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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88254766 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88254766/mark.png |
LITERAL ELEMENT |
PEONY LANE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Applicant thanks the examining attorney for the suggestion to amend the description of goods to indicate that the goods are "made in whole or in
part of peony." Applicant's goods are made with a synthetic peony scent. To address the examining attorney's concern, Applicant has amended the description of goods to accurately indicate that the
goods are "made with a peony scent." |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Indoor and Outdoor non-medicated skin tanning preparations |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Indoor and Outdoor non-medicated skin tanning preparations; Indoor
and Outdoor non-medicated skin tanning preparations made with a peony scent |
FINAL DESCRIPTION |
Indoor and Outdoor non-medicated skin tanning preparations made with a peony scent |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use peony apart from the mark as shown. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Charles J. Meyer/ |
SIGNATORY'S NAME |
Charles J. Meyer |
SIGNATORY'S POSITION |
Attorney of Record, Indiana Bar Member |
SIGNATORY'S PHONE NUMBER |
3177134934 |
DATE SIGNED |
04/12/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Apr 12 10:41:54 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.X-20
190412104154831518-882547
66-620d29b0a760857b8dcc93
41d63a6921c8e2f8187c93927
e30845de76604fd3-N/A-N/A-
20190412103323324131 |
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.
88254766 PEONY LANE(Standard Characters, see http://uspto.report/TM/88254766/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant thanks the examining attorney for the suggestion to amend the description of goods to indicate that the goods are "made in whole or in part of peony." Applicant's goods are made with a
synthetic peony scent. To address the examining attorney's concern, Applicant has amended the description of goods to accurately indicate that the goods are "made with a peony scent."
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Indoor and Outdoor non-medicated skin tanning 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: Indoor and Outdoor non-medicated skin tanning preparations;
Indoor and Outdoor non-medicated skin
tanning preparations made with a peony scentClass 003 for Indoor and Outdoor non-medicated skin tanning preparations made with a peony scent
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.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use peony apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /Charles J. Meyer/ Date: 04/12/2019
Signatory's Name: Charles J. Meyer
Signatory's Position: Attorney of Record, Indiana Bar Member
Signatory's Phone Number: 3177134934
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88254766
Internet Transmission Date: Fri Apr 12 10:41:54 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20190412104154831
518-88254766-620d29b0a760857b8dcc9341d63
a6921c8e2f8187c93927e30845de76604fd3-N/A
-N/A-20190412103323324131