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. 88374104 MAMADERMA(Standard Characters, see http://uspto.report/TM/88374104/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Applicant's Response to Office Action and Exhibits A - C has been attached.
Original PDF file:
evi_260088012c0587003d675339b685962-20191205121747945949_._12-05_-_DAGAMMA.001T_-_Response_to_Office_Action__MAMADERMA_.pdf
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Body cream; Body creams; Cosmetic creams; Cosmetic creams for skin care; Moisturizing creams; Non-medicated balms for use on skin, namely, a gel, cream, or ointment for improving the appearance of stretch marks or other skin imperfections; Non-medicated skin creams; Non-medicated skin care creams and lotions; Non-medicated skin care preparations, namely, a gel, cream, oil or ointment for improving the appearance of stretch marks or other skin imperfections; Non-medicated skin care preparations; Skin and body topical lotions, creams and oils for cosmetic use
Original Filing Basis:
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 11/18/2018 and first used in commerce at least as early as 01/15/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Body cream; Non-medicated skin care preparations for pregnant women and postpartum mothers for the prevention of and improving the appearance of stretch marks caused by pregnancy; Body creams; Cosmetic creams; Cosmetic creams for skin care; Moisturizing creams; Non-medicated balms for use on skin, namely, a gel, cream, or ointment for improving the appearance of stretch marks or other skin imperfections; Non-medicated skin creams; Non-medicated skin care creams and lotions; Non-medicated skin care preparations, namely, a gel, cream, oil or ointment for improving the appearance of stretch marks or other skin imperfections; Non-medicated skin care preparations; Skin and body topical lotions, creams and oils for cosmetic useClass 003 for Non-medicated skin care preparations for pregnant women and postpartum mothers for the prevention of and improving the appearance of stretch marks caused by pregnancy
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 01/15/2019 and first used in commerce at least as early as 01/15/2019 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Silicone-based personal lubricants; Homeopathic anti-inflammatory ointment; Medical lubricant, namely, vaginal lubricants; Medical preparations for the treatment of skin, namely, a gel, cream, or ointment for improving the appearance of stretch marks or other skin imperfections; Medicated balms for treatment of stretch marks, sore nipples,; Medicated creams for treating dermatological conditions; Medicated ointments for treating dermatological conditions; Medicated dermatological preparations and substances; Medicated skin preparation for use in treating skin, namely, a gel, cream, or ointment for improving the appearance of stretch marks or other skin imperfections; Medicated skin care preparations; Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Medicinal creams for skin care; Personal lubricants; Pharmaceutical preparation for skin care; Pharmaceutical preparations and substances for the treatment of damaged skin and tissue; Pharmaceutical preparations for skin care; Pharmaceutical preparations for the prevention of dry chapped and cracked skin; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for BURNS, SCRATCHES, MINOR CUTS AND WOUNDS, DRY, CHAPPED AND CRACKED SKIN AND THERAPEUTIC WOUND DRESSINGS CONTAINING LANOLIN; Pharmaceutical products and preparations against dry skin caused by pregnancy; Pharmaceutical products and preparations for hydrating the skin during pregnancy; Pharmaceutical products and preparations for pregnancy blemishes; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharmaceutical products and preparations to prevent stretch marks
Original Filing Basis:
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 11/18/2018 and first used in commerce at least as early as 01/15/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Silicone-based personal lubricants; Medicated skin care preparations for pregnant women and postpartum mothers for the prevention of and improving the appearance of stretch marks caused by pregnancy; Homeopathic anti-inflammatory ointment; Medical lubricant, namely, vaginal lubricants; Medical preparations for the treatment of skin, namely, a gel, cream, or ointment for improving the appearance of stretch marks or other skin imperfections; Medicated balms for treatment of stretch marks, sore nipples,; Medicated creams for treating dermatological conditions; Medicated ointments for treating dermatological conditions; Medicated dermatological preparations and substances; Medicated skin preparation for use in treating skin, namely, a gel, cream, or ointment for improving the appearance of stretch marks or other skin imperfections; Medicated skin care preparations; Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Medicinal creams for skin care; Personal lubricants; Pharmaceutical preparation for skin care; Pharmaceutical preparations and substances for the treatment of damaged skin and tissue; Pharmaceutical preparations for skin care; Pharmaceutical preparations for the prevention of dry chapped and cracked skin; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for BURNS, SCRATCHES, MINOR CUTS AND WOUNDS, DRY, CHAPPED AND CRACKED SKIN AND THERAPEUTIC WOUND DRESSINGS CONTAINING LANOLIN; Pharmaceutical products and preparations against dry skin caused by pregnancy; Pharmaceutical products and preparations for hydrating the skin during pregnancy; Pharmaceutical products and preparations for pregnancy blemishes; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharmaceutical products and preparations to prevent stretch marksClass 005 for Medicated skin care preparations for pregnant women and postpartum mothers for the prevention of and improving the appearance of stretch marks caused by pregnancy
Deleted Filing Basis: 1(a)
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.

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: /ryan gile/     Date: 12/05/2019
Signatory's Name: Ryan Gile
Signatory's Position: Attorney of record, Nevada 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.

        
Serial Number: 88374104
Internet Transmission Date: Thu Dec 05 12:38:46 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXX:X
XXX:XXXX-20191205123846274459-88374104-7
00d02c9f926cfb9aa2abc0d1ed6caabff88c8f61
a43c42a98693dd1dce20d2-N/A-N/A-201912051
21747945949