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. 88232478 PROCREATE(Standard Characters, see http://uspto.report/TM/88232478/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 Lipstick
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/19/2018 and first used in commerce at least as early as 11/19/2018 , and is now in use in such commerce.

Proposed: Class 003 for Lipstick
Deleted Filing Basis: 1(a)
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: Neal Massand. Neal Massand of NI, WANG & MASSAND, PLLC, is located at

      8140 WALNUT HILL LANE, SUITE 500
      DALLAS, Texas 75231
      US

The phone number is 972-331-4601.

The fax number is (972) 314-0900.

The email address is nmassand@nilawfirm.com

The applicants proposed attorney information: Neal Massand. Neal Massand of NI, WANG & MASSAND, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      8140 WALNUT HILL LANE, SUITE 500
      DALLAS, Texas 75231
      United States

The phone number is 972-331-4601.

The fax number is (972) 314-0900.

The email address is nmassand@nilawfirm.com

Neal Massand 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: NEAL MASSAND. NEAL MASSAND of NI, WANG & MASSAND, PLLC, is located at

      8140 WALNUT HILL LANE, SUITE 500
      DALLAS, Texas 75231
      US

The phone number is 972-331-4601.

The fax number is (972) 314-0900.

The email address is nmassand@nilawfirm.com; nmassand@gmail.com

The applicants proposed correspondence information: Neal Massand. Neal Massand of NI, WANG & MASSAND, PLLC, is located at

      8140 WALNUT HILL LANE, SUITE 500
      DALLAS, Texas 75231
      United States

The phone number is 972-331-4601.

The fax number is (972) 314-0900.

The email address is nmassand@nilawfirm.com; nmassand@gmail.com

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: /Neal Massand/      Date: 08/30/2019
Signatory's Name: Neal Massand
Signatory's Position: Attorney of Record-TX
Signatory's Phone Number: 9723314601


Response Signature
Signature: /Neal Massand/     Date: 08/30/2019
Signatory's Name: Neal Massand
Signatory's Position: Attorney of Record-TX

Signatory's Phone Number: 9723314601

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:    NEAL MASSAND
   NI, WANG & MASSAND, PLLC
   
   8140 WALNUT HILL LANE, SUITE 500
   DALLAS, Texas 75231
Mailing Address:    Neal Massand
   NI, WANG & MASSAND, PLLC
   8140 WALNUT HILL LANE, SUITE 500
   DALLAS, Texas 75231
        
Serial Number: 88232478
Internet Transmission Date: Fri Aug 30 11:56:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908301156122
45060-88232478-610fecc5f59de6cc4ac52a01d
898ef39db06c27f9eaf5d417fd42d63011ecbd5e
-N/A-N/A-20190830115321244080