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. 88390079 WATER INFUSION SYSTEM(Standard Characters, see http://uspto.report/TM/88390079/mark.png) has been amended as follows:

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

Applicant respectfully requests suspension of the application pending issuance and submission of the corresponding foreign registration.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Facial treatment machines and/or devices having fine water particle generating and infiltrating functions for household purposes; facial moisturizing spray machines having fine water particle generating and infiltrating functions for home treatment; nano water facial spray machines having fine water particle generating and infiltrating functions for home treatment; electronic facial steamers for home treatment; facial sauna apparatus for home treatment; portable facial treatment machines and/or devices (for household purposes); portable facial moisturizing spray machines for home treatment; nano water facial spray machines for home treatment; portable electronic facial steamers; portable facial sauna apparatus; facial treatment machines and/or devices having fine water particle generating and infiltrating functions for industrial purposes; facial moisturizing spray machines having fine water particle generating and infiltrating functions for commercial use; nano water facial spray machines having fine water particle generating and infiltrating functions for commercial use; electronic facial steamers for commercial use; facial sauna apparatus for commercial use; facial equipment using ultrasonic waves for household purposes; portable facial equipment using ultrasonic waves for household purposes; fine water particle infiltrating device used in facial treatment machines for household purposes; fine water particle infiltrating device used in facial treatment machines for industrial purposes; Electronic facial steamers; steam facial apparatus; steam generators; steam generating installations; water purification and filtration apparatus; electronic generator for use in controlling the amount of humidity in the air by creating, removing or circulating small water particles or water vapor in the air household electrothermic appliances for beauty or sanitary purposes; air purifiers, electric; household electrothermic appliances; electric facial treatment machines and/or devices for household purposes; electric facial treatment machines and/or devices for industrial purposes; facial equipment using ultrasonic waves for industrial purposes; towel steamers for hair dressing purposes; hair drying machines for beauty salon use; hair steamers for beauty salon use; shampoo basins for barber's shop use; hair dryers; hand dryers; apparatus for steam generating; fine water particle infiltrating device; toilets (water-closets); prefabricated bathrooms sold as a unit; evaporators for chemical processing; distillers for chemical processing; air-conditioning apparatus (for household purposes); air-conditioning apparatus for industrial purposes; hot water heating installations; freezing machines and apparatus for industrial purposes; laundry dryers, electric, for industrial purposes; cooking apparatus and installations for commercial use; dish drying machines for commercial use; dish disinfectant apparatus for commercial use; kitchen worktops with integrated sinks for commercial use; kitchen sinks for commercial use; solar water heaters; water purifying apparatus for industrial purposes; gas water heaters for household purposes; on-electric cooking heaters for household purposes; kitchen worktops with integrated sinks for household purposes; kitchen sinks for household purposes; household tap-water filters, non-electric; toilet stool units with a washing water squirter; disinfectant dispensers for toilets; toilet bowls; seatings for use with Japanese style toilet bowls; bath fittings; stoves for household purposes, non-electric; air conditioning installations for cars; refrigerators; air conditioners; cooking apparatus and installations for household purposes
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[ Japan application number 2018-151336 filed 12/10/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Facial treatment machines and/or devices having fine water particle generating and infiltrating functions for household purposes; Facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for household purposes; facial moisturizing spray machines having fine water particle generating and infiltrating functions for home treatment; facial moisturizing spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for home treatment; nano water facial spray machines having fine water particle generating and infiltrating functions for home treatment; nanoparticle water facial spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for home treatment; electronic facial steamers for home treatment; facial sauna apparatus for home treatment; portable facial treatment machines and/or devices (for household purposes); portable facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas; portable facial moisturizing spray machines for home treatment; portable facial moisturizing spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas for home treatment; nano water facial spray machines for home treatment; nanoparticle water facial spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas for home treatment; portable electronic facial steamers; portable facial sauna apparatus; facial treatment machines and/or devices having fine water particle generating and infiltrating functions for industrial purposes; facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for