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)

---

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. 88409362 HEALTH AND HAPPINESS(Standard Characters, see http://uspto.report/TM/88409362/mark.png) has been amended as follows:

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

Please see Applicant’s response to the Office Action dated July 10, 2019 attached within the Evidence section.

EVIDENCE

Original PDF file:
evi_1371691081-20200110152717300752_._H_H_OAR.pdf
Converted PDF file(s) ( 18 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Original PDF file:
evi_1371691081-20200110152717300752_._H_H_-_Declaration_of_Gracye_Cheng__65980669_1_.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1371691081-20200110152717300752_._H_H_Exhibit_A_-_Cited_Registration_Specimen__65974057_1_.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Advertising mailer
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.

Proposed:
Tracked Text Description: Advertising mailer; advertising mailer, namely a selection of coupons for discounts on a range of health and wellness products and servicesClass 016 for advertising mailer, namely a selection of coupons for discounts on a range of health and wellness products and services
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.

The applicant's current attorney information: Joshua L. Simmons. Joshua L. Simmons of KIRKLAND & ELLIS LLP, is located at

      601 Lexington Avenue
      New York, New York 10022
      US
The docket/reference number is 25043-10.

The phone number is 212 446-4800.

The fax number is 212 446-4900.

The email address is trademarks@kirkland.com

The applicants proposed attorney information: Joshua L. Simmons. Joshua L. Simmons of KIRKLAND & ELLIS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      601 Lexington Avenue
      New York, New York 10022
      United States
The docket/reference number is 25043-10.

The phone number is 212 446-4800.

The fax number is 212 446-4900.

The email address is trademarks@kirkland.com

Joshua L. Simmons 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: Joshua L. Simmons. Joshua L. Simmons of KIRKLAND & ELLIS LLP, is located at

      601 Lexington Avenue
      New York, New York 10022
      US
The docket/reference number is 25043-10.

The phone number is 212 446-4800.

The fax number is 212 446-4900.

The email address is trademarks@kirkland.com; joshua.simmons@kirkland.com; michelle.foy@kirkland.com; jeff.nicholas@kirkland.com

The applicants proposed correspondence information: Joshua L. Simmons. Joshua L. Simmons of KIRKLAND & ELLIS LLP, is located at

      601 Lexington Avenue
      New York, New York 10022
      United States
The docket/reference number is 25043-10.

The phone number is 212 446-4800.

The fax number is 212 446-4900.

The email address is trademarks@kirkland.com

SIGNATURE(S)
Response Signature
Signature: /Joshua L. Simmons/     Date: 01/10/2020
Signatory's Name: Joshua L. Simmons
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: (212) 446-4989

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:    Joshua L. Simmons
   KIRKLAND & ELLIS LLP
   
   601 Lexington Avenue
   New York, New York 10022
Mailing Address:    Joshua L. Simmons
   KIRKLAND & ELLIS LLP
   601 Lexington Avenue
   New York, New York 10022
        
Serial Number: 88409362
Internet Transmission Date: Fri Jan 10 16:24:57 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2020011016245751
1527-88409362-70080b64eb12d2bc514a2865a9
d7eb52d664e10ef500b81581482e41140464a-N/
A-N/A-20200110152717300752