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. 88309298 EYE CANDY(Standard Characters, see http://uspto.report/TM/88309298/mark.png) has been amended as follows:

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

Applicant respectfully submits that there is no likelihood of confusion with U.S. Registration 5,234,597 because Registrant's goods relate to make-up, which is a different trade channel as compared with skin care and cosmetic preparations. Reconsideration is respectfully requested.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for non-medicated skin care preparations; skin masks; skin moisturizer masks; beauty serums; non-medicated skin serums; skin care products, namely, non-medicated skin serums; non-medicated anti-aging serum; cosmetic preparations; cosmetic preparations, namely, eye sheet masks, eye sheet mask patches
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: non-medicated skin care preparations; skin masks; skin moisturizer masks; cosmetic preparations, namely, eye sheet masks, eye sheet mask patches; beauty serums; all of the aforementioned goods excluding make-up; non-medicated skin serums; skin care products, namely, non-medicated skin serums; non-medicated anti-aging serum; cosmetic preparationsClass 003 for skin masks; skin moisturizer masks; cosmetic preparations, namely, eye sheet masks, eye sheet mask patches; all of the aforementioned goods excluding make-up
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: Harris A. Wolin. Harris A. Wolin of MYERS WOLIN, LLC, is located at

      WEST TOWER, FLOOR 7
      100 HEADQUARTERS PLAZA
      MORRISTOWN, New Jersey 07960
      US
The docket/reference number is TFBC 8918.

The phone number is 973-828-1284.

The fax number is 866-864-3947.

The email address is tm@myerswolin.com

The applicants proposed attorney information: Harris A. Wolin. Other appointed attorneys are Brian Myers, Daniel Gross, Hay Yeung Cheung, Lori P. Hager. Harris A. Wolin of MYERS WOLIN, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      WEST TOWER, FLOOR 7
      100 HEADQUARTERS PLAZA
      MORRISTOWN, New Jersey 07960
      United States
The docket/reference number is TFBC 8918.

The phone number is 973-828-1284.

The fax number is 866-864-3947.

The email address is tm@myerswolin.com

Harris A. Wolin 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: HARRIS A. WOLIN. HARRIS A. WOLIN of MYERS WOLIN, LLC, is located at

      WEST TOWER, FLOOR 7
      100 HEADQUARTERS PLAZA
      MORRISTOWN, New Jersey 07960
      US
The docket/reference number is TFBC 8918.

The phone number is 973-828-1284.

The fax number is 866-864-3947.

The email address is tm@myerswolin.com

The applicants proposed correspondence information: Harris A. Wolin. Harris A. Wolin of MYERS WOLIN, LLC, is located at

      WEST TOWER, FLOOR 7
      100 HEADQUARTERS PLAZA
      MORRISTOWN, New Jersey 07960
      United States
The docket/reference number is TFBC 8918.

The phone number is 973-828-1284.

The fax number is 866-864-3947.

The email address is tm@myerswolin.com

SIGNATURE(S)
Response Signature
Signature: /Harris A. Wolin/     Date: 11/01/2019
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of record, NJ Bar Member

Signatory's Phone Number: 973-828-1284

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:    HARRIS A. WOLIN
   MYERS WOLIN, LLC
   WEST TOWER, FLOOR 7
   100 HEADQUARTERS PLAZA
   MORRISTOWN, New Jersey 07960
Mailing Address:    Harris A. Wolin
   MYERS WOLIN, LLC
   WEST TOWER, FLOOR 7
   100 HEADQUARTERS PLAZA
   MORRISTOWN, New Jersey 07960
        
Serial Number: 88309298
Internet Transmission Date: Fri Nov 01 15:02:52 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191101150252637
802-88309298-70014873f4d073b91023b28ad7d
ca9a1fc8190b15378f874563e45ece73a5675-N/
A-N/A-20191101121249348218