Response to Office Action

LOVE LETTER

iHerb, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88447604
LAW OFFICE ASSIGNED LAW OFFICE 126
MARK SECTION
MARK http://uspto.report/TM/88447604/mark.png
LITERAL ELEMENT LOVE LETTER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Please see the explanatory text attached within the Evidence section.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_1072135748-20190906160323357736_._SN_88-447_604_LOVE_LETTER_Resp_to_OA_2019_09_06.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\884\476\88447604\xml6\ROA0002.JPG
DESCRIPTION OF EVIDENCE FILE Explanation to assist the Examining Attorney in reviewing the revised descriptions
GOODS AND/OR SERVICES SECTION (008)(current)
INTERNATIONAL CLASS 008
DESCRIPTION Nail clippers; nail buffers; nail files; and nail scissors
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (008)(proposed)
INTERNATIONAL CLASS 008
TRACKED TEXT DESCRIPTION
Nail clippers; nail buffers; nail files; and nail scissors; nail scissors
FINAL DESCRIPTION Nail clippers; nail buffers; nail files; nail scissors
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS 016
DESCRIPTION
Cosmetic removing paper; paper tissues for cosmetic use; airbrush make-up stencils; napkins of paper for removing make-up; and tissues of paper for removing make-up
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
Cosmetic removing paper; paper tissues for cosmetic use; airbrush make-up stencils; napkins of paper for removing make-up; and tissues of paper for removing make-up; tissues of paper for removing make-up
FINAL DESCRIPTION
Cosmetic removing paper; paper tissues for cosmetic use; airbrush make-up stencils; napkins of paper for removing make-up; tissues of paper for removing make-up
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (018)(no change)
GOODS AND/OR SERVICES SECTION (021)(current)
INTERNATIONAL CLASS 021
DESCRIPTION
Nail brushes; hair brushes; cosmetic brushes; sponges for cosmetic use; non-woven (not paper) cosmetic wipes; caddies for holding cosmetics; applicators sold empty for applying cosmetic lotions to skin and hair; droppers for cosmetic purposes; cosmetic spatulas; sponges used for applying makeup; applicator sticks for applying makeup; make-up brushes; makeup removing appliances; make-up brush holders; make-up mixing palettes sold empty and make-up sponge holders
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (021)(proposed)
INTERNATIONAL CLASS 021
TRACKED TEXT DESCRIPTION
Nail brushes; hair brushes; cosmetic brushes; sponges for cosmetic use; toiletry, cleaning, microdermabrasion and bath sponges for cosmetic use; non-woven (not paper) cosmetic wipes; non-woven fabric cosmetic wipes; caddies for holding cosmetics; caddies for holding cosmetics for household use; applicators sold empty for applying cosmetic lotions to skin and hair; droppers for cosmetic purposes; cosmetic spatulas; sponges used for applying makeup; applicator sticks for applying makeup; make-up brushes; makeup removing appliances; make-up brush holders; make-up mixing palettes sold empty and make-up sponge holders
FINAL DESCRIPTION
Nail brushes; hair brushes; cosmetic brushes; toiletry, cleaning, microdermabrasion and bath sponges for cosmetic use; non-woven fabric cosmetic wipes; caddies for holding cosmetics for household use; applicators sold empty for applying cosmetic lotions to skin and hair; droppers for cosmetic purposes; cosmetic spatulas; sponges used for applying makeup; applicator sticks for applying makeup; make-up brushes; makeup removing appliances; make-up brush holders; make-up mixing palettes sold empty and make-up sponge holders
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (024)(no change)
SIGNATURE SECTION
RESPONSE SIGNATURE /c. g. gordon martin/
SIGNATORY'S NAME C. G. Gordon Martin
SIGNATORY'S POSITION Attorney of Record, California Bar Member
SIGNATORY'S PHONE NUMBER 626-795-4000
DATE SIGNED 09/06/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Sep 06 18:17:25 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XX-2
0190906181725240032-88447
604-610cfa8934bab34f07577
a04e39a32291e9681d3a1fa87
f38135e71fb78d2e84-N/A-N/
A-20190906160323357736



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. 88447604 LOVE LETTER(Standard Characters, see http://uspto.report/TM/88447604/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the explanatory text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Explanation to assist the Examining Attorney in reviewing the revised descriptions has been attached.
Original PDF file:
evi_1072135748-20190906160323357736_._SN_88-447_604_LOVE_LETTER_Resp_to_OA_2019_09_06.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Nail clippers; nail buffers; nail files; and nail scissors
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: Nail clippers; nail buffers; nail files; and nail scissors; nail scissorsClass 008 for Nail clippers; nail buffers; nail files; nail scissors
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Cosmetic removing paper; paper tissues for cosmetic use; airbrush make-up stencils; napkins of paper for removing make-up; and tissues of paper for removing make-up
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: Cosmetic removing paper; paper tissues for cosmetic use; airbrush make-up stencils; napkins of paper for removing make-up; and tissues of paper for removing make-up; tissues of paper for removing make-upClass 016 for Cosmetic removing paper; paper tissues for cosmetic use; airbrush make-up stencils; napkins of paper for removing make-up; tissues of paper for removing make-up
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Nail brushes; hair brushes; cosmetic brushes; sponges for cosmetic use; non-woven (not paper) cosmetic wipes; caddies for holding cosmetics; applicators sold empty for applying cosmetic lotions to skin and hair; droppers for cosmetic purposes; cosmetic spatulas; sponges used for applying makeup; applicator sticks for applying makeup; make-up brushes; makeup removing appliances; make-up brush holders; make-up mixing palettes sold empty and make-up sponge holders
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: Nail brushes; hair brushes; cosmetic brushes; sponges for cosmetic use; toiletry, cleaning, microdermabrasion and bath sponges for cosmetic use; non-woven (not paper) cosmetic wipes; non-woven fabric cosmetic wipes; caddies for holding cosmetics; caddies for holding cosmetics for household use; applicators sold empty for applying cosmetic lotions to skin and hair; droppers for cosmetic purposes; cosmetic spatulas; sponges used for applying makeup; applicator sticks for applying makeup; make-up brushes; makeup removing appliances; make-up brush holders; make-up mixing palettes sold empty and make-up sponge holdersClass 021 for Nail brushes; hair brushes; cosmetic brushes; toiletry, cleaning, microdermabrasion and bath sponges for cosmetic use; non-woven fabric cosmetic wipes; caddies for holding cosmetics for household use; applicators sold empty for applying cosmetic lotions to skin and hair; droppers for cosmetic purposes; cosmetic spatulas; sponges used for applying makeup; applicator sticks for applying makeup; make-up brushes; makeup removing appliances; make-up brush holders; make-up mixing palettes sold empty and make-up sponge holders
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.

SIGNATURE(S)
Response Signature
Signature: /c. g. gordon martin/     Date: 09/06/2019
Signatory's Name: C. G. Gordon Martin
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 626-795-4000

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.

        
Serial Number: 88447604
Internet Transmission Date: Fri Sep 06 18:17:25 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019090618172524
0032-88447604-610cfa8934bab34f07577a04e3
9a32291e9681d3a1fa87f38135e71fb78d2e84-N
/A-N/A-20190906160323357736


Response to Office Action [image/jpeg]


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