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. 88436635 PLAYA(Standard Characters, see http://uspto.report/TM/88436635/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Arguments in support of registration.
Original PDF file:
evi_1511946597-2020021714 0058190446_._Response_to_ OA___PLAYA___Serial_No_88 436635___file_copy_.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_1511946597-2020021714 0058190446_._EXHIBIT_A_-U SPTO_Status_Abandoned__BE ACH_.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Hair shampoos and conditioners; hair oil; and hair styling products
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: Hair shampoos and conditioners; hair oil; and hair styling products; and hair styling products, namely, hair styling preparationsClass 003 for Hair shampoos and conditioners; hair oil; and hair styling products, namely, hair styling 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Playa Products, Inc., a corporation of Delaware, having an address of
      1638 Abbot Kinney Blvd.
      Venice, California 90291
      United States
      415-984-8700
Proposed: Playa Products, Inc., a corporation of Delaware, having an address of
      1638 Abbot Kinney Blvd.
      Venice, California 90291
      United States
      Email Address: XXXX
      415-984-8700

ADDITIONAL STATEMENTS
Translation
The English translation of playa in the mark is beach.


The owner's/holder's current attorney information: Mark E. Miller. Mark E. Miller of O'MELVENY & MYERS LLP, is located at

      2 EMBARCADERO CENTER FL 28
      SAN FRANCISCO, California 94111
      United States
      The phone number is 415-984-8700.
      The email address is ipcalendardept@omm.com

The owner's/holder's proposed attorney information: Mark E. Miller. Other appointed attorneys are Lisa Agueda. Mark E. Miller of O'MELVENY & MYERS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2 EMBARCADERO CENTER FL 28
      SAN FRANCISCO, California 94111
      United States
      The phone number is 415-984-8700.
      The email address is lagueda@omm.com

Mark E. Miller 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.Correspondence Information (current):
      MARK E. MILLER
      PRIMARY EMAIL FOR CORRESPONDENCE: ipcalendardept@omm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lagueda@omm.com; sfipdocket@omm.com; markmiller@omm.com
Correspondence Information (proposed):
      Mark E. Miller
      PRIMARY EMAIL FOR CORRESPONDENCE: lagueda@omm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lagueda@omm.com; sfipdocket@omm.com; spink@omm.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Lisa Agueda/     Date: 02/17/2020
Signatory's Name: Lisa Agueda
Signatory's Position: Attorney, O'Melveny and Myers, LLP, California State Bar Member

Signatory's Phone Number: 415-984-8700

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:    MARK E. MILLER
   O'MELVENY & MYERS LLP
   
   2 EMBARCADERO CENTER FL 28
   SAN FRANCISCO, California 94111
Mailing Address:    Mark E. Miller
   O'MELVENY & MYERS LLP
   2 EMBARCADERO CENTER FL 28
   SAN FRANCISCO, California 94111
        
Serial Number: 88436635
Internet Transmission Date: Mon Feb 17 14:12:31 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020021714123164
3762-88436635-7102e525f24b941df6a9e22702
c49bef36a8d4a83d4e0a1b8a8ef938644a91ff2-
N/A-N/A-20200217140058190446