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. 88464132 HIDEAWAY (Stylized and/or with Design, see http://uspto.report/TM/88464132/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments in support of removing 2(d) refusal has been attached.
Original PDF file:
evi_50199100246-20200224141828786129_._HIDEAWAY_Office_Action_Response_-_88464132.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 003 for Antiperspirant soaps; Bar soaps; Bath soaps; Body soaps; Cakes of soap; Cakes of toilet soap; Cosmetic soaps; Deodorant soaps; Deodorising soaps; Facial soaps; Laundry soaps; Liquid soaps (non medicated); Non-medicated soap creams for use in washing; Non-medicated soap products; Non-medicated soap-based handwashes; Non-medicated soaps; Non-medicated toilet soaps; Perfumed soaps; Perfumed toilet soaps; Shaving soaps; Shower soaps; Soaps for foot perspiration; Soaps free washing emulsions for the body; Soaps for laundry use; Soapy detergents for household use; Sugar soaps; Toilet soaps; Body washes; Body creams; Body scrubs; Body oils; Bath oils; Massage oils; Scented oils
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: Antiperspirant soaps; Bar soaps; Bath soaps; Body soaps; non-medicated body soaps; Cakes of soap; Cakes of toilet soap; Cosmetic soaps; Deodorant soaps; Deodorising soaps; Deodorising soaps, namely, cleaning preparations; Facial soaps; non-medicated facial soaps; Laundry soaps; Liquid soaps (non medicated); non medicated liquid soaps; Non-medicated soap creams for use in washing; Non-medicated soap products; Non-medicated soap; Non-medicated soap-based handwashes; Non-medicated soaps; Non-medicated toilet soaps; Perfumed soaps; Perfumed toilet soaps; Shaving soaps; Shower soaps; non medicated shower soaps; Soaps for foot perspiration; Soaps free washing emulsions for the body; Soaps for laundry use; Soapy detergents for household use; Sugar soaps; non medicated sugar soaps; Toilet soaps; Body washes; Body creams; Body scrubs; Body oils; Bath oils; Massage oils; Scented oilsClass 003 for Antiperspirant soaps; Bar soaps; Bath soaps; non-medicated body soaps; Cakes of soap; Cakes of toilet soap; Cosmetic soaps; Deodorant soaps; Deodorising soaps, namely, cleaning preparations; non-medicated facial soaps; Laundry soaps; non medicated liquid soaps; Non-medicated soap creams for use in washing; Non-medicated soap; Non-medicated soap-based handwashes; Non-medicated soaps; Non-medicated toilet soaps; Perfumed soaps; Perfumed toilet soaps; Shaving soaps; non medicated shower soaps; Soaps for foot perspiration; Soaps free washing emulsions for the body; Soaps for laundry use; Soapy detergents for household use; non medicated sugar soaps; Toilet soaps; Body washes; Body creams; Body scrubs; Body oils; Bath oils; Massage oils; Scented oils
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: Platinum Investment Group Pty Ltd a(n) proprietary limited company (p/l or pty. ltd.), legally organized under the laws of Australia, having an address of

            Level 13      110 Mary St
      Brisbane City, QLD, 4000
      Australia

Proposed: Platinum Investment Group Pty Ltd, proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      Level 13
      110 Mary St
      Brisbane City, QLD, 4000
      Australia
      Email Address: trademarks@bates-bates.com

The owner's/holder's current attorney information: Andrea E. Bates. Andrea E. Bates of BATES & BATES, LLC, is located at

      1890 MARIETTA BLVD NW
      ATLANTA, Georgia 30318
      United States
      The email address is abates@bates-bates.com

The owner's/holder's proposed attorney information: Andrea E. Bates. Other appointed attorneys are Johnathan Bates, Kathryn Cox, Jason Cox, Kevin Dawson, Laura Deines, Kurt Schuettinger. Andrea E. Bates of BATES & BATES, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1890 MARIETTA BLVD NW
      ATLANTA, Georgia 30318
      United States
      The email address is abates@bates-bates.com

Andrea E. Bates 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):
      ANDREA E. BATES
      PRIMARY EMAIL FOR CORRESPONDENCE: abates@bates-bates.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kdawson@bates-bates.com; rberkowitz@bates-bates.com; ckoerner@bates-bates.com
Correspondence Information (proposed):
      Andrea E. Bates
      PRIMARY EMAIL FOR CORRESPONDENCE: abates@bates-bates.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kdawson@bates-bates.com; rberkowitz@bates-bates.com; ckoerner@bates-bates.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).

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word HIDEAWAY in stylized font having a fabric effect.

SIGNATURE(S)
Response Signature
Signature: /Kevin J. Dawson/     Date: 02/24/2020
Signatory's Name: Kevin J. Dawson
Signatory's Position: Other Appointed Attorney, Georgia Bar member

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:    ANDREA E. BATES
   BATES & BATES, LLC
   
   1890 MARIETTA BLVD NW
   ATLANTA, Georgia 30318
Mailing Address:    Andrea E. Bates
   BATES & BATES, LLC
   1890 MARIETTA BLVD NW
   ATLANTA, Georgia 30318
        
Serial Number: 88464132
Internet Transmission Date: Mon Feb 24 16:02:43 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202002241602431
74541-88464132-71023656aae15c58c4a4aed62
7f52ab5ad8975db7ac792679c716df6d8ba83fbc
ba-N/A-N/A-20200224155244485388