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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88284573 |
LAW OFFICE ASSIGNED | LAW OFFICE 121 |
MARK SECTION | |
MARK | http://uspto.report/TM/88284573/mark.png |
LITERAL ELEMENT | TERRA FIRMA |
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. |
EVIDENCE SECTION | |
DESCRIPTION OF EVIDENCE FILE | The Examining Attorney has refused registration on the basis of the specimen not showing the applied-for mark in use in commerce in connection with any of the goods and/or services. Specifically, the specimen does not show the mark on the cream (it only appears on the supplements). Applicant respectfully submits the following two substitute specimens: 1) Photo of actual goods with applied-for-mark on product label. This photo shows back of cream with mark highlighted by red rectangle. 2) Screenshot of a webpage showing cream for sale with applied-for-mark, price, and "Add to Cart" button. Applicant has responded to all issues raised in the Office Action. If any further information or response is required, please contact Applicant by telephone at 1-800-689-2809 or email at hazel@vitaminmom.com. |
GOODS AND/OR SERVICES SECTION (003)(current) | |
INTERNATIONAL CLASS | 003 |
DESCRIPTION | |
Skin and body topical lotions, creams and oils for cosmetic use | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 06/30/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 06/30/2017 |
GOODS AND/OR SERVICES SECTION (003)(proposed) | |
INTERNATIONAL CLASS | 003 |
DESCRIPTION | |
Skin and body topical lotions, creams and oils for cosmetic use | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 06/30/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 06/30/2017 |
STATEMENT TYPE | "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]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\845\88284573\xml4\ ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT 17\882\845\88284573\xml4\ ROA0003.JPG | |
\\TICRS\EXPORT17\IMAGEOUT 17\882\845\88284573\xml4\ ROA0004.JPG | |
SPECIMEN DESCRIPTION | 1) Photo of actual goods with applied-for-mark on product label. This photo shows back of cream with mark highlighted by red rectangle. 2) Photo of actual goods with applied-for-mark on product label. This photo shows front of products with mark on supplements. 2) Screenshot of a webpage showing cream for sale with applied-for-mark, price, and "Add to Cart" button. |
GOODS AND/OR SERVICES SECTION (005)(current) | |
INTERNATIONAL CLASS | 005 |
DESCRIPTION | Nutritional supplements |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 06/30/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 06/30/2017 |
GOODS AND/OR SERVICES SECTION (005)(proposed) | |
INTERNATIONAL CLASS | 005 |
DESCRIPTION | Nutritional supplements |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 06/30/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 06/30/2017 |
STATEMENT TYPE | "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]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\845\88284573\xml4\ ROA0005.JPG |
\\TICRS\EXPORT17\IMAGEOUT 17\882\845\88284573\xml4\ ROA0006.JPG | |
\\TICRS\EXPORT17\IMAGEOUT 17\882\845\88284573\xml4\ ROA0007.JPG | |
SPECIMEN DESCRIPTION | 1) Photo of actual goods with applied-for-mark on product label. This photo shows back of cream with mark highlighted by red rectangle. 2) Photo of actual goods with applied-for-mark on product label. This photo shows front of products with mark on supplements. 2) Screenshot of a webpage showing product with applied-for-mark, price, and "Add to Cart" button. |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /hazel kim/ |
SIGNATORY'S NAME | Hazel Kim |
SIGNATORY'S POSITION | Director |
SIGNATORY'S PHONE NUMBER | 800-689-2809 |
DATE SIGNED | 04/29/2019 |
RESPONSE SIGNATURE | /hazel kim/ |
SIGNATORY'S NAME | Hazel Kim |
SIGNATORY'S POSITION | Director |
SIGNATORY'S PHONE NUMBER | 800-689-2809 |
DATE SIGNED | 04/29/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Apr 29 14:09:21 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0190429140921821456-88284 573-62087335b9bb3ffc9c6a8 880cc9ace2c1f5925839eeb93 dda1e775d86417462d4-N/A-N /A-20190429125629906652 |
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) |
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.