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. 88462743 MYCOTYREWARDS(Standard Characters, see http://uspto.report/TM/88462743/mark.png) has been amended as follows:

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

In Re COTY BEAUTY GERMANY GMBH Serial App. No. 88462743 Mark: MYCOTYREWARDS Applicant of the application for MYCOTYREWARDS (Serial No. 88462743) respectfully declares that it is the same owner of the following registrations and application cited in the Office Action: COTY (Reg. No. 3917222), COTY (Reg. No. 5018003), COTY (Reg. No. 1099176), COTY, BEAUTY CELEBRATED & LIBERATED (Reg. No. 5582970), VANILLA MUSK BY COTY (Reg. No. 2136070), COTY WE STAND FOR YOU (Reg. No. 5888186), and COTY (Serial No. 79217782). The statement, ?Applicant is the owner of U.S. Registrations Nos. 3917222, 5018003, 1099176, 2136070, 5888186 and U.S. Application No. 79217782? will be submitted in conjunction with this response, along with the required signed declaration under 37 C.F.R. ?2.20 and a copy of the parent company Coty, Inc.?s U.S. Securities and Exchange Commission Exhibit of their Subsidiary List, detailing that it wholly owns the entities listed as registrants and applicants for the above listed marks. With respect to the remaining registration, Applicant respectfully submits that the registration cited by the Office Action, ?ImCoty,? Registration No. 4992049, will not cause confusion with the subject mark ?MYCOTYREWARDS,? Serial No. 88462743, for the following reasons. Section 2(d) bars registration of an applied mark that so resembles a mark that it is likely potential consumers would be confused, mistaken, or deceived as to the source of the goods and services of the Applicant and Registrant. 15 U.S.C. ? 1052(d) (2012). The Federal Circuit and lower circuits have consistently held that such analysis is ?not concerned with the mere theoretical possibilities of confusion?but with the practicalities of the commercial world, with which the trademark laws deal.? Electronic Design & Sales, Inc. v. Electronics Data Systems Corp., 954 F.2d 713, 717, 219; 21 USPQ2d 1388, 1393 (C.A.Fed., 1992); see also Boston Duck Tours, LP v. Super Duck Tours, LLC, 531 F.3d 1, 12 (1st Cir. 2008) (finding that ?likely confusion? has been interpreted to mean ?more than a theoretical possibility of confusion?). The Trademark Trial and Appeal Board (T.T.A.B.) also follows this approach, maintaining that ?while some awareness of the respective goods and services sold under the marks by the same portion of the consuming public is certainly conceivable, the Trademark Act does not preclude registration of a mark where there is a possibility of confusion as to source or origin, only where such confusion is likely.? In re Hughes Aircraft Company, 222 U.S.P.Q. 263, 264 (T.T.A.B. 1984). The Court of Customs and Patent Appeals (C.C.P.A.) sets forth the test for evaluating the likeliness that confusion exists in the case In re E.I. du Pont de Nemours & Co. in 1973. 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973). In du Pont, the C.C.P.A. held that a determination of likelihood of confusion must be made on a case by case basis by analyzing thirteen factors. Id. at 1361. When applying these factors, ?there is no litmus rule which can provide a ready guide to all cases.? Id. The court noted that, ?[n]ot all factors are relevant, and only those relevant for which there is evidence in the record must be considered.? Id. at 1361-62, see Citigroup, Inc. v. Capital City Bank Grp.., Inc., 637 F.3d 1344, 1355, see also In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012). The relevant du Pont factors at issue here are: (i) the similarity of the nature of the goods (relatedness); (ii) the similarity of the trade channels; (iii) the similarity of the marks in appearance, sound, connotation, and commercial impression; and (iv) the extent of potential confusion. Du Pont, 476 F.2d at 1361. First, with respect to the similarity of the nature of the goods/services and similarity of the trade channels, the Office Action alleges that the Applicant?s services at issue, namely ?entertainment and educational services featuring electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and related information via the Internet and other communications networks in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; production of films on all types of audiovisual or sound media in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; electronic publishing of online books, magazines and periodicals in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics? in Class 41, are considered related for likelihood of confusion purposes with the Registrant?s services, in particular, ?entertainment services in the nature of development, creation, production, distribution, and post-production of online videos? in Class 41. The Applicant respectfully disagrees. Notably, when determining whether the goods/services of are related or identical, ?