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. 88430156 PG PELE'S GRACE (Stylized and/or with Design, see http://uspto.report/TM/88430156/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 003 for Anti-aging cleanser; Anti-aging creams; Anti-aging moisturizer; Anti-aging toner; Antibacterial skin soaps; Bath oils for cosmetic purposes; Beauty creams for body care; Body and beauty care cosmetics; Body and beauty care preparations; Body cream soap; Body mask cream; Body mask lotion; Beauty creams; Cosmetic creams; Cosmetic nourishing creams; Night creams; Cosmetic preparations, namely, firming creams; Liquid soaps for hands, face and body; Moisturizing preparations for the skin; Moisturizing oil for skin; Skin care products, namely, non-medicated skin serum, skin conditioners, skin creams, night creams, skin emollients, skin moisturizers, suntan lotion, moisturizing sunscreen, non-medicated skin serums, non-medicated skin repair creams; Cosmetic preparations for skin renewal; Personal care products, namely, moisturizing soap; bar soap; Hair shampoos and conditioners; Oils for hair conditioning; Wrinkle smoothing skin care preparations
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: Anti-aging cleanser; anti-aging creams; anti-aging moisturizer; anti-aging toner; Antibacterial skin soaps; bath oils for cosmetic purposes; beauty creams for body care; body and beauty care cosmetics; body and beauty care cosmetic preparations; Body and beauty care preparations; body cream soap; body mask cream; body mask lotion; beauty creams; cosmetic creams; cosmetic nourishing creams; night creams; cosmetic preparations, namely, firming creams; nonmedicated liquid soaps for hands, face and body; Liquid soaps for hands, face and body; moisturizing preparations for the skin; moisturizing oil for skin for cosmetic use; Moisturizing oil for skin; skin care products, namely, non-medicated skin serum, skin conditioners, skin creams, night creams, skin emollients, skin moisturizers, suntan lotion, moisturizing sunscreen, non-medicated skin serums, non-medicated skin repair creams; cosmetic preparations for skin renewal; personal care products, namely, moisturizing bath soap; Personal care products, namely, moisturizing soap; bar soap; hair shampoos and conditioners; oils for hair conditioning; wrinkle smoothing skin care preparationsClass 003 for Anti-aging cleanser; anti-aging creams; anti-aging moisturizer; anti-aging toner; bath oils for cosmetic purposes; beauty creams for body care; body and beauty care cosmetics; body and beauty care cosmetic preparations; body cream soap; body mask cream; body mask lotion; beauty creams; cosmetic creams; cosmetic nourishing creams; night creams; cosmetic preparations, namely, firming creams; nonmedicated liquid soaps for hands, face and body; moisturizing preparations for the skin; moisturizing oil for skin for cosmetic use; skin care products, namely, non-medicated skin serum, skin conditioners, skin creams, night creams, skin emollients, skin moisturizers, suntan lotion, moisturizing sunscreen, non-medicated skin serums, non-medicated skin repair creams; cosmetic preparations for skin renewal; personal care products, namely, moisturizing bath soap; bar soap; hair shampoos and conditioners; oils for hair conditioning; wrinkle smoothing skin care preparations
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: Jeffrey A Babener. Jeffrey A Babener of BABENER & ASSOCIATES, is located at

      SUITE 1020
      121 SW MORRISON ST.
      PORTLAND, Oregon 97204
      US
The docket/reference number is 15733-2.

The phone number is 503-226-6600.

The fax number is 503-226-4290.

The email address is trademarks@babenerlawoffice.com

The applicants proposed attorney information: Jeffrey A Babener. Other appointed attorneys are Mitchell A. Goldstein. Jeffrey A Babener of BABENER & ASSOCIATES, 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 1020
      121 SW MORRISON ST.
      PORTLAND, Oregon 97204
      United States
The docket/reference number is 15733-2.

The phone number is 503-226-6600.

The fax number is 503-226-4290.

The email address is trademarks@babenerlawoffice.com

Jeffrey A Babener 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 A BABENER. JEFFREY A BABENER of BABENER & ASSOCIATES, is located at

      SUITE 1020
      121 SW MORRISON ST.
      PORTLAND, Oregon 97204
      US
The docket/reference number is 15733-2.

The phone number is 503-226-6600.

The fax number is 503-226-4290.

The email address is trademarks@babenerlawoffice.com

The applicants proposed correspondence information: Jeffrey A Babener. Jeffrey A Babener of BABENER & ASSOCIATES, is located at

      SUITE 1020
      121 SW MORRISON ST.
      PORTLAND, Oregon 97204
      United States
The docket/reference number is 15733-2.

The phone number is 503-226-6600.

The fax number is 503-226-4290.

The email address is trademarks@babenerlawoffice.com

ADDITIONAL STATEMENTS
Color Claim
The color(s) maroon and black is/are claimed as a feature of the mark.

Description of mark
The mark consists of the literal elements 'PG PELE'S GRACE' in stylized font where the letters 'PG' are enclosed in two maroon concentric circles set against a transparent background and the wording 'PELE'S GRACE' is in black.

Significance of wording, letter(s), or numeral(s)
PELE OR PELE'S appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
The word "Pele's" in the mark refers to a Hawaiian deity named "Pele."


SIGNATURE(S)
Response Signature
Signature: /jeffreyababener/     Date: 11/27/2019
Signatory's Name: Jeffrey A Babener
Signatory's Position: Attorney of record, Oregon bar member

Signatory's Phone Number: 5032266600

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 A BABENER
   BABENER & ASSOCIATES
   SUITE 1020
   121 SW MORRISON ST.
   PORTLAND, Oregon 97204
Mailing Address:    Jeffrey A Babener
   BABENER & ASSOCIATES
   SUITE 1020
   121 SW MORRISON ST.
   PORTLAND, Oregon 97204
        
Serial Number: 88430156
Internet Transmission Date: Wed Nov 27 12:56:21 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20191127125621395
011-88430156-7009279ab3a06a9f521f979c87c
391012d534c462e4a9af1f6de8f64325ef1-N/A-
N/A-20191127124541511695