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. 88387673 SKIN COMPLETE(Standard Characters, see http://uspto.report/TM/88387673/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 005 for Medicated food supplements; health food supplements; dietary supplements, for medical use; food supplements, predominantly of vitamins, minerals or trace elements; dietary supplements, other than for medical use; food supplements for human consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); probiotic supplements; nutritional supplements, namely, probiotic compositions
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[ United Kingdom application number UK0003347003 filed 10/19/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0003347003 registered 01/11/2019 with a renewal date of __________ and an expiration date of 10/19/2028 ], 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.

Proposed:
Tracked Text Description: Medicated food supplements; health food supplements; dietary supplements, for medical use; food supplements, predominantly of vitamins, minerals or trace elements; dietary supplements, other than for medical use; food supplements for human consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); food supplements for human consumption, other than medicated, or predominantly of vitamins, minerals or trace elements; probiotic supplements; nutritional supplements, namely, probiotic compositionsClass 005 for Medicated food supplements; health food supplements; dietary supplements, for medical use; food supplements, predominantly of vitamins, minerals or trace elements; dietary supplements, other than for medical use; food supplements for human consumption, other than medicated, or predominantly of vitamins, minerals or trace elements; probiotic supplements; nutritional supplements, namely, probiotic compositions
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 [ United Kingdom application number UK0003347003 filed 10/19/2018]. 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 [ United Kingdom registration number UK0003347003 registered 01/11/2019 with a renewal date of __________ and an expiration date of 10/19/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

The applicant's current attorney information: Susan E. Clady. Susan E. Clady of BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP, is located at

      SUITE 2300
      200 PUBLIC SQUARE
      CLEVELAND, Ohio 44114
      US
The docket/reference number is 34712-6.

The phone number is 216-363-4152.

The fax number is 216.363.4588.

The email address is trademark@beneschlaw.com

The applicants proposed attorney information: Susan E. Clady. Other appointed attorneys are Mark Avsec, Kristopher Chandler, Alison Evans, Julie Fenstermaker, Thomas Kendrick, Benjamen Kern, Thomas Kern, Amanda Miller, Risto Pribisich, Raymond Russell, Stephen Scanlon, Helen Schweitz, Katherine Smith, and Michael Stovsky. Susan E. Clady of BENESCH, FRIEDLANDER, COPLAN & ARONOFF 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

      SUITE 2300
      200 PUBLIC SQUARE
      CLEVELAND, Ohio 44114
      United States
The docket/reference number is 34712-6.

The phone number is 216-363-4152.

The fax number is 216.363.4588.

The email address is trademark@beneschlaw.com

Susan E. Clady 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: SUSAN E. CLADY. SUSAN E. CLADY of BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP, is located at

      SUITE 2300
      200 PUBLIC SQUARE
      CLEVELAND, Ohio 44114
      US
The docket/reference number is 34712-6.

The phone number is 216-363-4152.

The fax number is 216.363.4588.

The email address is trademark@beneschlaw.com

The applicants proposed correspondence information: Susan E. Clady. Susan E. Clady of BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP, is located at

      SUITE 2300
      200 PUBLIC SQUARE
      CLEVELAND, Ohio 44114
      United States
The docket/reference number is 34712-6.

The phone number is 216-363-4152.

The fax number is 216.363.4588.

The email address is trademark@beneschlaw.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SKIN apart from the mark as shown.


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: /Susan E. Clady/     Date: 12/16/2019
Signatory's Name: Susan E. Clady
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 216-363-4152

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:    SUSAN E. CLADY
   BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
   SUITE 2300
   200 PUBLIC SQUARE
   CLEVELAND, Ohio 44114
Mailing Address:    Susan E. Clady
   BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
   SUITE 2300
   200 PUBLIC SQUARE
   CLEVELAND, Ohio 44114
        
Serial Number: 88387673
Internet Transmission Date: Mon Dec 16 09:24:56 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201912160924565
78580-88387673-7002bedccf78c3d7c62a84bb7
556f434bfa4e4ba7246a465d969851c59b126dd0
8b-N/A-N/A-20191216092409910750