted Filing Basis: 1(b)
In International Class 003, the mark was first used at least as early as 03/30/2019 . and first used in commerce at least as early as 03/30/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 003. The specimen(s) submitted consists of (1) substitute specimen_packaging 1, (2) substitute specimen_packaging 2, (3) printout of a web page with the actual goods at the point of sale, and (3) printout of a web page with the actual goods at the point of sale..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):Specimen File1Specimen File2
Original PDF file:
SPU0-1751962292-202006130 25302799654_._actual_good s_at_the_point_of_sale_Mi cro_Tip__Patch_-_Blemish.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Original PDF file:
SPU0-1751962292-202006130 25302799654_._tual_goods_ at_the_point_of_sale_Micr o_Tip__Patch___Dark_spot.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: HAVE&BE CO., LTD., AKA HAVE&BE INC., a corporation of Korea, South, having an address of

            13 Nonhyeon-ro 72-gil, Gangnam-gu      M-Space B/D
      Seoul, 06227
      Korea, South

Proposed: HAVE&BE CO., LTD., AKA HAVE&BE INC., a corporation of Korea, South, having an address of
      13 Nonhyeon-ro 72-gil, Gangnam-gu
      M-Space B/D
      Seoul, 06227
      Korea, South
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement


Original PDF file:
mis-1751962292-2020061302 5302799654_._Response_to_ nonfinal_OA_Micro_Tip.pdf
Converted PDF file(s) ( 2 pages) Miscellaneous File1Miscellaneous File2
Correspondence Information (current):
      CHANGHOON LEE
      PRIMARY EMAIL FOR CORRESPONDENCE: clee@ajupatent.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ajupatent@ajupatent.com
Correspondence Information (proposed):
      Changhoon Lee
      PRIMARY EMAIL FOR CORRESPONDENCE: clee@ajupatent.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ajupatent@ajupatent.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU 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 filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; 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: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, 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; 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 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.

Signature: /CHANGHOON LEE/      Date: 06/13/2020
Signatory's Name: CHANGHOON LEE
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: +822-3016-5087


Response Signature
Signature: /CHANGHOON LEE/     Date: 06/13/2020
Signatory's Name: CHANGHOON LEE
Signatory's Position: Attorney of record, Missouri bar member

Signatory's Phone Number: +822-3016-5087

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:    CHANGHOON LEE
   
   302 GANGNAM-DAERO, GANGNAM-GU
   10-14 FL DONGHEE BUILDING
   SEOUL, 06253
Mailing Address:    Changhoon Lee
   302 GANGNAM-DAERO, GANGNAM-GU
   10-14 FL DONGHEE BUILDING
   SEOUL, 06253
        
Serial Number: 88215494
Internet Transmission Date: Sat Jun 13 03:10:51 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020061303105107
8942-88215494-7104ab389a9ac6475a779cd58f
d1ed4bf676ef9d814cddf6d17e41bc316b2828-N
/A-N/A-20200613025302799654