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. 88439976 SCENTSY(Standard Characters, see http://uspto.report/TM/88439976/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 035 for Sales promotion services, namely, conducting sales incentive award programs to promote job productivity and sales of fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; retail services, namely, retail shop-at-home party services featuring the aforementioned products; loyalty incentive programs and discounts for sellers and purchasers of the aforementioned products; providing memberships through the creation and administration of incentive award programs to promote retail sale of the aforementioned products; computerized on-line ordering services for the aforementioned products; providing in-home shopping services for the aforementioned products; direct-sales business marketing services for the aforementioned products
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 05/01/2004 and first used in commerce at least as early as 05/01/2004 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Sales promotion services, namely, conducting sales incentive award programs to promote job productivity and sales of fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; retail services, namely, retail shop-at-home party services featuring the aforementioned products; retail services, namely, retail shop-at-home party services featuring fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; loyalty incentive programs and discounts for sellers and purchasers of the aforementioned products; business administration of loyalty incentive programs and discount programs for sellers and purchasers of fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; providing memberships through the creation and administration of incentive award programs to promote retail sale of the aforementioned products; membership club services for providing discounts to members to promote the retail sale of fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; computerized on-line ordering services for the aforementioned products; computerized on-line ordering services for fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; providing in-home shopping services for the aforementioned products; providing in-home shopping services for fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; direct-sales business marketing services for the aforementioned products; direct-sales business marketing services for fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented waxClass 035 for Sales promotion services, namely, conducting sales incentive award programs to promote job productivity and sales of fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; retail services, namely, retail shop-at-home party services featuring fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; business administration of loyalty incentive programs and discount programs for sellers and purchasers of fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; membership club services for providing discounts to members to promote the retail sale of fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; computerized on-line ordering services for fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; providing in-home shopping services for fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax; direct-sales business marketing services for fragrant, perfumed and scented wickless candles, fragrant, perfumed and scented wax bars and chips, scented and perfumed air and room sprays and fresheners, scented fresheners for cars, and electric decorative warmers for warming scented wax
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 05/01/2004 and first used in commerce at least as early as 05/01/2004 , and is now in use in such commerce.
The applicant hereby appoints Ryan McFarland. Ryan McFarland, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2901 E. Pine Ave.
      Meridian, Idaho 83680
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 2088951291.

The fax number is 2088951270.

The email address is rmcfarland@scentsy.com

Ryan McFarland submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: . , is located at

      
      ,

The applicants proposed correspondence information: Ryan McFarland. Ryan McFarland, is located at

      2901 E. Pine Ave.
      Meridian, Idaho 83680
      United States

The phone number is 2088951291.

The fax number is 2088951270.

The email address is rmcfarland@scentsy.com; legal@scentsy.com

SIGNATURE(S)
Response Signature
Signature: /Ryan McFarland/     Date: 08/08/2019
Signatory's Name: Ryan McFarland
Signatory's Position: Attorney of record, Idaho Bar member

Signatory's Phone Number: 2088951291

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:    
   
   
   
   ,
Mailing Address:    Ryan McFarland
   2901 E. Pine Ave.
   Meridian, Idaho 83680
        
Serial Number: 88439976
Internet Transmission Date: Thu Aug 08 17:36:53 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-201908081736535902
44-88439976-61014eba94cfb6b32d66a9a25a81
52e3fac8cf7ae3eb84eb802a3a33a5c3a8e1-N/A
-N/A-20190808173312631008