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. 88493325 HERSTELLER(Standard Characters, see http://uspto.report/TM/88493325/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 035 for Retail service of cosmetics; Retail service of hair waving preparations; Retail service of cosmetic preparations for body care; Retail service of bath and shower preparations; Retail service of shampoo; Retail service of sun-block lotions; Retail service of toiletry preparations; Retail service of skin soaps; Retail service of cosmetic preparations for skin care; Retail service of essential oils; Retail service of lip conditioners; Retail service of facial cleansers; Retail service of skin moisturizer masks; Retail service of hand cream; Retail service of perfumes; Retail service of hair care creams; Retail service of tissues impregnated with a skin cleanser; Retail service of nail varnish; Retail service of false eyelashes
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Korea, South application number 40-2019-0097 filed 06/25/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Retail service of cosmetics; Retail store services featuring cosmetics; Retail service of hair waving preparations; Retail store services featuring hair waving preparations; Retail service of cosmetic preparations for body care; Retail store services featuring cosmetic preparations for body care; Retail service of bath and shower preparations; Retail store services featuring bath and shower preparations; Retail service of shampoo; Retail store services featuring shampoo; Retail service of sun-block lotions; Retail store services featuring sun-block lotions; Retail service of toiletry preparations; Retail store services featuring toiletry preparations; Retail service of skin soaps; Retail store services featuring skin soaps; Retail service of cosmetic preparations for skin care; Retail store services featuring cosmetic preparations for skin care; Retail service of essential oils; Retail services featuring essential oils; Retail service of lip conditioners; Retail store service featuring lip conditioners; Retail service of facial cleansers; Retail store services featuring facial cleansers; Retail service of skin moisturizer masks; Retail store services featuring skin moisturizer masks; Retail service of hand cream; Retail store services featuring hand cream; Retail service of perfumes; Retail store services featuring perfumes; Retail service of hair care creams; Retail store services featuring hair care creams; Retail service of tissues impregnated with a skin cleanser; Retail store services featuring tissues impregnated with a skin cleanser; Retail service of nail varnish; Retail store services featuring nail varnish; Retail service of false eyelashes; Retail store services featuring false eyelashesClass 035 for Retail store services featuring cosmetics; Retail store services featuring hair waving preparations; Retail store services featuring cosmetic preparations for body care; Retail store services featuring bath and shower preparations; Retail store services featuring shampoo; Retail store services featuring sun-block lotions; Retail store services featuring toiletry preparations; Retail store services featuring skin soaps; Retail store services featuring cosmetic preparations for skin care; Retail services featuring essential oils; Retail store service featuring lip conditioners; Retail store services featuring facial cleansers; Retail store services featuring skin moisturizer masks; Retail store services featuring hand cream; Retail store services featuring perfumes; Retail store services featuring hair care creams; Retail store services featuring tissues impregnated with a skin cleanser; Retail store services featuring nail varnish; Retail store services featuring false eyelashes
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Korea, South application number 40-2019-0097 filed 06/25/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Corey K. Cho. Corey K. Cho of SALIWANCHIK, LLOYD AND EISENSCHENK, P.A., is located at

      3107 SW WILLISTON ROAD
      GAINESVILLE, Florida 32608
      US
The docket/reference number is KLP.ITU14.

The phone number is 352-375-8100.

The fax number is 352-372-5800.

The email address is ckc@slepatents.com

The applicants proposed attorney information: Corey K. Cho. Corey K. Cho of SALIWANCHIK, LLOYD AND EISENSCHENK, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3107 SW WILLISTON ROAD
      GAINESVILLE, Florida 32608
      United States
The docket/reference number is KLP.ITU14.

The phone number is 352-375-8100.

The fax number is 352-372-5800.

The email address is ckc@slepatents.com

Corey K. Cho 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: COREY K. CHO. COREY K. CHO of SALIWANCHIK, LLOYD AND EISENSCHENK, P.A., is located at

      3107 SW WILLISTON ROAD
      GAINESVILLE, Florida 32608
      US
The docket/reference number is KLP.ITU14.

The phone number is 352-375-8100.

The fax number is 352-372-5800.

The email address is ckc@slepatents.com

The applicants proposed correspondence information: Corey K. Cho. Corey K. Cho of SALIWANCHIK, LLOYD AND EISENSCHENK, P.A., is located at

      3107 SW WILLISTON ROAD
      GAINESVILLE, Florida 32608
      United States
The docket/reference number is KLP.ITU14.

The phone number is 352-375-8100.

The fax number is 352-372-5800.

The email address is ckc@slepatents.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The foreign application Nos. 40-2019-0097524 and 40-2019-0097525 being used as the basis for a priority claim under Section 44(d) of the Trademark Act for Classes 3 and 35 have not yet matured into a registration in the applicant's country of origin. I hereby request that the application be suspended until the corresponding Korean registrations issue.


SIGNATURE(S)
Response Signature
Signature: /corey k cho/     Date: 02/06/2020
Signatory's Name: Corey K. Cho
Signatory's Position: Attorney of Record, Florida bar member

Signatory's Phone Number: 3523758100

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:    COREY K. CHO
   SALIWANCHIK, LLOYD AND EISENSCHENK, P.A.
   
   3107 SW WILLISTON ROAD
   GAINESVILLE, Florida 32608
Mailing Address:    Corey K. Cho
   SALIWANCHIK, LLOYD AND EISENSCHENK, P.A.
   3107 SW WILLISTON ROAD
   GAINESVILLE, Florida 32608
        
Serial Number: 88493325
Internet Transmission Date: Thu Feb 06 12:03:05 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020020612030553
9537-88493325-700146d2ee66757c4377793e95
a2d40ad0cae3a314f67479d6661b3f3716e3-N/A
-N/A-20200206115007231613