[t]he issue is not whether the good and/or services will be confused with each other, but rather whether the public will be confused as to their source.? TMEP ?1207.01(a)(i). In addition, ?if the goods or services in question are not related or marketed in such a way that they would be encountered by the same persons in situations that would create the incorrect assumption that they originate from the same source, then, even if the marks are identical, confusion is not likely.? TMEP ?1207.01(a)(i); see, e.g., Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1371, 101 USPQ2d 1713, 1723 (Fed. Cir. 2012) (affirming the Board?s dismissal of opposer?s likelihood-of-confusion claim, noting "there is nothing in the record to suggest that a purchaser of test preparation materials who also purchases a luxury handbag would consider the goods to emanate from the same source" though both were offered under the COACH mark); Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1244-45, 73 USPQ2d 1350, 1356 (Fed. Cir. 2004) (reversing TTAB?s holding that contemporaneous use of RITZ for cooking and wine selection classes and RITZ for kitchen textiles is likely to cause confusion, because the relatedness of the respective goods and services was not supported by substantial evidence); In re Thor Tech, Inc., 113 USPQ2d 1546, 1551 (TTAB 2015) (finding use of identical marks for towable trailers and trucks not likely to cause confusion given the difference in the nature of the goods and their channels of trade and the high degree of consumer care likely to be exercised by the relevant consumers); Quartz Radiation Corp. v. Comm/Scope Co., 1 USPQ2d 1668, 1669 (TTAB 1986) (holding QR for coaxial cable and QR for various apparatus used in connection with photocopying, drafting, and blueprint machines not likely to cause confusion because of the differences between the parties? respective goods in terms of their nature and purpose, how they are promoted, and who they are purchased by). In this case, the attached screenshots of the Registrant?s (Coty Heim?s) Twitch (an online streaming platform for video gamers) and YouTube pages evidence that the mark ?ImCoty? is being used specifically and only in connection with online video game entertainment. This is also indicated in the rest of the description of services for the registration (with the relevant language underlined): ?entertainment services, namely, a multimedia program series featuring comedy, action and adventure distributed via various platforms across multiple forms of transmission media; entertainment services, namely, providing on-line computer games; entertainment services, namely, providing on-line reviews of online games; entertainment services, namely, providing online electronic games; entertainment services, namely, providing online video games? in Class 41. In comparison, the ?MyCotyRewards? application is applied for use in connection with entertainment and educational services via the Internet related to the beauty, fashion, and entertainment industries. Thus, it is clear that the registration ?ImCoty? merits a narrower reading and scope of protection given that the description of the services and those actually being provided in the marketplace are exclusively related to video game entertainment. The beauty and fashion industries and the video gaming industry are two very distinct sources of goods and services and which use very different marketing techniques and trade channels aimed at very distinct consumers. Additionally, the consumers who are playing and purchasing video games are not the same class of consumers as those that are targeted by the Applicant, Coty Beauty Germany GmbH, and its services, which are namely focused on beauty, fashion, cultural, and entertainment related services. Moreover, both the Applicant?s and Registrant?s targeted consumers are highly sophisticated and are likely the exercise great care in choosing the entertainment services they use, especially given that they emanate from very different industries. Furthermore, the Office Action did not support the assertion that the services in question are related with any substantial evidence. Conversely, the evidence attached illustrates the registered mark ?ImCoty? being used in specific connection with video game entertainment services, creating a strong assumption that those services are greatly unrelated to those of the Applicant?s marks, namely, entertainment and educational services in the field of beauty and fashion. Consequently, the services in question with respect to both marks are not related and are not marketed in such a way that they would be encountered by the same consumer, nor do they create an incorrect assumption that they originate from the same source. Thus, it is highly unlikely that consumers of video game entertainment services will be confused with the Applicant?s services. Second, with respect to the similarity of the marks in appearance, sound, connotation, and commercial impression, the Office Action argues that the applied for mark ?MyCotyRewards? creates a likelihood of confusion with the cited mark ?ImCoty? due to the fact that the marks share the same dominant term ?COTY.? We respectfully disagree. Although the Office Action is correction in that more weight is given to the dominant features of a mark when determining the existence of a likelihood on confusion, ?additions?to marks may be sufficient to avoid a likelihood of confusion if: (1) the marks in their entireties convey significantly different commercial impressions.? TMEP ? 1207.01(b)(i); Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1245, 73 USPQ2d 1350, 1356-57 (Fed. Cir. 2004) (reversing TTAB?s holding that contemporaneous use of THE RITZ KIDS for clothing items (including gloves) and RITZ for various kitchen textiles (including barbeque mitts) is likely to cause confusion, because, inter alia, THE RITZ KIDS creates a different commercial impression). Here, the Office Action writes off the modifiers ?My? and ?Im? as not distinctive and not greatly contributing to the overall commercial impression of the mark. Yet, these modifiers are critical in the creation of significantly distinct overall commercial impressions for each mark. In particular, the ?MyCotyRewards? mark, in connection with its associated services, indicates that the mark will be used by individual consumers, specifically within an online Coty- operated community, with the ?MY? suggesting that it is for any and all individual users. Each individual within the online community has their own account and, thus, their own rewards. In