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. 88394364 KIND BEAUTY(Standard Characters, see http://uspto.report/TM/88394364/mark.png) has been amended as follows:

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

Hi, I am responding to the Office Action letter I received. The letter informed me that my trademark for Kind Beauty was refused on the basis that it was similar to one existing trademark (4847444) and that there was also a prior- filed application (88218480) which preceded my own application. I've provided my rebuttal for both counts below on why I'm appealing the USPTO's decision and feel my trademark should be granted: 1. For the trademark that is 'similar' to mine (4847444), that company closed their operations in March 2019 and are no longer an active business. Here is a link to an article that states this : http://www.cew.org/beauty_news/beautykind-loses-funding-closes-operations/ 2. For the prior-filed application (88218480), our respective business names are spelled differently and we are providing different services. That business is also not operational and has no presence online. I hope the above serves as evidence as to why my trademark should be granted. Thanks so much! Elle Allen

The applicant's current correspondence information: CEO/FOUNDER. CEO/FOUNDER of KIND BEAUTY, is located at

      P.O. BOX 2125
      PALM SPRINGS, California 92263
      US

The phone number is 310-745-2795.

The email address is elleallen@hotmail.com

The applicants proposed correspondence information: Elle Allen. Elle Allen of KIND BEAUTY, is located at

      1819 Polk St
      #312
      San Francisco, California 94109
      United States

The phone number is 7602538630.

The email address is elleallen@hotmail.com; ellarieallen@gmail.com

SIGNATURE(S)
Response Signature
Signature: /EllarieAllen/     Date: 10/12/2019
Signatory's Name: Ellarie Allen
Signatory's Position: Owner/Individual/Holder

Signatory's Phone Number: 760-253-8630

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    CEO/FOUNDER
   KIND BEAUTY
   
   P.O. BOX 2125
   PALM SPRINGS, California 92263
Mailing Address:    Elle Allen
   KIND BEAUTY
   1819 Polk St
   #312
   San Francisco, California 94109
        
Serial Number: 88394364
Internet Transmission Date: Sat Oct 12 21:39:43 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019101221394389
1768-88394364-6109bcbf6d981a44a8d686f5b9
646bb7d6e79d761ddf75aa4a60c865e9b1edf1a8
-N/A-N/A-20191012203657341357