industrial purposes; facial moisturizing spray machines having fine water particle generating and infiltrating functions for commercial use; facial moisturizing spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for commercial use; nano water facial spray machines having fine water particle generating and infiltrating functions for commercial use; nanoparticle water facial spray machines , namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for commercial use; electronic facial steamers for commercial use; facial sauna apparatus for commercial use; facial equipment using ultrasonic waves for household purposes; facial equipment, namely, steam facial apparatus, electronic facial steamers, facial saunas using ultrasonic waves for household purposes; portable facial equipment using ultrasonic waves for household purposes; portable facial equipment, namely, steam facial apparatus, electronic facial steamers, facial saunas using ultrasonic waves for household purposes; fine water particle infiltrating device used in facial treatment machines for household purposes; fine water particle infiltrating device, namely, steam facial apparatus, electronic facial steamers, facial saunas used in facial treatment for household purposes; fine water particle infiltrating device used in facial treatment machines for industrial purposes; fine water particle infiltrating device, namely, steam facial apparatus, electronic facial steamers, facial sauna used in facial treatment machines for industrial purposes; Electronic facial steamers; steam facial apparatus; steam generators; steam generating installations; water purification and filtration apparatus; electronic generator for use in controlling the amount of humidity in the air by creating, removing or circulating small water particles or water vapor in the air household electrothermic appliances for beauty or sanitary purposes; electronic generator for use in controlling the amount of humidity in the air by creating, removing or circulating small water particles or water vapor in the air; household electrothermic appliances, namely, steam facial and hair apparatus, electronic facial and hair steamers, facial and hair saunas for beauty or sanitary purposes; household electrothermic appliances; air purifiers, electric; electric facial treatment machines and/or devices for household purposes; household electrothermic appliances, namely, steam facial and hair apparatus, electronic facial and hair steamers, facial and hair saunas, electric humidifiers, electric dehumidifiers, electric water ionizers, electric space cooling apparatus, water purifiers; electric facial treatment machines and/or devices for industrial purposes; electric facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas for household purposes; facial equipment using ultrasonic waves for industrial purposes; electric facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas for industrial purposes; facial equipment, namely, steam facial apparatus, electronic facial steamers, facial saunas using ultrasonic waves for industrial purposes; towel steamers for hair dressing purposes; hair drying machines for beauty salon use; shampoo basins for barber's shop use; hair steamers for beauty salon use; shampoo basins being parts of sanitary installations for barber's shop use; hair dryers; hand dryers; fine water particle infiltrating device; apparatus for steam generating; toilets (water-closets); fine water particle infiltrating device used in air conditioners for household purposes; prefabricated bathrooms sold as a unit; fine water particle infiltering device used in air conditioners for industrial purposes; fine water particle infiltrating device used in air conditioning installations for vehicles; toilets, water closets; air-conditioning apparatus (for household purposes); prefabricated bathrooms sold as a unit, namely, shower and bath cubicles containing built-in toilet, sink, hand-held showers and flexible pipes being parts of shower plumbing installations, shower panels, shower bases and shower doors; evaporators for chemical processing; distillers for chemical processing; freezing machines and apparatus for industrial purposes; air-conditioning apparatus for household purposes; air-conditioning apparatus for industrial purposes; cooking apparatus and installations for commercial use; hot water heating installations; dish drying machines for commercial use; freezing machines and apparatus for industrial purposes, namely, commercial freezers, walk-in freezers; dish disinfectant apparatus for commercial use; laundry dryers, electric, for industrial purposes; kitchen worktops with integrated sinks for commercial use; cooking apparatus and installations for commercial use, namely, cooktops, microwave ovens, kitchen sinks, gas cooking ovens; industrial dish drying machines for commercial use; dish disinfectant apparatus for industrial use; kitchen sinks for commercial use; solar water heaters; on-electric cooking heaters for household purposes; water purifying apparatus for industrial purposes; kitchen worktops with integrated sinks for household purposes; gas water heaters for household purposes; on-electric cooking heaters for household purposes, namely, gas cooking heaters; kitchen sinks for household purposes; household tap-water filters, non-electric; toilet stool units with a washing water squirter; disinfectant dispensers for toilets; seatings for use with Japanese style toilet bowls; toilet bowls; bath fittings; seatings, namely, toilet seats for use with Japanese style toilet bowls; stoves for household purposes, non-electric; bath plumbing fittings, namely, couplers, drains; wood burning stoves for household purposes, non-electric; gas stoves