TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88294732

Filing Date: 02/08/2019

To the Commissioner for Trademarks:

MARK: OBAGI (stylized and/or with design, see mark)

The literal element of the mark consists of OBAGI.
The applicant is not claiming color as a feature of the mark. The mark consists of the word OBAGI in the center of a square.
The applicant, Obagi Cosmeceuticals LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      Suite 500
      3760 Kilroy Airport Way
      Long Beach, California 90806
      United States
      XXXX (not authorized)

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 003:  Non-medicated skin care preparations
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 005:  Medicated skin care preparations; Pharmaceutical preparations for skin care, skin treatment, skin protection and skin health restoration; pharmaceutical skin lotions for protecting and restoring dry and damaged skin; medicated skin care preparations, namely, facial peels
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 035:  Providing a website featuring consumer information in the field of skin care and skin care products; online retail store services in the field of medicated and non-medicated skin care products; online retail store services directed to medical providers featuring skin care products
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 041:  Training services in the field of skin care preparations
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 044:  Cosmetic body and skin care services; medical aesthetic services for skin treatment in the nature of skin care consultation services; dermatology services for physician-administered procedures; hygienic and beauty care services; facial treatment services in the nature of cosmetic peels; skin care salons; providing a website directed to medical providers that features medical information about skin care products and services; providing news and information in the fields of personal beauty and medicine relating to skin care products
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4390981, 2786594, 2838565, and others.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
OBAGI has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4390981, 2786594, 2838565, and others .

The applicant's current Attorney Information:
      Kathryn E. Smith and J. Robert Chambers, Clement H. Luken, Jr., Thomas J. Burger, Gregory F. Ahrens, Wayne L. Jacobs, Kurt A. Summe, Keith R. Haupt, Theodore R. Remaklus, Thomas W. Humphrey, David H. Brinkman, P. Andrew Blatt, Ph.D., David E. Jefferies, J. Dwight Poffenberger, Jr., David J. Josephic, Bruce Tittel, David S. Stallard, John Paul Davis, Brett A. Schatz, Sarah Otte Graber, Steven W. Benintendi, Ph.D., Randall S. Jackson, Jr., Kevin E. Kuehn, Timothy D. Ardizzone, Ph.D., David A. Fitzgerald II, Paul J. Linden, Stephen E. Gillen, Lori Krafte, Glenn D. Bellamy, Kenneth B. Germain, Michael G. Frey, Sean K. Owens, Charles Hampton Brown, III, W. Scott Gaines, John H. Bieber, Charles D. Pfister of WOOD HERRON & EVANS LLP
      2700 Carew Tower
      441 Vine Street
      Cincinnati, Ohio 45202
      United States
      513-241-2324(phone)
      513-241-6234(fax)
      ksmith@whe-law.com (authorized)
The attorney docket/reference number is OBCOS-943US.

The applicant's current Correspondence Information:

Kathryn E. Smith

WOOD HERRON & EVANS LLP

2700 Carew Tower       441 Vine Street

Cincinnati, Ohio 45202

513-241-2324(phone)

513-241-6234(fax)

ksmith@whe-law.com;usptodock@whe-law.com; sdaczko@whe-law.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1375 has been submitted with the application, representing payment for 5 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Kathryn E. Smith/   Date: 02/08/2019
Signatory's Name: Kathryn E. Smith
Signatory's Position: Attorney of Record, Ohio Bar Member
Payment Sale Number: 88294732
Payment Accounting Date: 02/11/2019

Serial Number: 88294732
Internet Transmission Date: Fri Feb 08 16:37:33 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201902081637337
51773-88294732-62059f25d72957b5f5b9421f7
1344990d810f82dbecce7a6cd38cb954ce8c9ead
-CC-3386-20190208162707734249