addition, the applicant for the mark ?MyCotyRewards,? Coty Beauty Germany GmbH, is a wholly owned subsidiary of Coty, Inc., which is a famous global beauty company. On the contrary, the registered mark ?ImCoty? has the modifier ?Im,? which suggests the term ?IM COTY? or ?I AM COTY.? More specifically, the mark denotes a specific, single individual: the owner of the mark, Coty Heim. In fact, the USPTO assigned a pseudo mark ?IM COTY? to the registration during prosecution. Furthermore, ?IM? is connected to ?COTY,? which is clearly the name of the applicant, Coty Heim. As such, the mark?s purposeful wording suggests that it means or connotes the services associated with the mark come from this particular individual. Attached to this response are screenshots of Coty Heim?s Twitch and YouTube pages, both of which show how the Registrant is using the mark ?ImCoty? in connection with the designated services under Class 41. It is especially noted that in both pieces of evidence, an image of the individual himself appears on the website pages using the registered mark, thus, clearly indicating to the public that he is Coty, he is the only individual associated with the mark and he is providing the designated services, namely video game entertainment. Furthermore, the Court of Appels for the Federal Circuit held that ?[t]he basic principle in determining confusion between marks is that marks must be compared in their entireties and must be considered in connection with the particular goods or services for which they are used?[I]n articulating reasons for reaching a conclusion on the issue of confusion, there is nothing improper in stating that, for rational reasons, more or less weight has been given to a particular feature of a mark, provided the ultimate conclusion rests on consideration of the marks in their entireties.? TMEP ? 1207.01(b); In re Nat?l Data Corp., 753 F.2d 1056, 1058, 224 USPQ 749, 750-51 (Fed. Cir. 1985) (footnotes omitted) (citations omitted). Based off this principle, the marks create considerably different overall commercial impressions, which visually and grammatically inform consumers that the ?ImCoty? mark is specific to one single individual, the video gamer, Coty Heim, whereas the mark ?MyCotyRewards,? applied for by a well-known multinational conglomerate for beauty products and services, is to be used standardly for each and every individual user within the online Coty-operated community. Therefore, it is highly unlikely that the average consumer will be confused as to the source of goods/services associated with each mark. In addition, ?[t]he meaning or connotation of a mark must be determined in relation to the named goods or services. Even marks that are identical in sound and/or appearance may create sufficiently different commercial impressions when applied to the respective parties? goods or services so that there is no likelihood of confusion.? TMEP ?1207.01(b)(v); see, In re Sydel Lingerie Co., 197 USPQ 629, 630 (TTAB 1977) (holding BOTTOMS UP for ladies? and children?s underwear and BOTTOMS UP for men?s clothing not likely to cause confusion, noting that the wording connotes the drinking phrase "Drink Up" when applied to men?s clothing, but does not have this connotation when applied to ladies? and children?s underwear). In this case, ?ImCoty? is registered by Coty Heim for use in connection with online video game entertainment services, particularly ?entertainment services, namely, providing on-line reviews of online games; entertainment services, namely, providing online electronic games; entertainment services, namely, providing online video games? in Class 41. When the registered mark is applied to these specific services, the overall commercial impression given is that the owner, Coty Heim, is singularly providing these online video gaming services. This is especially supported by the attached evidence of Coty Heim?s active accounts on Twitch and YouTube depicting the mark specifically in use with video game entertainment services. In comparison, ?MyCotyRewards? applied for by Coty Beauty Germany GmbH, a subsidiary of Coty, Inc., for use in connection with, in relevant part to this Office Action, ?entertainment and educational services featuring electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and related information via the Internet and other communications networks in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; production of films on all types of audiovisual or sound media in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics? in Class 41. This signals to consumers that the mark ?MyCotyRewards? will be used in association with an individual user of an online Coty-run community, which features videos and other electronic media content related to beauty, fashion, culture, and entertainment. Thus, consumer confusion is very unlikely based on a comparison of the marks in their entireties and when viewed in connection with their respective particular goods/services. Finally, with respect to the extent of potential confusion, given all of the evidence above, the extent is extremely low. Notably, the ?ImCoty? mark is constantly used with the actual image of the registrant and owner, Coty Heim, clearly indicating that he is the one providing the online video game services. On the other hand, consumers are very unlikely to mistake this young video gamer and the associated services with his mark as being related to and emanating from the same source as ?MyCotyRewards,? which is applied for by a famous multinational company in the realm of the beauty, fashion, and entertainment industries. For the foregoing reasons, Applicant respectfully requests that the objections of the Office Action be withdrawn, and the subject application be allowed to proceed.

