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. 88440037 SCENTSY(Standard Characters, see http://uspto.report/TM/88440037/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 Scented and perfumed air and room sprays and fresheners; scented fresheners for cars
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). 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 the use of the mark in commerce as of the application 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. 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: Scented and perfumed air and room sprays and fresheners; air deodorizing preparations, namely, scented and perfumed air and room sprays and fresheners; scented fresheners for cars; automobile deodorizers, namely, scented fresheners for carsClass 005 for air deodorizing preparations, namely, scented and perfumed air and room sprays and fresheners; automobile deodorizers, namely, scented fresheners for cars
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). 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 the use of the mark in commerce as of the application 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. 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: 88440037
Internet Transmission Date: Thu Aug 08 17:32:25 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-201908081732257952
98-88440037-6101e663fd63dc07bbee345a0d62
defe25f2642315c466c30df5a1439996b55575-N
/A-N/A-20190808171926484615