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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88387935 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88387935/mark.png |
LITERAL ELEMENT |
SKIN YOUTH BIOME |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
005 |
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);
probiotic supplements; nutritional supplements, namely, probiotic compositions |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
UK0003297052 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
08/24/2018 |
FOREIGN EXPIRATION DATE |
03/15/2028 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
005 |
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 compositions |
FINAL 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;
probiotic supplements; nutritional supplements, namely, probiotic compositions |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
UK0003297052 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
08/24/2018 |
FOREIGN EXPIRATION DATE |
03/15/2028 |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use SKIN apart from the mark as shown. |
ATTORNEY SECTION (current) |
NAME |
Susan E. Clady |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP |
INTERNAL ADDRESS |
SUITE 2300 |
STREET |
200 PUBLIC SQUARE |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44114 |
COUNTRY |
US |
PHONE |
216-363-4152 |
FAX |
216.363.4588 |
EMAIL |
trademark@beneschlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
34712-8 |
ATTORNEY SECTION (proposed) |
NAME |
Susan E. Clady |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP |
INTERNAL ADDRESS |
SUITE 2300 |
STREET |
200 PUBLIC SQUARE |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44114 |
COUNTRY |
United States |
PHONE |
216-363-4152 |
FAX |
216.363.4588 |
EMAIL |
trademark@beneschlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
34712-8 |
OTHER APPOINTED ATTORNEY |
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 |
CORRESPONDENCE SECTION (current) |
NAME |
SUSAN E. CLADY |
FIRM NAME |
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP |
INTERNAL ADDRESS |
SUITE 2300 |
STREET |
200 PUBLIC SQUARE |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44114 |
COUNTRY |
US |
PHONE |
216-363-4152 |
FAX |
216.363.4588 |
EMAIL |
trademark@beneschlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
34712-8 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Susan E. Clady |
FIRM NAME |
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP |
INTERNAL ADDRESS |
SUITE 2300 |
STREET |
200 PUBLIC SQUARE |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44114 |
COUNTRY |
United States |
PHONE |
216-363-4152 |
FAX |
216.363.4588 |
EMAIL |
trademark@beneschlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
34712-8 |
SIGNATURE SECTION |
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 |
/Susan E. Clady/ |
SIGNATORY'S NAME |
Susan E. Clady |
SIGNATORY'S POSITION |
Attorney of record, Ohio bar member |
SIGNATORY'S PHONE NUMBER |
216-363-4152 |
DATE SIGNED |
12/16/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Dec 16 09:27:04 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20191216092704847591-8838
7935-700e2552ef879a231794
ab5a350b8c627b55b3824f1c9
6eacc6aadfea084f4a2b5-N/A
-N/A-20191216092628429167 |
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.
88387935 SKIN YOUTH BIOME(Standard Characters, see http://uspto.report/TM/88387935/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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0003297052 registered
08/24/2018 with a renewal date of __________ and an expiration date of 03/15/2028 ], 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(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0003297052 registered
08/24/2018 with a renewal date of __________ and an expiration date of 03/15/2028 ], 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 34712-8.
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 34712-8.
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 34712-8.
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 34712-8.
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: 88387935
Internet Transmission Date: Mon Dec 16 09:27:04 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201912160927048
47591-88387935-700e2552ef879a231794ab5a3
50b8c627b55b3824f1c96eacc6aadfea084f4a2b
5-N/A-N/A-20191216092628429167