EVIDENCE

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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Computer software to enable the provision of information via the Internet; downloadable computer software for the management of information; information retrieval software; software applications; mobile application software; computer application software; Web application software; downloadable software applications; application software for mobile phones; application software for social networking services via Internet; software applications for mobile devices; computer software platforms for social networking; electronic downloadable publications in the fields of perfumery, beauty, fashion, news, lifestyle, culture, entertainment, travel, social networking
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: Computer software to enable the provision of information via the Internet; Downloadable computer software for enabling the provision of information via the Internet; downloadable computer software for the management of information; information retrieval software; downloadable information retrieval software; software applications; downloadable software applications for providing social networking services, photo and video editing, photo and video sharing, and management of information services; mobile application software; downloadable mobile application software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; computer application software; downloadable computer application software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; Web application software; downloadable web application software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; downloadable software applications; downloadable application software for mobile phones, namely, software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; application software for mobile phones; downloadable application software for social networking services via Internet; application software for social networking services via Internet; downloadable software applications for mobile devices, namely, software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; software applications for mobile devices; downloadable computer software platforms for social networking; computer software platforms for social networking; electronic downloadable publications in the nature of magazines, pamphlets, address books, manuals, books, newsletters, newspapers in the fields of perfumery, beauty, fashion, news, lifestyle, culture, entertainment, travel, social networking; electronic downloadable publications in the fields of perfumery, beauty, fashion, news, lifestyle, culture, entertainment, travel, social networking; downloadable electronic books in the field of perfumery, beauty, fashion, news, lifestyle, culture, entertainment, travel, social networkingClass 009 for Downloadable computer software for enabling the provision of information via the Internet; downloadable computer software for the management of information; downloadable information retrieval software; downloadable software applications for providing social networking services, photo and video editing, photo and video sharing, and management of information services; downloadable mobile application software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; downloadable computer application software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; downloadable web application software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; downloadable application software for mobile phones, namely, software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; downloadable application software for social networking services via Internet; downloadable software applications for mobile devices, namely, software for providing social networking services, photo and video editing, photo and video sharing, and management of information services; downloadable computer software platforms for social networking; electronic downloadable publications in the nature of magazines, pamphlets, address books, manuals, books, newsletters, newspapers in the fields of perfumery, beauty, fashion, news, lifestyle, culture, entertainment, travel, social networking; downloadable electronic books in the field of perfumery, beauty, fashion, news, lifestyle, culture, entertainment, travel, social networking
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:
Current: Class 016 for Printed publications; printed matter, namely, magazines and publications in relation to beauty, fashion and lifestyle; books; address books; pamphlets; manuals; magazines; periodical publications; newspapers; newsletters; decals; photographs; cards; greeting cards; gift tags; calendars; diaries; postcards; posters; stationery; writing implements; tissues; office requisites
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: Printed publications; Printed publications, namely brochures, booklets and teaching materials in the field of perfumery, beauty, fashion, news, lifestyle, culture, entertainment, travel, social networking; printed matter, namely, magazines and publications in relation to beauty, fashion and lifestyle; printed matter, namely, magazines in relation to beauty, fashion and lifestyle; books; printed books in the field of beauty, fashion, and lifestyle; address books; pamphlets; pamphlets in the field of beauty, fashion, and lifestyle; manuals; manuals in the field of beauty, fashion, and lifestyle; magazines; magazines in the field of beauty, fashion, and lifestyle; periodical publications; printed periodical publications in the field of beauty, fashion, and lifestyle; newspapers; newsletters; newsletters in the field of