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. 88312576 CELRAUM(Standard Characters, see http://uspto.report/TM/88312576/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for cosmetic gels and oils for tanning; gel eye masks; functional cosmetics; massage oils and lotions; massage packs; cosmetics for massage; mask sheet; make-up; cosmetic preparations for the hair and scalp; cosmetic preparations for bath and shower; cosmetic preparations for body care; beauty care cosmetics; sun block cosmetics; cosmetic preparations for skin care; soaps for personal use; cosmetics using natural substances; cosmetics for face and body; hair masks; mask pack for cosmetic purposes; cosmetics
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.

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[ Korea, South application number 40-2019-0014 filed 01/28/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: cosmetic gels and oils for tanning; Non-medicated cosmetic gels and oils for tanning; gel eye masks; functional cosmetics; functional cosmetics in the nature of cosmetics; massage oils and lotions; massage packs; massage packs, namely, facial mask packs for cosmetic purposes; cosmetics for massage; cosmetics for massage in the nature of massage oil, massage lotion; mask sheet; mask sheet in the nature of cosmetic masks; make-up; cosmetic preparations for the hair and scalp; cosmetic preparations for bath and shower; cosmetic preparations for bath and shower in the nature of hair conditioners, shower and bath gels; cosmetic preparations for body care; beauty care cosmetics; sun block cosmetics; non-medicated sun block cosmetics in the nature of sun block; cosmetic preparations for skin care; soaps for personal use; non-medicated soaps for personal use; cosmetics using natural substances; cosmetics using natural substances in the nature of mascara, make-up foundations, non-medicated cosmetic creams; cosmetics for face and body; cosmetics for face and body in the nature of face lotion, body lotion; hair masks; mask pack for cosmetic purposes; mask pack for cosmetic purposes containing facial masks. hair masks; cosmetics; all of the foregoing being non-medicatedClass 003 for Non-medicated cosmetic gels and oils for tanning; gel eye masks; functional cosmetics in the nature of cosmetics; massage oils and lotions; massage packs, namely, facial mask packs for cosmetic purposes; cosmetics for massage in the nature of massage oil, massage lotion; mask sheet in the nature of cosmetic masks; make-up; cosmetic preparations for the hair and scalp; cosmetic preparations for bath and shower in the nature of hair conditioners, shower and bath gels; cosmetic preparations for body care; beauty care cosmetics; non-medicated sun block cosmetics in the nature of sun block; cosmetic preparations for skin care; non-medicated soaps for personal use; cosmetics using natural substances in the nature of mascara, make-up foundations, non-medicated cosmetic creams; cosmetics for face and body in the nature of face lotion, body lotion; hair masks; mask pack for cosmetic purposes containing facial masks. hair masks; cosmetics; all of the foregoing being non-medicated
Deleted Filing Basis: 1(b)
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 [ Korea, South application number 40-2019-0014 filed 01/28/2019]. 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 [ Korea, South registration number 40-1537556 registered 10/30/2019 with a renewal date of __________ and an expiration date of 10/30/2029 ], 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.
Original PDF file:
FRU0-7017522552-172127419_._REGISTRATION_CERTIFICATE.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1
Original PDF file:
FRU0-7017522552-172127419_._EnglishTranslation.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current attorney information: Sang Ho Lee. Sang Ho Lee of NOVICK, KIM & LEE, PLLC, is located at

      SUITE 404
      3251 OLD LEE HIGHWAY
      FAIRFAX, Virginia 22030
      US
The docket/reference number is TL2661338.

The phone number is 703-745-5495.

The fax number is 703-563-9748.

The email address is docket@nkllaw.com

The applicants proposed attorney information: Sang Ho Lee. Other appointed attorneys are David Youngjoon Jung, Harold L. Novick. Sang Ho Lee of NOVICK, KIM & LEE, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 404
      3251 OLD LEE HIGHWAY
      FAIRFAX, Virginia 22030
      United States
The docket/reference number is TL2661338.

The phone number is 703-745-5495.

The fax number is 703-563-9748.

The email address is docket@nkllaw.com

Sang Ho Lee 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: SANG HO LEE. SANG HO LEE of NOVICK, KIM & LEE, PLLC, is located at

      SUITE 404
      3251 OLD LEE HIGHWAY
      FAIRFAX, Virginia 22030
      US
The docket/reference number is TL2661338.

The phone number is 703-745-5495.

The fax number is 703-563-9748.

The email address is docket@nkllaw.com; slee@nkllaw.com; djung@nkllaw.com

The applicants proposed correspondence information: Sang Ho Lee. Sang Ho Lee of NOVICK, KIM & LEE, PLLC, is located at

      SUITE 404
      3251 OLD LEE HIGHWAY
      FAIRFAX, Virginia 22030
      United States
The docket/reference number is TL2661338.

The phone number is 703-745-5495.

The fax number is 703-563-9748.

The email address is docket@nkllaw.com; slee@nkllaw.com; djung@nkllaw.com

ADDITIONAL STATEMENTS
Translation
The wording "CELRAUM" has no meaning in a foreign language.


SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Sang Ho Lee/     Date: 11/01/2019
Signatory's Name: Sang Ho Lee
Signatory's Position: Attorney of record, California bar member

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:    SANG HO LEE
   NOVICK, KIM & LEE, PLLC
   SUITE 404
   3251 OLD LEE HIGHWAY
   FAIRFAX, Virginia 22030
Mailing Address:    Sang Ho Lee
   NOVICK, KIM & LEE, PLLC
   SUITE 404
   3251 OLD LEE HIGHWAY
   FAIRFAX, Virginia 22030
        
Serial Number: 88312576
Internet Transmission Date: Fri Nov 01 17:45:44 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019110117454474
3382-88312576-7004d36e47a95f9a4aa99e9a81
4963d438665e76a3c9435cdfbb21dba28719e333
-N/A-N/A-20191101172127419257