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. 88512228 PAPER(Standard Characters, see http://uspto.report/TM/88512228/mark.png) has been amended as follows:

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

It is asserted in the office action that Registration is refused because the applied-for mark merely describes the features and characteristics of applicants goods. Applicant traverses this refusal and amends its identification contemporaneously with this response. Accordingly, Applicant respectfully requests that the refusal be withdrawn.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 003 for Beauty care cosmetic preparations; Cosmetic preparations for the face and body; Cosmetics; Beauty soap; body deodorants; Make-up preparations for the face and body; Cosmetic soaps; Cosmetics in general, including perfumes
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: Beauty care cosmetic preparations; Cosmetic preparations for the face and body; Cosmetics; Beauty soap; body deodorants; Make-up preparations for the face and body; Cosmetic soaps; Cosmetics in general, including perfumes; all of the foregoing excluding cosmetic paper, cosmetic products made of paper, paper infused with cosmeticsClass 003 for Beauty care cosmetic preparations; Cosmetic preparations for the face and body; Cosmetics; Beauty soap; body deodorants; Make-up preparations for the face and body; Cosmetic soaps; Cosmetics in general, including perfumes; all of the foregoing excluding cosmetic paper, cosmetic products made of paper, paper infused with cosmetics
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 owner's/holder's proposed attorney information Aaron Greenberg. Other appointed attorneys are Kenneth Sherman, Steven Laut, Hemavathy Perumal. Aaron Greenberg of Sherman IP, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1519 26th Street
      Santa Monica, California 90404
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is TMI2-T.e2119.
      The phone number is 4242296800.
      The email address is trademark@shermanip.com

Aaron Greenberg 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):
      DANIEL ROESCHEISEN
      PRIMARY EMAIL FOR CORRESPONDENCE: droescheisen@yahoo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Aaron Greenberg
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@shermanip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@shermanip.com

The docket/reference number is TMI2-T.e2119.

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).

SIGNATURE(S)
Response Signature
Signature: /Aaron Greenberg/     Date: 02/24/2020
Signatory's Name: Aaron Greenberg
Signatory's Position: Attorney of Record, FL Bar Member

Signatory's Phone Number: 4242296800

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:    DANIEL ROESCHEISEN
   
   
   739 S SPAULDING AVE. #3
   LOS ANGELES, California 90036
Mailing Address:    Aaron Greenberg
   Sherman IP, LLP
   1519 26th Street
   Santa Monica, California 90404
        
Serial Number: 88512228
Internet Transmission Date: Mon Feb 24 19:32:06 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020022419320612
9867-88512228-710ca3134ce7098d5ce91a736c
5206cc05e85611bf32ebc7c14e7346fa3ab5ef4d
-N/A-N/A-20200224192703330494