TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88438062 HEALFAST(Standard Characters, see http://uspto.report/TM/88438062/mark.png) has been amended as follows:
CANCELLATION PROCEEDING(S)
Cancellation No(s). 92072152 is/are still pending. However, the applicant hereby requests removal of this application from suspension for the examining attorney to consider a submission, such as an amendment or consent agreement.
Comment(s)/Remark(s):

Applicant's application was suspended pending the disposition of Cancellation No. 92072152. With regard to Cancellation No. 92072152, Applicant has attached a consent and coexistence agreement with the owner of Registration No. 5,570,232. In light of this agreement, Applicant respectfully requests that Trademark Examining Attorney withdraw her Section 2(d) refusal.
Original PDF file:
CAR_260088001f00199e4df65 00beca9d9c5-135443312_._t ial_Coexistence_and_Settl ement_Agreement__Executed __6-11-20.pdf
Converted PDF file(s) (5 pages)
Cancellation File1
Cancellation File2
Cancellation File3
Cancellation File4
Cancellation File5
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Non-medicated skin care preparations, namely, creams, lotions, gels, shampoos, oils
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/01/2011 and first used in commerce at least as early as 09/01/2011, and is now in use in such commerce.

Proposed: Class 003 for Non-medicated skin care preparations, namely, creams, lotions, gels, shampoos, oils
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/01/2011 and first used in commerce at least as early as 09/01/2011, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 003.
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. Specimen File1

Correspondence Information (current):
      Kevin Haynie
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@yourtrademarkattorney.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is F175 001TM.
Correspondence Information (proposed):
      Kevin Haynie
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@yourtrademarkattorney.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is F175 001TM.

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

Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: for a trademark or service mark application, the applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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 of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /kmh355/    Date: 06/25/2020
Signatory's Name: Kevin Haynie
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: (314) 479-3668

Response Suspension Inquiry Signature
Signature: /kmh355/     Date: 06/25/2020
Signatory's Name: Kevin Haynie
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: (314) 479-3668

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:    Kevin Haynie
   YourTrademarkAttorney.com
   #220
   167 Lamp and Lantern Village
   Chesterfield, Missouri
Mailing Address:    Kevin Haynie
   YourTrademarkAttorney.com
   #220
   167 Lamp and Lantern Village
   Chesterfield, Missouri 63017-8208
        
Serial Number: 88438062
Internet Transmission Date: Thu Jun 25 18:18:27 ET 2020
TEAS Stamp: USPTO/RSI-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200625181827798616-88438062-
710a8173c88ce8678a8ef5a30c4c6cdbfe6a922f
7bd3c266b1c6746e3b36f7cd30-N/A-N/A-20200
625181737907620