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. 88226001 RENOVA (Stylized and/or with Design, see http://uspto.report/TM/88226001/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 argument has been attached.
Original PDF file:
evi_208185139113-20190828145650651514_._RESPONSE_TO_OFFICE_ACTION.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Mascara, eyeliner, eye shadow, eyebrow set, namely, eyebrow pencil and eyebrow gel, primer, beauty balm cream, cream for cosmetic use to control color, foundation, namely, powder foundation, liquid foundation, foam foundation, and mousse foundation, cream to powder, concealer for skin, face and body, blush, make-up powder, namely, contouring, highlight, finishing powder, and translucent powder, make-up setting spray, make-up remover, lipstick, lip liner, lip gloss, lip balm, lip tint, nail enamels, nail polish, cosmetic preparations for nail enamel drying, nail polish remover, cream, hand cream
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: Mascara, eyeliner, eye shadow, eyebrow set, namely, eyebrow pencil and eyebrow gel, primer, beauty balm cream, cream for cosmetic use to control color, foundation, namely, powder foundation, liquid foundation, foam foundation, and mousse foundation, cream to powder, concealer for skin, face and body, blush, make-up powder, namely, contouring, highlight, finishing powder, and translucent powder, make-up setting spray, make-up remover, lipstick, lip liner, lip gloss, lip balm, lip tint, nail enamels, nail polish, cosmetic preparations for nail enamel drying, nail polish remover, cream, hand cream; Mascara, eyeliner, eye shadow, eyebrow set, namely, eyebrow pencil and eyebrow gel, lip primer, beauty balm cream, cream for cosmetic use to control color, foundation, namely, powder foundation, liquid foundation, foam foundation, and mousse foundation; cream to powder foundation; concealers for skin, face and body; blush; make-up powder, namely, contouring, highlight, finishing powder, and translucent powder, make-up setting spray, make-up remover, lipstick, lip liner, lip gloss, lip balm, lip tint, nail enamels, nail polish, cosmetic preparations for nail enamel drying, nail polish remover, skin cream, hand creamClass 003 for Mascara, eyeliner, eye shadow, eyebrow set, namely, eyebrow pencil and eyebrow gel, lip primer, beauty balm cream, cream for cosmetic use to control color, foundation, namely, powder foundation, liquid foundation, foam foundation, and mousse foundation; cream to powder foundation; concealers for skin, face and body; blush; make-up powder, namely, contouring, highlight, finishing powder, and translucent powder, make-up setting spray, make-up remover, lipstick, lip liner, lip gloss, lip balm, lip tint, nail enamels, nail polish, cosmetic preparations for nail enamel drying, nail polish remover, skin cream, hand cream
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: H. David Starr. H. David Starr of MUNCY, GEISSLER, OLDS & LOWE, P.C., is located at

      4000 LEGATO ROAD, SUITE 310
      FAIRFAX, Virginia 22033
      US
The docket/reference number is 10004.70066.

The phone number is 703-621-7140 x155.

The fax number is 703-621-7155.

The email address is hds@mg-ip.com

The applicants proposed attorney information: H. David Starr. Other appointed attorneys are Joe M. Muncy, Martin R. Geissler, Mark E. Olds, Scott L. Lowe, Roberta S. Bren, P. Jay Hines, Jeffrey H. Kaufman, Marcus Luepke, Kyoko Imai. H. David Starr of Muncy, Geissler, Olds & Lowe, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      4000 Legato Road, Suite 310
      Fairfax, Virginia 22033
      United States
The docket/reference number is 10004.70066.

The phone number is 703-621-7140 x155.

The fax number is 703-621-7155.

The email address is hds@mg-ip.com

H. David Starr 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: H. DAVID STARR. H. DAVID STARR of MUNCY, GEISSLER, OLDS & LOWE, P.C., is located at

      4000 LEGATO ROAD, SUITE 310
      FAIRFAX, Virginia 22033
      US
The docket/reference number is 10004.70066.

The phone number is 703-621-7140 x155.

The fax number is 703-621-7155.

The email address is hds@mg-ip.com; mailroom@mg-ip.com

The applicants proposed correspondence information: H. David Starr. H. David Starr of Muncy, Geissler, Olds & Lowe, P.C., is located at

      4000 Legato Road, Suite 310
      Fairfax, Virginia 22033
      United States
The docket/reference number is 10004.70066.

The phone number is 703-621-7140 x155.

The fax number is 703-621-7155.

The email address is hds@mg-ip.com; mailroom@mg-ip.com

SIGNATURE(S)
Response Signature
Signature: /H. David Starr/     Date: 08/28/2019
Signatory's Name: H. David Starr
Signatory's Position: Attorney for Applicant, District of Columbia bar member

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:    H. DAVID STARR
   MUNCY, GEISSLER, OLDS & LOWE, P.C.
   
   4000 LEGATO ROAD, SUITE 310
   FAIRFAX, Virginia 22033
Mailing Address:    H. David Starr
   Muncy, Geissler, Olds & Lowe, P.C.
   4000 Legato Road, Suite 310
   Fairfax, Virginia 22033
        
Serial Number: 88226001
Internet Transmission Date: Wed Aug 28 15:10:21 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190828151021
865350-88226001-6101e8fe650d566cb1df54b9
24cbb42692c72c8bada6e09f2be19f59bb051e4-
N/A-N/A-20190828145650651514