for household purposes, non-electric; air conditioning installations for cars; cooking apparatus and installations for household purposes; refrigerators; air conditioners; cooking apparatus and installations for household purposes, namely, cooktops, cooking ovens, kitchen sinks, cooking heaters, gas cooking ovensClass 011 for Facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for household purposes; facial moisturizing spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for home treatment; nanoparticle water facial spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for home treatment; electronic facial steamers for home treatment; facial sauna apparatus for home treatment; portable facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas; portable facial moisturizing spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas for home treatment; nanoparticle water facial spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas for home treatment; portable electronic facial steamers; portable facial sauna apparatus; facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for industrial purposes; facial moisturizing spray machines, namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for commercial use; nanoparticle water facial spray machines , namely, steam facial apparatus, electronic facial steamers, facial saunas having fine water particle generating and infiltrating functions for commercial use; electronic facial steamers for commercial use; facial sauna apparatus for commercial use; facial equipment, namely, steam facial apparatus, electronic facial steamers, facial saunas using ultrasonic waves for household purposes; portable facial equipment, namely, steam facial apparatus, electronic facial steamers, facial saunas using ultrasonic waves for household purposes; fine water particle infiltrating device, namely, steam facial apparatus, electronic facial steamers, facial saunas used in facial treatment for household purposes; fine water particle infiltrating device, namely, steam facial apparatus, electronic facial steamers, facial sauna used in facial treatment machines for industrial purposes; Electronic facial steamers; steam facial apparatus; steam generators; steam generating installations; water purification and filtration apparatus; electronic generator for use in controlling the amount of humidity in the air by creating, removing or circulating small water particles or water vapor in the air; household electrothermic appliances, namely, steam facial and hair apparatus, electronic facial and hair steamers, facial and hair saunas for beauty or sanitary purposes; air purifiers, electric; household electrothermic appliances, namely, steam facial and hair apparatus, electronic facial and hair steamers, facial and hair saunas, electric humidifiers, electric dehumidifiers, electric water ionizers, electric space cooling apparatus, water purifiers; electric facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas for household purposes; electric facial treatment machines and/or devices, namely, steam facial apparatus, electronic facial steamers, facial saunas for industrial purposes; facial equipment, namely, steam facial apparatus, electronic facial steamers, facial saunas using ultrasonic waves for industrial purposes; towel steamers for hair dressing purposes; hair drying machines for beauty salon use; hair steamers for beauty salon use; shampoo basins being parts of sanitary installations for barber's shop use; hair dryers; hand dryers; apparatus for steam generating; fine water particle infiltrating device used in air conditioners for household purposes; fine water particle infiltering device used in air conditioners for industrial purposes; fine water particle infiltrating device used in air conditioning installations for vehicles; toilets, water closets; prefabricated bathrooms sold as a unit, namely, shower and bath cubicles containing built-in toilet, sink, hand-held showers and flexible pipes being parts of shower plumbing installations, shower panels, shower bases and shower doors; evaporators for chemical processing; distillers for chemical processing; air-conditioning apparatus for household purposes; air-conditioning apparatus for industrial purposes; hot water heating installations; freezing machines and apparatus for industrial purposes, namely, commercial freezers, walk-in freezers; laundry dryers, electric, for industrial purposes; cooking apparatus and installations for commercial use, namely, cooktops, microwave ovens, kitchen sinks, gas cooking ovens; industrial dish drying machines for commercial use; dish disinfectant apparatus for industrial use; kitchen sinks for commercial use; solar water heaters; water purifying apparatus for industrial purposes; gas water heaters for household purposes; on-electric cooking heaters for household purposes, namely, gas cooking heaters; kitchen sinks for household purposes; household tap-water filters, non-electric; toilet stool units with a washing water squirter; disinfectant dispensers for toilets; toilet bowls; seatings, namely, toilet seats for use with Japanese style toilet bowls; bath plumbing fittings, namely, couplers, drains; wood burning stoves for household purposes, non-electric; gas stoves for household purposes, non-electric; air conditioning installations for cars; refrigerators; air conditioners; cooking apparatus and installations for household purposes, namely, cooktops, cooking ovens, kitchen sinks, cooking heaters, gas cooking ovens
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 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 [ Japan application number 2018-151336 filed 12/10/2018]. 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.