beauty, fashion, and lifestyle decals; decals; photographs; card bearing universal greetings; cards; greeting cards; paper gift tags; gift tags; calendars; diaries; postcards; posters; stationery; writing implements; paper tissues; tissues; office requisites, namely, staplers, staple removers, paper hole punches; office requisitesClass 016 for Printed publications, namely brochures, booklets and teaching materials in the field of perfumery, beauty, fashion, news, lifestyle, culture, entertainment, travel, social networking; printed matter, namely, magazines in relation to beauty, fashion and lifestyle; printed books in the field of beauty, fashion, and lifestyle; address books; pamphlets in the field of beauty, fashion, and lifestyle; manuals in the field of beauty, fashion, and lifestyle; magazines in the field of beauty, fashion, and lifestyle; printed periodical publications in the field of beauty, fashion, and lifestyle; newspapers; newsletters in the field of beauty, fashion, and lifestyle decals; photographs; card bearing universal greetings; greeting cards; paper gift tags; calendars; diaries; postcards; posters; stationery; writing implements; paper tissues; office requisites, namely, staplers, staple removers, paper hole punches
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:
Current: Class 041 for Entertainment and educational services featuring electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and related information via the Internet and other communications networks in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; production of films on all types of audiovisual or sound media in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; electronic publishing of online books, magazines and periodicals in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; providing online electronic publications (not downloadable) in the field of beauty, fashion, general interest, cultural events and entertainment related topics; digital video, audio and multimedia entertainment publishing services in the field of beauty, fashion, general interest, cultural events and entertainment related topics; online digital publishing services in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; news reporting; providing information about beauty, fashion, entertainment, current events, cultural events and activities and news; publication of electronic applications for perfumery, beauty, fashion, entertainment; consultancy, information and advisory services relating to the aforesaid; providing electronic library services containing images, pictures, photographs, text and other multimedia content via an online computer network and other electronic communication networks; publishing online journals, namely, blogs featuring personal information and opinions; publishing services, namely, photo sharing via the Internet and wireless communication devices; organizing entertainment and cultural events; entertainment in the nature of contests, competitions and games; education; entertainment; sporting and cultural activities
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: Entertainment and educational services featuring electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and related information via the Internet and other communications networks in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; Entertainment and educational services featuring electronic media, multimedia content, videos, movies, pictures, images, text, photos, user generated content, audio content, and related information via the Internet and other communications networks in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; production of films on all types of audiovisual or sound media in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; production of films on all types of audiovisual or sound media in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; electronic publishing of online books, magazines and periodicals in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; providing online electronic publications (not downloadable) in the field of beauty, fashion, general interest, cultural events and entertainment related topics; providing online electronic publications in the nature of online books, magazines and periodicals in the field of beauty, fashion, general interest, cultural events and entertainment related topics; digital video, audio and multimedia entertainment publishing services in the field of beauty, fashion, general interest, cultural events and entertainment related topics; online digital publishing services in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; online digital publishing services, namely, publication of text and graphic words of others online in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; news reporting; news reporting in the field of entertainment, current events relating to personal beauty, cultural events and activities; providing information about beauty, fashion, entertainment, current events, cultural events and activities and news; providing information about entertainment, current events, cultural events and activities and news relating to entertainment; publication of electronic applications for perfumery, beauty, fashion, entertainment; providing electronic library services containing images, pictures, photographs, text and other multimedia content via an online computer network and other electronic communication networks; consultancy, information and advisory services relating to the aforesaid; publishing online journals, namely, blogs featuring personal information and opinions in the field of perfumery, beauty, fashion, general interest and cultural events; publishing services, namely, photo