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. 88422266 SHAPL (Stylized and/or with Design, see http://uspto.report/TM/88422266/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 antibacterial cleaners; portable first-aid kits; disinfectants for household purposes; babies' diapers; babies' diaper-pants; deodorants for clothing and textiles; deodorizer preparations for household use; antibacterial mouthwash; in vitro preparations for predicting ovulation for home use; eyepatches for medical purposes; menstruation tampons; sanitary pads; antibacterial detergents; medicine cases, portable, filled; adult diapers; collyrium; vitamin and mineral dietary supplements; bandages for skin wounds; air purifying preparations; chemical preparations for the diagnosis of pregnancy for home use
Original Filing Basis:
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[ Korea, South application number 40-2019-0041 filed 03/19/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: antibacterial cleaners; portable first-aid kits; disinfectants for household purposes; babies' diapers; babies' diaper-pants; deodorants for clothing and textiles; deodorizer preparations for household use; all-purpose deodorizer preparations for household use; antibacterial mouthwash; medicated antibacterial mouthwash; in vitro preparations for predicting ovulation for home use; in vitro preparations, namely, test kits, for predicting ovulation for home use; eyepatches for medical purposes; menstruation tampons; sanitary pads; antibacterial detergents; medicine cases, portable, filled; adult diapers; collyrium; vitamin and mineral dietary supplements; bandages for skin wounds; air purifying preparations; chemical preparations for the diagnosis of pregnancy for home useClass 005 for antibacterial cleaners; portable first-aid kits; disinfectants for household purposes; babies' diapers; babies' diaper-pants; deodorants for clothing and textiles; all-purpose deodorizer preparations for household use; medicated antibacterial mouthwash; in vitro preparations, namely, test kits, for predicting ovulation for home use; eyepatches for medical purposes; menstruation tampons; sanitary pads; antibacterial detergents; adult diapers; collyrium; vitamin and mineral dietary supplements; bandages for skin wounds; air purifying preparations; chemical preparations for the diagnosis of pregnancy for home use
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 [ Korea, South application number 2019-0041256 filed 03/19/2019]. 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: Jun-Hwa Jeong. Jun-Hwa Jeong of RABIN & BERDO, P.C., is located at

      1101 14TH STREET, N.W., SUITE 500
      WASHINGTON, District of Columbia 20005
      US
The docket/reference number is IPDNY-260TM.

The phone number is 202-371-8976.

The fax number is (202) 408-0924.

The email address is firm@rabinberdo.com

The applicants proposed attorney information: Jun-Hwa Jeong. Jun-Hwa Jeong of RABIN & BERDO, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1101 14TH STREET, N.W., SUITE 500
      WASHINGTON, District of Columbia 20005
      United States
The docket/reference number is IPDNY-260TM.

The phone number is 202-371-8976.

The fax number is (202) 408-0924.

The email address is firm@rabinberdo.com

Jun-Hwa Jeong 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: JUN-HWA JEONG. JUN-HWA JEONG of RABIN & BERDO, P.C., is located at

      1101 14TH STREET, N.W., SUITE 500
      WASHINGTON, District of Columbia 20005
      US
The docket/reference number is IPDNY-260TM.

The phone number is 202-371-8976.

The fax number is (202) 408-0924.

The email address is firm@rabinberdo.com

The applicants proposed correspondence information: Jun-Hwa Jeong. Jun-Hwa Jeong of RABIN & BERDO, P.C., is located at

      1101 14TH STREET, N.W., SUITE 500
      WASHINGTON, District of Columbia 20005
      United States
The docket/reference number is IPDNY-260TM.

The phone number is 202-371-8976.

The fax number is (202) 408-0924.

The email address is firm@rabinberdo.com

SIGNATURE(S)
Response Signature
Signature: /Jun-Hwa Jeong/     Date: 01/23/2020
Signatory's Name: Jun-Hwa Jeong
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 2023718976

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:    JUN-HWA JEONG
   RABIN & BERDO, P.C.
   
   1101 14TH STREET, N.W., SUITE 500
   WASHINGTON, District of Columbia 20005
Mailing Address:    Jun-Hwa Jeong
   RABIN & BERDO, P.C.
   1101 14TH STREET, N.W., SUITE 500
   WASHINGTON, District of Columbia 20005
        
Serial Number: 88422266
Internet Transmission Date: Thu Jan 23 11:48:05 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020012311480553
9295-88422266-700c318af47092ffd384e77f1e
2ebd4cdbbd68b58cbd4436ab2bf1e921d2e2f21-
N/A-N/A-20200123114633286965