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. 88488357 SCENT' ELEMENT(Standard Characters, see http://uspto.report/TM/88488357/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 001 for Industrial chemicals; chemical products for use in the manufacture of fragrances; aromatics; silicones; silicone fluids; unprocessed silicone resins; silicone surfactants for industrial purposes
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: Industrial chemicals; chemical products for use in the manufacture of fragrances; chemical preparations for use in the manufacture of fragrances; aromatics; aromatic hydrocarbons; silicones; functionalized silicones for use in the manufacture of personal care and cosmetic compositions; silicone fluids; unprocessed silicone resins; silicone surfactants for industrial purposesClass 001 for Industrial chemicals; chemical preparations for use in the manufacture of fragrances; aromatic hydrocarbons; functionalized silicones for use in the manufacture of personal care and cosmetic compositions; silicone fluids; unprocessed silicone resins; silicone surfactants for industrial purposes
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 017 for Silicone rubber; insulating gloves; insulators; unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastic substances, semi-processed; packing, stopping and insulating materials; acrylic resins, semi-processed; chemical compositions for repairing leaks
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: Silicone rubber; insulating gloves; insulators; electrical insulators, namely, insulators for electrical cables, electrical insulating tape, insulating splice cover for electrical cable, synthetic polymer thin film coatings in the nature of electrical insulation for use in the manufacture of industrial products insulators; unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; raw and semi-worked rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials, namely, silicon based sealants and adhesives, layered nonstick sheets of silicone; plastic substances, semi-processed; packing, stopping and insulating materials; packing and insulating materials; acrylic resins, semi-processed; chemical compositions for repairing leaks; chemical compositions for repairing leaks, namely, silicone sealantsClass 017 for Silicone rubber; insulating gloves; electrical insulators, namely, insulators for electrical cables, electrical insulating tape, insulating splice cover for electrical cable, synthetic polymer thin film coatings in the nature of electrical insulation for use in the manufacture of industrial products insulators; raw and semi-worked rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials, namely, silicon based sealants and adhesives, layered nonstick sheets of silicone; plastic substances, semi-processed; packing and insulating materials; acrylic resins, semi-processed; chemical compositions for repairing leaks, namely, silicone sealants
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.

The applicant's current attorney information: John H. Alspaugh, Esq.. John H. Alspaugh, Esq. of SELTZER CAPLAN MCMAHON VITEK, is located at

      750 B STREET, SUITE 2100
      SAN DIEGO, California 92101
      US
The docket/reference number is T14998US00.

The phone number is 619-685-3055.

The fax number is 619-702-6813.

The email address is usdocketing@scmv.com

The applicants proposed attorney information: John H. Alspaugh, Esq.. John H. Alspaugh, Esq. of SELTZER CAPLAN MCMAHON VITEK, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      750 B STREET, SUITE 2100
      SAN DIEGO, California 92101
      United States
The docket/reference number is T14998US00.

The phone number is 619-685-3055.

The fax number is 619-702-6813.

The email address is usdocketing@scmv.com

John H. Alspaugh, Esq. 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.
The applicant's current correspondence information: JOHN H. ALSPAUGH, ESQ.. JOHN H. ALSPAUGH, ESQ. of SELTZER CAPLAN MCMAHON VITEK, is located at

      750 B STREET, SUITE 2100
      SAN DIEGO, California 92101
      US
The docket/reference number is T14998US00.

The phone number is 619-685-3055.

The fax number is 619-702-6813.

The email address is usdocketing@scmv.com

The applicants proposed correspondence information: John H. Alspaugh, Esq.. John H. Alspaugh, Esq. of SELTZER CAPLAN MCMAHON VITEK, is located at

      750 B STREET, SUITE 2100
      SAN DIEGO, California 92101
      United States
The docket/reference number is T14998US00.

The phone number is 619-685-3055.

The fax number is 619-702-6813.

The email address is usdocketing@scmv.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SCENT apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /JHA/     Date: 11/01/2019
Signatory's Name: John H. Alspaugh, Esq,
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 619-685-3055

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:    JOHN H. ALSPAUGH, ESQ.
   SELTZER CAPLAN MCMAHON VITEK
   
   750 B STREET, SUITE 2100
   SAN DIEGO, California 92101
Mailing Address:    John H. Alspaugh, Esq.
   SELTZER CAPLAN MCMAHON VITEK
   750 B STREET, SUITE 2100
   SAN DIEGO, California 92101
        
Serial Number: 88488357
Internet Transmission Date: Fri Nov 01 16:42:23 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191101164223
646294-88488357-700a6affaafab2a0bf8dacb0
53ac776a623dcf1cd643cebc2e5b4f6ea6601-N/
A-N/A-20191030194009411211