sharing via the Internet and wireless communication devices; publishing online journals, namely, blogs featuring personal information and opinions; organizing social entertainment and cultural events; entertainment services, namely, conducting contests, competitions and games in the field of entertainment, current events, cultural events, beauty, and fashion; organizing entertainment and cultural events; educational services, namely, providing classes, seminars, workshops, lectures, interactive exhibits in the field of entertainment, current events, cultural events, beauty, and fashion; entertainment in the nature of contests, competitions and games; organizing, arranging, and conducting of sporting and cultural activities, namely, conducting contests, competitions, games, classes, seminars, workshops, lectures, interactive exhibits in the field of entertainment, current events, cultural events, beauty, and fashion; education; entertainment; sporting and cultural activitiesClass 041 for Entertainment and educational services featuring electronic media, multimedia content, videos, movies, pictures, images, text, photos, user generated content, audio content, and related information via the Internet and other communications networks in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; production of films on all types of audiovisual or sound media in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; electronic publishing of online books, magazines and periodicals in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; providing online electronic publications in the nature of online books, magazines and periodicals in the field of beauty, fashion, general interest, cultural events and entertainment related topics; digital video, audio and multimedia entertainment publishing services in the field of beauty, fashion, general interest, cultural events and entertainment related topics; online digital publishing services, namely, publication of text and graphic words of others online in the field of perfumery, beauty, fashion, general interest, cultural events and entertainment related topics; news reporting in the field of entertainment, current events relating to personal beauty, cultural events and activities; providing information about entertainment, current events, cultural events and activities and news relating to entertainment; providing electronic library services containing images, pictures, photographs, text and other multimedia content via an online computer network and other electronic communication networks; publishing online journals, namely, blogs featuring personal information and opinions in the field of perfumery, beauty, fashion, general interest and cultural events; publishing services, namely, photo sharing via the Internet and wireless communication devices; organizing social entertainment and cultural events; entertainment services, namely, conducting contests, competitions and games in the field of entertainment, current events, cultural events, beauty, and fashion; educational services, namely, providing classes, seminars, workshops, lectures, interactive exhibits in the field of entertainment, current events, cultural events, beauty, and fashion; organizing, arranging, and conducting of sporting and cultural activities, namely, conducting contests, competitions, games, classes, seminars, workshops, lectures, interactive exhibits in the field of entertainment, current events, cultural events, beauty, and fashion
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:
Current: Class 044 for Consultancy services relating to perfumery, beauty and fashion; beauty information services; beauty counselling; beauty consultation services; beauty advisory services
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: Consultancy services relating to perfumery, beauty and fashion; Consultancy services relating to perfumery and beauty; beauty information services; beauty counselling; beauty consultation services; beauty advisory services; providing information about beauty and current events, activities, and news relating to beautyClass 044 for Consultancy services relating to perfumery and beauty; beauty information services; beauty counselling; beauty consultation services; beauty advisory services; providing information about beauty and current events, activities, and news relating to beauty
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:
Current: Class 045 for Online social networking services; online social networking services by means of downloadable mobile applications
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: Online social networking services; online social networking services by means of downloadable mobile applications; providing information about fashion and current events, activities, and news relating to fashion; consultancy services relating to fashionClass 045 for Online social networking services; online social networking services by means of downloadable mobile applications; providing information about fashion and current events, activities, and news relating to fashion; consultancy services relating to fashion
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: Coty Beauty Germany GmbH a(n) gesellschaft mit beschränkter haftung (gmbh), legally organized under the laws of Germany, having an address of
      Berliner Allee 65
      Darmstadt, 64295
      Germany
      Email Address: trademarks@cotyinc.com
      212-479-4512
      2124794375
Proposed: Coty Beauty Germany GmbH, gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Berliner Allee 65
      Darmstadt, 64295
      Germany
      Email Address: usptoclient@dennemeyer-law.com
      212-479-4512
      2124794375

