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. 88285792 REPLICA(Standard Characters, see http://uspto.report/TM/88285792/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of office action response and exhibits has been attached.
Original PDF file:
evi_389416710-20191014230631999110_._FINAL_OAR_FOR_REPLICA_MM.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
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Original PDF file:
evi_389416710-20191014230631999110_._EXHIBIT_A-Replica.pdf
Converted PDF file(s) ( 27 pages)
Evidence-1
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Original PDF file:
evi_389416710-20191014230631999110_._EXHIBIT_B_Replica.pdf
Converted PDF file(s) ( 27 pages)
Evidence-1
Evidence-2
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Original PDF file:
evi_389416710-20191014230631999110_._EXHIBIT_C_Replica.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
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Evidence-6
Original PDF file:
evi_389416710-20191014230631999110_._EXHIBIT_D_Replica.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Perfumed soaps; perfumes; eau de cologne; toilet waters; eau de parfum; personal deodorants; cleaning and fragrancing preparations; scented body lotions and creams; essential oils; shaving preparations; aftershave preparations
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ France application number 4473995 filed 08/02/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 184473995 registered 11/23/2018 with a renewal date of 08/02/2028 and an expiration date of 08/02/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Perfumed soaps; perfumes; eau de cologne; toilet waters; eau de parfum; personal deodorants; cleaning and fragrancing preparations; cleaning and air fragrancing preparations; scented body lotions and creams; essential oils; shaving preparations; aftershave preparations; aftershave preparations.Class 003 for Perfumed soaps; perfumes; eau de cologne; toilet waters; eau de parfum; personal deodorants; cleaning and air fragrancing preparations; scented body lotions and creams; essential oils; shaving preparations; aftershave preparations.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ France application number 4473995 filed 08/02/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 184473995 registered 11/23/2018 with a renewal date of 08/02/2028 and an expiration date of 08/02/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: Dyan Finguerra-DuCharme. Dyan Finguerra-DuCharme of PRYOR CASHMAN LLP, is located at

      7 TIMES SQUARE
      NEW YORK, New York 10036
      US
The docket/reference number is 20321.00837.

The phone number is 212-326-0443.

The fax number is 212-798-6307.

The email address is dfinguerra-ducharme@pryorcashman.com

The applicants proposed attorney information: Dyan Finguerra-DuCharme. Other appointed attorneys are Brad D. Rose, Teresa Lee, Philippe Zylberg, Laure Sawaya and Kamilah M. Holder. Dyan Finguerra-DuCharme of PRYOR CASHMAN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      7 TIMES SQUARE
      NEW YORK, New York 10036
      United States
The docket/reference number is 20321.00837.

The phone number is 212-326-0443.

The fax number is 212-798-6307.

The email address is dfinguerra-ducharme@pryorcashman.com

Dyan Finguerra-DuCharme 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: DYAN FINGUERRA-DUCHARME. DYAN FINGUERRA-DUCHARME of PRYOR CASHMAN LLP, is located at

      7 TIMES SQUARE
      NEW YORK, New York 10036
      US
The docket/reference number is 20321.00837.

The phone number is 212-326-0443.

The fax number is 212-798-6307.

The email address is dfinguerra-ducharme@pryorcashman.com; tmdocketing@pryorcashman.com; halexis@pryorcashman.com

The applicants proposed correspondence information: Dyan Finguerra-DuCharme. Dyan Finguerra-DuCharme of PRYOR CASHMAN LLP, is located at

      7 TIMES SQUARE
      NEW YORK, New York 10036
      United States
The docket/reference number is 20321.00837.

The phone number is 212-326-0443.

The fax number is 212-798-6307.

The email address is dfinguerra-ducharme@pryorcashman.com; tmdocketing@pryorcashman.com; halexis@pryorcashman.com

SIGNATURE(S)
Response Signature
Signature: /dyan finguerra-ducharme/     Date: 10/14/2019
Signatory's Name: Dyan Finguerra-DuCharme
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-326-0443

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:    DYAN FINGUERRA-DUCHARME
   PRYOR CASHMAN LLP
   
   7 TIMES SQUARE
   NEW YORK, New York 10036
Mailing Address:    Dyan Finguerra-DuCharme
   PRYOR CASHMAN LLP
   7 TIMES SQUARE
   NEW YORK, New York 10036
        
Serial Number: 88285792
Internet Transmission Date: Mon Oct 14 23:22:10 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191014232210029
003-88285792-61035c16f2250d9968f6af099c2
8c5ee2dc5d3da2ceb0ebbbc74695ec5322fd5097
-N/A-N/A-20191014230631999110