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. 88242032 TRIPOROUS(Standard Characters, see http://uspto.report/TM/88242032/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, namely, carbon for industrial and pharmaceutical use; chemical agents for industrial use; chemical agents for use in the manufacture of pharmaceuticals; chemicals, namely, carbon used in the manufacture of cosmetics, toiletries, soaps, detergents, filtering and purifying media for water and cigarette smoke; carbides; chemical agents used in the manufacture of cosmetics, toiletries, soaps, detergents, filtering and purifying media for water and cigarette smoke; chemicals; industrial chemicals; glue and adhesives for industrial purposes; plant growth regulating preparations; fertilizers; higher fatty acids; nonferrous metals; non-metallic minerals; artificial sweeteners; Unprocessed plastics; pulp
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: Chemicals, namely, carbon for industrial and pharmaceutical use; chemical agents for industrial use; chemical agents for use in the manufacture of pharmaceuticals; chemicals, namely, carbon used in the manufacture of cosmetics, toiletries, soaps, detergents, filtering and purifying media for water and cigarette smoke; carbides; chemical agents used in the manufacture of cosmetics, toiletries, soaps, detergents, filtering and purifying media for water and cigarette smoke; chemicals; industrial chemicals; glue and adhesives for industrial purposes; plant growth regulating preparations; fertilizers; higher fatty acids; nonferrous metals; non-metallic minerals; artificial sweeteners; Unprocessed plastics; pulpClass 001 for Chemicals, namely, carbon for industrial and pharmaceutical use; chemical agents for industrial use; chemical agents for use in the manufacture of pharmaceuticals; chemicals, namely, carbon used in the manufacture of cosmetics, toiletries, soaps, detergents, filtering and purifying media for water and cigarette smoke; carbides; chemical agents used in the manufacture of cosmetics, toiletries, soaps, detergents, filtering and purifying media for water and cigarette smoke; chemicals; industrial chemicals; glue and adhesives for industrial purposes; plant growth regulating preparations; fertilizers; higher fatty acids; non-metallic minerals; artificial sweeteners; Unprocessed plastics
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cosmetics; non-medicated toiletries; antistatic preparations for household purposes; rust removing preparations; stain removing benzine; Laundry fabric conditioner; laundry bleach; breath freshening preparations; deodorants for animals; shoe cream; polishing preparations; soaps and detergents; shampoos; hair and scalp wash preparations; shaving soaps; facial washes; soaps for body care; non-medicated pet shampoos; dentifrices; hair rinses; hair styling preparations; cosmetic preparations for the hair and scalp; cosmetic preparations for body care; deodorants for body care; perfumes and colognes; Air fragrancing preparations
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: Cosmetics; non-medicated toiletries; antistatic preparations for household purposes; rust removing preparations; stain removing benzine; Laundry fabric conditioner; laundry bleach; breath freshening preparations; deodorants for animals; shoe cream; polishing preparations; soaps and detergents; body, facial and bath soaps and detergents; shampoos; hair shampoos; hair and scalp wash preparations; shaving soaps; facial washes; soaps for body care; non-medicated pet shampoos; dentifrices; hair rinses; hair styling preparations; cosmetic preparations for the hair and scalp; cosmetic preparations for body care; deodorants for body care; perfumes and colognes; Air fragrancing preparationsClass 003 for Cosmetics; non-medicated toiletries; antistatic preparations for household purposes; rust removing preparations; stain removing benzine; Laundry fabric conditioner; laundry bleach; breath freshening preparations; deodorants for animals; shoe cream; polishing preparations; body, facial and bath soaps and detergents; hair shampoos; hair and scalp wash preparations; shaving soaps; facial washes; soaps for body care; non-medicated pet shampoos; dentifrices; hair rinses; hair styling preparations; cosmetic preparations for the hair and scalp; cosmetic preparations for body care; deodorants for body care; perfumes and colognes; Air fragrancing 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical agents affecting digestive organs, namely, pharmaceutical preparations for the cleansing of one's gastrointestinal tract, the cleansing of one's mouth cavity to remove unwanted bacteria, the prevention of stomach acid, and the regulation of one's intestines; hormones for medical purposes; pharmaceutical agents for epidermis, namely, anti-dermoinfective pharmaceutical preparations, antimicrobial pharmaceutical preparations for dermatologic use, and medicated soaps of Japanese pharmacopoeia; vitamin preparations; dietary and nutritional supplements for human consumption for medical purposes; nutritional food additives for medical purposes in the nature of natural food extracts derived from various fish, meat and vegetables; pharmaceutical agents affecting metabolism, namely, pharmaceutical enzyme preparations for the treatment of excess fat in one's body, and for the treatment of alcohol intoxication; tumor suppressing agents; antibiotic preparations; biological preparations for medical purposes, namely, antitoxins; biological preparations for medical purposes in the nature of pharmaceutical agents against parasites, namely, namely, pharmaceutical preparations used in treatment of protozoan infection; pharmaceutical preparations; air deodorant; car deodorant; deodorants for clothing or textiles; household deodorant; baby diapers; diapers for pets; disposable adult diapers; court plaster; bandages for dressings; dietary and nutritional supplements; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; beverages for babies; food for babies
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: Pharmaceutical agents affecting digestive organs, namely, pharmaceutical preparations for the cleansing of one's gastrointestinal tract, the cleansing of one's mouth cavity to remove unwanted bacteria, the prevention of stomach acid, and the regulation of one's intestines; hormones for medical purposes; pharmaceutical agents for epidermis, namely, anti-dermoinfective pharmaceutical preparations, antimicrobial pharmaceutical preparations for dermatologic use, and medicated soaps of Japanese pharmacopoeia; vitamin preparations; dietary and nutritional supplements for human consumption for medical purposes; nutritional food additives for medical purposes in the nature of natural food extracts derived from various fish, meat and vegetables; pharmaceutical agents affecting metabolism, namely, pharmaceutical enzyme preparations for the treatment of excess fat in one's body, and for the treatment of alcohol intoxication; tumor suppressing agents; antibiotic preparations; biological preparations for medical purposes, namely, antitoxins; biological preparations for medical purposes in the nature of pharmaceutical agents against parasites, namely, namely, pharmaceutical preparations used in treatment of protozoan infection; pharmaceutical preparations; air deodorant; car deodorant; deodorants for clothing or textiles; household deodorant; baby diapers; diapers for pets; disposable adult diapers; court plaster; bandages for dressings; dietary and nutritional supplements; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; beverages for babies; Vitamin fortified beverages for babies; food for babiesClass 005 for Pharmaceutical agents affecting digestive organs, namely, pharmaceutical preparations for the cleansing of one's gastrointestinal tract, the cleansing of one's mouth cavity to remove unwanted bacteria, the prevention of stomach acid, and the regulation of one's intestines; hormones for medical purposes; pharmaceutical agents for epidermis, namely, anti-dermoinfective pharmaceutical preparations, antimicrobial pharmaceutical preparations for dermatologic use, and medicated soaps of Japanese pharmacopoeia; vitamin preparations; dietary and nutritional supplements for human consumption for medical purposes; nutritional food additives for medical purposes in the nature of natural food extracts derived from various fish, meat and vegetables; pharmaceutical agents affecting metabolism, namely, pharmaceutical enzyme preparations for the treatment of excess fat in one's body, and for the treatment of alcohol intoxication; tumor suppressing agents; antibiotic preparations; biological preparations for medical purposes, namely, antitoxins; biological preparations for medical purposes in the nature of pharmaceutical agents against parasites, namely, namely, pharmaceutical preparations used in treatment of protozoan infection; pharmaceutical preparations; air deodorant; car deodorant; deodorants for clothing or textiles; household deodorant; baby diapers; diapers for pets; disposable adult diapers; court plaster; bandages for dressings; dietary and nutritional supplements; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; Vitamin fortified beverages for babies; food for babies
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: Robert B.G. Horowitz, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      US
The docket/reference number is 41279.3188.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com