The owner's/holder's current attorney information: Joseph Conklin. Joseph Conklin of COTY INC., is located at

      350 FIFTH AVENUE
      NEW YORK, New York 10118
      United States
      The phone number is 212-479-4512.
      The fax number is 2124794375.
      The email address is trademarks@cotyinc.com

The owner's/holder's proposed attorney information: Joseph Conklin. Joseph Conklin of COTY INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      350 FIFTH AVENUE
      NEW YORK, New York 10118
      United States
      The phone number is 212-479-4512.
      The fax number is 2124794375.
      The email address is trademarks@cotyinc.com

Joseph Conklin 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):
      JOSEPH CONKLIN
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cotyinc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Joseph Conklin
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cotyinc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): vfriedman@dennemeyer-law.com; tm-us@dennemeyer-law.com; docket@dennemeyer-law.com; smazurek@dennemeyer-law.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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU 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 filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, 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 filing date of the application or AOU; 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: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, 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; 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 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.

Signature: /Joseph Conklin/      Date: 03/10/2020
Signatory's Name: Joseph Conklin
Signatory's Position: Attorney of Record

Response Signature
Signature: /Joseph Conklin/     Date: 03/10/2020
Signatory's Name: Joseph Conklin
Signatory's Position: Attorney of Record

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:    JOSEPH CONKLIN
   COTY INC.
   
   350 FIFTH AVENUE
   NEW YORK, New York 10118
Mailing Address:    Joseph Conklin
   COTY INC.
   350 FIFTH AVENUE
   NEW YORK, New York 10118
        
RAM Sale Number: 88462743
RAM Accounting Date: 03/10/2020
        
Serial Number: 88462743
Internet Transmission Date: Tue Mar 10 18:18:26 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200310181826
490859-88462743-7103fffbd7e19107526655c8
4e0da2730e2c0b883d6266d17d258e35f9e974ff
cd5-CC-18240530-20200310175003474838