Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: OBAGI (Stylized and/or with Design, see http://uspto.report/TM/88294732/mark.png)
SERIAL NUMBER: 88294732



The applicant, Obagi Cosmeceuticals LLC, having an address of
      Suite 500
      3760 Kilroy Airport Way
      Long Beach, California 90806
      United States
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 003:
Current identification: Non-medicated skin care preparations

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/01/2019, and first used in commerce at least as early as 09/01/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photographs of packaging bearing the mark in which goods are sold.
Specimen File1
Specimen File2


For International Class 005:
Current identification: 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/01/2019, and first used in commerce at least as early as 09/01/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photographs of packaging bearing the mark in which the goods are sold.
Specimen File1
Specimen File2


For International Class 035:
Current identification: 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/01/2019, and first used in commerce at least as early as 09/01/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from Applicant's website; social media post; and screen shot from third party website, all displaying the mark and describing the services.

Original PDF file:
SPN2-21613612218-20200129130801277280_._OBCOS-LOGO_SERVICE_CLASS_SPECIMENS.pdf
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7


For International Class 041:
Current identification: Training services in the field of skin care preparations

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/01/2019, and first used in commerce at least as early as 09/01/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photograph of materials displaying the mark used in training product line representatives.
Specimen File1


For International Class 044:
Current identification: 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/01/2019, and first used in commerce at least as early as 09/01/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from Applicant's website; social media post; and screen shot from third party website, all displaying the mark and describing the services.

Original PDF file:
SPN4-21613612218-20200129130801277280_._OBCOS-LOGO_SERVICE_CLASS_SPECIMENS.pdf
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Kathryn E. Smith. Kathryn E. Smith of WOOD HERRON & EVANS LLP, is located at

      2700 CAREW TOWER
      441 VINE STREET
      CINCINNATI, Ohio 45202
      United States
The docket/reference number is OBCOS-943US.

The phone number is 513-241-2324.

The fax number is 513-241-6234.

The email address is ksmith@whe-law.com

The applicants proposed attorney information: Kathryn E. Smith. Other appointed attorneys are Theodore R. Remaklus, Sarah Otte Graber, Lori Krafte, Glenn D. Bellamy, Kenneth B. Germain, Michael G. Frey, Sean K. Owens. Kathryn E. Smith of WOOD HERRON & EVANS 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

      2700 CAREW TOWER
      441 VINE STREET
      CINCINNATI, Ohio 45202
      United States
The docket/reference number is OBCOS943US.

The phone number is 513-241-2324.

The fax number is 513-241-6234.

The email address is ksmith@whe-law.com

Kathryn E. Smith 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: KATHRYN E. SMITH. KATHRYN E. SMITH of WOOD HERRON & EVANS LLP, is located at

      2700 CAREW TOWER
      441 VINE STREET
      CINCINNATI, Ohio 45202
      United States
The docket/reference number is OBCOS-943US.

The phone number is 513-241-2324.

The fax number is 513-241-6234.

The email address is ksmith@whe-law.com

The applicants proposed correspondence information: KATHRYN E. SMITH. KATHRYN E. SMITH of WOOD HERRON & EVANS LLP, is located at

      2700 CAREW TOWER
      441 VINE STREET
      CINCINNATI, Ohio 45202
      United States
The docket/reference number is OBCOS943US.

The phone number is 513-241-2324.

The fax number is 513-241-6234.

The email address is ksmith@whe-law.com; sdaczko@whe-law.com; usptodock@whe-law.com

A fee payment in the amount of $500 will be submitted with the form, representing payment for the allegation of use for 5 classes.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	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.

Signature: /Kathryn E. Smith/      Date Signed: 01/29/2020
Signatory's Name: Kathryn E. Smith
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone: 513-241-2324

Mailing Address:
   WOOD HERRON & EVANS LLP
   2700 CAREW TOWER
   441 VINE STREET
   CINCINNATI, Ohio 45202

RAM Sale Number: 88294732
RAM Accounting Date: 01/29/2020

Serial Number: 88294732
Internet Transmission Date: Wed Jan 29 14:33:24 EST 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-202001291433243
11282-88294732-700a6b51a5b72849fdcb335fd
8654b1d516ee8647196bcef3ebd35c2ed0651f37
6-CC-33225165-20200129142047099685