The applicants proposed attorney information: Robert B.G. Horowitz, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      United States
The docket/reference number is 41279.3188.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com

Robert B.G. Horowitz, Esq. 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: ROBERT B.G. HOROWITZ, ESQ.. ROBERT B.G. HOROWITZ, ESQ. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      US
The docket/reference number is 41279.3188.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

The applicants proposed correspondence information: Robert B.G. Horowitz, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      United States
The docket/reference number is 41279.3188.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Office Action dated February 26, 2019 has been received and carefully reviewed. Applicant has amended all of the goods objected to in order to make them more specific with the exception of "food for babies" in Class 5. As that term is allowed in the Manual of Acceptable Goods and Services. It appears in said manual as term ID 005-921. Accordingly, the Hon. Trademark Attorney is requested to accept "food for babies" in Class 5.


SIGNATURE(S)
Response Signature
Signature: /Robert B.G. Horowitz/     Date: 08/26/2019
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant, a New York Bar member

Signatory's Phone Number: 212 589-4200

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:    ROBERT B.G. HOROWITZ, ESQ.
   BAKER & HOSTETLER LLP
   
   45 ROCKEFELLER PLAZA, 14TH FLOOR
   NEW YORK, New York 10111
Mailing Address:    Robert B.G. Horowitz, Esq.
   BAKER & HOSTETLER LLP
   45 ROCKEFELLER PLAZA, 14TH FLOOR
   NEW YORK, New York 10111
        
Serial Number: 88242032
Internet Transmission Date: Mon Aug 26 14:44:15 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019082614441571
6721-88242032-610656b6bb0b2d34c234e491c8
c384f289fbc3326cb444d37944b6b7573634ed-N
/A-N/A-20190826143038261903