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. 88308081 MST(Standard Characters, see http://uspto.report/TM/88308081/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cosmetic delivery agents consisting of compounds that facilitate delivery of a wide range of non-medicated pharmaceuticals
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: Cosmetic delivery agents consisting of compounds that facilitate delivery of a wide range of non-medicated pharmaceuticals; Cosmetic delivery agents consisting of compounds that facilitate delivery of a wide range of non-medicated cosmetic agentsClass 003 for Cosmetic delivery agents consisting of compounds that facilitate delivery of a wide range of non-medicated cosmetic agents
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.

The applicant's current attorney information: Christie Baty Hudgins. Christie Baty Hudgins of Finnegan, Henderson, Farabow, Garrett & Dunner LLP, is located at

      901 New York Avenue, NW
      Washington, District of Columbia 20001
      US
The docket/reference number is 13949.3009.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

The applicants proposed attorney information: Christie Baty Hudgins. Other appointed attorneys are all the other attorneys of Finnegan, Henderson, Farabow, Garrett & Dunner LLP. Christie Baty Hudgins of Finnegan, Henderson, Farabow, Garrett & Dunner 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

      901 New York Avenue NW
      Washington, District of Columbia 20001
      United States
The docket/reference number is 13949.3009.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

Christie Baty Hudgins 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: Christie Baty Hudgins. Christie Baty Hudgins of Finnegan, Henderson, Farabow, Garrett & Dunner LLP, is located at

      901 New York Avenue, NW
      Washington, District of Columbia 20001
      US
The docket/reference number is 13949.3009.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

The applicants proposed correspondence information: Christie Baty Hudgins. Christie Baty Hudgins of Finnegan, Henderson, Farabow, Garrett & Dunner LLP, is located at

      901 New York Avenue NW
      Washington, District of Columbia 20001
      United States
The docket/reference number is 13949.3009.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
MST appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
The mark MST was coined by the applicant. The letters MST in the mark stand for "molecule stabilizing technology," which is itself a coined term with no significance in the cosmetic or pharmaceutical trade or industry or as applied to the goods, other than trademark significance.


SIGNATURE(S)
Response Signature
Signature: /Christie Baty Hudgins/     Date: 09/24/2019
Signatory's Name: Christie Baty Hudgins
Signatory's Position: Attorney of Record

Signatory's Phone Number: 202-408-4000

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:    Christie Baty Hudgins
   Finnegan, Henderson, Farabow, Garrett & Dunner LLP
   
   901 New York Avenue, NW
   Washington, District of Columbia 20001
Mailing Address:    Christie Baty Hudgins
   Finnegan, Henderson, Farabow, Garrett & Dunner LLP
   901 New York Avenue NW
   Washington, District of Columbia 20001
        
Serial Number: 88308081
Internet Transmission Date: Tue Sep 24 13:21:01 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2019092413210116127
3-88308081-61045d5b5c24c0b63bdae78dab4eb
c2aa96396a104d67ebafb8139d2d0a5c442-N/A-
N/A-20190924131155911590