The applicant's current attorney information: Jeffrey H. Handelsman. Jeffrey H. Handelsman of GREENBLUM & BERNSTEIN, P.L.C., is located at

      1950 ROLAND CLARKE PLACE
      RESTON, Virginia 20191-1411
      US
The docket/reference number is T57667.

The phone number is 703-716-1191.

The fax number is 703-716-1180.

The email address is eteas@gbpatent.com

The applicants proposed attorney information: Jeffrey H. Handelsman. Other appointed attorneys are Neil F. Greenblum; Bruce H. Bernstein; William S. Boshnick; Jill M. Browning; and the attorneys of Greenblum & Bernstein, P.L.C.. Jeffrey H. Handelsman of GREENBLUM & BERNSTEIN, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1950 ROLAND CLARKE PLACE
      RESTON, Virginia 20191-1411
      United States
The docket/reference number is T57667.

The phone number is 703-716-1191.

The fax number is 703-716-1180.

The email address is eteas@gbpatent.com

Jeffrey H. Handelsman 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: JEFFREY H. HANDELSMAN. JEFFREY H. HANDELSMAN of GREENBLUM & BERNSTEIN, P.L.C., is located at

      1950 ROLAND CLARKE PLACE
      RESTON, Virginia 20191-1411
      US
The docket/reference number is T57667.

The phone number is 703-716-1191.

The fax number is 703-716-1180.

The email address is eteas@gbpatent.com

The applicants proposed correspondence information: Jeffrey H. Handelsman. Jeffrey H. Handelsman of GREENBLUM & BERNSTEIN, P.L.C., is located at

      1950 ROLAND CLARKE PLACE
      RESTON, Virginia 20191-1411
      United States
The docket/reference number is T57667.

The phone number is 703-716-1191.

The fax number is 703-716-1180.

The email address is eteas@gbpatent.com

SIGNATURE(S)
Response Signature
Signature: /Jeffrey H. Handelsman/     Date: 12/10/2019
Signatory's Name: Jeffrey H. Handelsman
Signatory's Position: Attorney for Applicant, MD Bar (Ref.: T57667)

Signatory's Phone Number: 703-716-1191

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:    JEFFREY H. HANDELSMAN
   GREENBLUM & BERNSTEIN, P.L.C.
   
   1950 ROLAND CLARKE PLACE
   RESTON, Virginia 20191-1411
Mailing Address:    Jeffrey H. Handelsman
   GREENBLUM & BERNSTEIN, P.L.C.
   1950 ROLAND CLARKE PLACE
   RESTON, Virginia 20191-1411
        
Serial Number: 88390079
Internet Transmission Date: Tue Dec 10 16:29:47 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191210162947
316613-88390079-700ba63d485d6d05241c2f03
8d812c292f6862ed9c858069d7e7e8720d2c58-N
/A-N/A-20191210162333558131