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. 88342239 ARJA(Standard Characters, see http://uspto.report/TM/88342239/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Argument responding to the Examining Attorney's likelihood of confusion refusal.
Original PDF file:
evi_1-69124197230-2020041 3212533632849_._2020-04-1 3_Arja_Response_to_Office _Action.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Cosmetics; Non-medicated skin care preparations; Beauty soap
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/21/2019 and first used in commerce at least as early as 02/21/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Cosmetics; Plant-based, vegan cosmetics for adults and children; Non-medicated skin care preparations; Plant-based, vegan non-medicated skin care preparations for adults and children; Beauty soap; Plant-based, vegan beauty soap for adults and childrenClass 003 for Plant-based, vegan cosmetics for adults and children; Plant-based, vegan non-medicated skin care preparations for adults and children; Plant-based, vegan beauty soap for adults and children
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/21/2019 and first used in commerce at least as early as 02/21/2019 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 035 for On-line wholesale and retail store services featuring non-medicated skin care preparations, beauty soap, and cosmetics
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/14/2019 and first used in commerce at least as early as 03/14/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: On-line wholesale and retail store services featuring non-medicated skin care preparations, beauty soap, and cosmetics; On-line wholesale and retail store services featuring plant-based, vegan non-medicated skin care preparations, beauty soap, and cosmetics for adults and childrenClass 035 for On-line wholesale and retail store services featuring plant-based, vegan non-medicated skin care preparations, beauty soap, and cosmetics for adults and children
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/14/2019 and first used in commerce at least as early as 03/14/2019 , and is now in use in such commerce.
The owner's/holder's current attorney information:  Margaret Scoolidge of SCOOLIDGE, PETERS, RUSSOTTI & FOX LLP, is located at

      135 MADISON AVENUE, 5TH FLOOR
      NEW YORK, New York 10016
      United States
      The phone number is 212-729-7708.
      The email address is margaret@sprfllp.com

The owner's/holder's proposed attorney information: Other appointed attorneys are Peter Scoolidge. Margaret Scoolidge of SCOOLIDGE, PETERS, RUSSOTTI & FOX 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

      2 Park Avenue, 19th Floor
      NEW YORK, New York 10016
      United States
      The phone number is 212-729-7708.
      The email address is margaret@sprfllp.com

Margaret Scoolidge 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.Correspondence Information (current):
      MARGARET SCOOLIDGE
      PRIMARY EMAIL FOR CORRESPONDENCE: margaret@sprfllp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@sprfllp.com; peter@sprfllp.com
Correspondence Information (proposed):
      Margaret Scoolidge
      PRIMARY EMAIL FOR CORRESPONDENCE: margaret@sprfllp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@sprfllp.com; peter@sprfllp.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Margaret Scoolidge/     Date: 04/13/2020
Signatory's Name: Margaret Scoolidge
Signatory's Position: Attorney of record

Signatory's Phone Number: 2127297708

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:    MARGARET SCOOLIDGE
   SCOOLIDGE, PETERS, RUSSOTTI & FOX LLP
   
   135 MADISON AVENUE, 5TH FLOOR
   NEW YORK, New York 10016
Mailing Address:    Margaret Scoolidge
   SCOOLIDGE, PETERS, RUSSOTTI & FOX LLP
   2 Park Avenue, 19th Floor
   NEW YORK, New York 10016
        
Serial Number: 88342239
Internet Transmission Date: Mon Apr 13 21:45:00 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202004132145000
29555-88342239-7106b2292e0c146da431623a9
6b8bec7df08acdeb54c3fe9e5e1e68ea2454fe31
bd-N/A-N/A-20200413212533632849