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. 88336908 KLUG (Stylized and/or with Design, see http://uspto.report/TM/88336908/mark.png) has been amended as follows:

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

The client confirmed that the wording "KLUG" does NOT identify the surname of any officer, founder, owner, or principal of applicant's business.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for esthetic massage apparatus for household use; Electric massage apparatus for household use; high-frequency esthetic skin massage apparatus for household purposes; electrically cold-hot massaging apparatus for household purposes; electric skin massaging apparatus for household purposes; electric air massaging apparatus for household purposes; electric heating massaging apparatus for household purposes; low-frequency electric therapy apparatus for the cosmetic treatment of skin not for medical use; vibration massaging apparatus for household purposes; Electric massage appliances, namely, electric vibrating massager; electric massage apparatus for personal use; acupoint massage apparatus; Massaging apparatus for personal use; esthetic massage apparatus; Massage apparatus; Massage apparatus and instruments; Low-frequency medical equipment, namely, low frequency skin care electric therapy apparatus for household purposes; electric heating skin massaging apparatus; electrically operated massagers; Vibromassage apparatus; ultrasonic massaging apparatus; Ultrasonic therapy machines and apparatus
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 40-2018-0137 filed 10/08/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Esthetic massage apparatus for household use; Electric massage apparatus for household use; Electric massage apparatus for household use; High-frequency esthetic skin massage apparatus for household purposes; electrically cold-hot massaging apparatus for household purposes; Electric skin massaging apparatus for household purposes; electric air massaging apparatus for household purposes; electric heating massaging apparatus for household purposes; low-frequency electric therapy apparatus for the cosmetic treatment of skin not for medical use; Low-frequency electric therapy apparatus for the cosmetic treatment of skin not for medical use; Vibration massaging apparatus for household purposes; Electric massage appliances, namely, electric vibrating massager; Electric massage appliances, namely, electric vibrating massager; Electric massage apparatus for personal use; Acupoint massage apparatus; Massaging apparatus for personal use; Massaging apparatus for personal use; Esthetic massage apparatus; Massage apparatus; Massage apparatus and instruments; Low-frequency medical equipment, namely, low frequency skin care electric therapy apparatus for household purposes; electric heating skin massaging apparatus; electrically operated massagers; Electrically operated massagers, namely, {massage apparatus, electric vibrating massager}; Vibromassage apparatus; ultrasonic massaging apparatus; Ultrasonic therapy machines and apparatusClass 010 for Esthetic massage apparatus for household use; Electric massage apparatus for household use; High-frequency esthetic skin massage apparatus for household purposes; electrically cold-hot massaging apparatus for household purposes; Electric skin massaging apparatus for household purposes; electric air massaging apparatus for household purposes; electric heating massaging apparatus for household purposes; Low-frequency electric therapy apparatus for the cosmetic treatment of skin not for medical use; Vibration massaging apparatus for household purposes; Electric massage appliances, namely, electric vibrating massager; Electric massage apparatus for personal use; Acupoint massage apparatus; Massaging apparatus for personal use; Esthetic massage apparatus; Massage apparatus; Massage apparatus and instruments; Low-frequency medical equipment, namely, low frequency skin care electric therapy apparatus for household purposes; electric heating skin massaging apparatus; Electrically operated massagers, namely, {massage apparatus, electric vibrating massager}; Vibromassage apparatus; ultrasonic massaging apparatus; Ultrasonic therapy machines and apparatus
Deleted Filing Basis: 1(b); and 44(d).
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Korea, South registration number 40-1491920 registered 06/21/2019 with a renewal date of __________ and an expiration date of __________ ], 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:
FRU0-4710082-144649357_._____________40-1491920__40-2018-0137632_______.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2
Original PDF file:
FRU0-4710082-144649357_.____________40-1491920__40-2018-0137632_______.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1

The applicant's current attorney information: Heedong Chae. Heedong Chae of LUCEM, PC, is located at

      660 S FIGUEROA ST, SUITE 1200
      LOS ANGELES, California 90017
      US
The docket/reference number is 7330TM03.

The phone number is 213-387-3630.

The fax number is 2138636332.

The email address is trademark@lucemlaw.com

The applicants proposed attorney information: Heedong Chae. Heedong Chae of LUCEM, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      660 S FIGUEROA ST, SUITE 1200
      LOS ANGELES, California 90017
      United States
The docket/reference number is 7330TM03.

The phone number is 213-387-3630.

The fax number is 2138636332.

The email address is trademark@lucemlaw.com

Heedong Chae 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: HEEDONG CHAE. HEEDONG CHAE of LUCEM, PC, is located at

      660 S FIGUEROA ST, SUITE 1200
      LOS ANGELES, California 90017
      US
The docket/reference number is 7330TM03.

The phone number is 213-387-3630.

The fax number is 2138636332.

The email address is trademark@lucemlaw.com; iplaw.advocate@gmail.com

The applicants proposed correspondence information: Heedong Chae. Heedong Chae of LUCEM, PC, is located at

      660 S FIGUEROA ST, SUITE 1200
      LOS ANGELES, California 90017
      United States
The docket/reference number is 7330TM03.

The phone number is 213-387-3630.

The fax number is 2138636332.

The email address is trademark@lucemlaw.com; iplaw.advocate@gmail.com

ADDITIONAL STATEMENTS
Translation
The English translation of KLUG in the mark is clever.


Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


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: /hc/     Date: 11/21/2019
Signatory's Name: Heedong Chae
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: 2133873630

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:    HEEDONG CHAE
   LUCEM, PC
   
   660 S FIGUEROA ST, SUITE 1200
   LOS ANGELES, California 90017
Mailing Address:    Heedong Chae
   LUCEM, PC
   660 S FIGUEROA ST, SUITE 1200
   LOS ANGELES, California 90017
        
Serial Number: 88336908
Internet Transmission Date: Thu Nov 21 15:12:32 EST 2019
TEAS Stamp: USPTO/ROA-X.X.XXX.XX-2019112115123219132
5-88336908-7004f88a0738ad3d13e853371e286
6d7daeeba81c822afe292e6b2268fb3bac90-N/A
-N/A-20191121144649357417