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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88515229 BLISS(Standard Characters, see http://uspto.report/TM/88515229/mark.png) has been amended as follows:

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

Please see the remarks attached within the Evidence section.

EVIDENCE
Evidence has been attached: remarks and a printout from the USPTO ID Manual
Original PDF file:
evi_3810821634-2020101414 3356169426_._BLISS_-_Resp onse_to_Office_Action__F3 726351x96B9E_.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_3810821634-2020101414 3356169426_._USPTO_ID_Man ual_Printout__F3726337x96 B9E_.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Cosmetics; cosmetics containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated skin care preparations; non-medicated skin care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated skin cleansing preparations; non-medicated skin cleansing preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated lip care preparations; non-medicated lip care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated acne treatment preparations; non-medicated acne treatment preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; nail care preparations; nail care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; essential oils; essential oils containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; hair care preparations; hair care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC
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: Cosmetics; cosmetics containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated skin care preparations; non-medicated skin care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated skin cleansing preparations; non-medicated skin cleansing preparations, namely, skin cleansers; non-medicated skin cleansing preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non- medicated skin cleansing preparations, namely, skin cleansers containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated lip care preparations; non-medicated lip care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated acne treatment preparations; nail care preparations; non-medicated acne treatment preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; nail care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; essential oils; essential oils containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; hair care preparations; hair care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THCClass 003 for Cosmetics; cosmetics containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated skin care preparations; non-medicated skin care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated skin cleansing preparations, namely, skin cleansers; non- medicated skin cleansing preparations, namely, skin cleansers containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; non-medicated lip care preparations; non-medicated lip care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; nail care preparations; nail care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; essential oils; essential oils containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; hair care preparations; hair care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC
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 005 for Medicated cosmetics; medicated cosmetics containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated skin soap; medicated skin soap containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated skin care preparations; medicated skin care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated skin cleansing preparations; medicated skin cleansing preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated lip care preparations; medicated lip care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated acne treatment preparations; medicated acne treatment preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated nail care preparations; medicated nail care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated essential oils; medicated essential oils containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated hair care preparations; medicated hair care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC
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: Medicated cosmetics; medicated cosmetics containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated skin soap; medicated skin care preparations; medicated skin soap containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated skin cleansing preparations; medicated lip care preparations; medicated skin care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated acne treatment preparations; medicated nail care preparations; medicated skin cleansing preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated hair care preparations; acne treatment preparations; medicated lip care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated acne treatment preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated nail care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated essential oils; medicated essential oils containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THC; medicated hair care preparations containing hemp-derived cannabidiol (''CBD'') with less than 0.3% THCClass 005 for Medicated cosmetics; medicated skin soap; medicated skin care preparations; medicated skin cleansing preparations; medicated lip care preparations; medicated acne treatment preparations; medicated nail care preparations; medicated hair care preparations; acne treatment preparations
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant hereby confirms that July 15, 2019 is the actual date the application was signed.


The owner's/holder's current attorney information: Julia Belagorudsky. Julia Belagorudsky of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      151 W. 42nd Street, 17th Floor
      New York, New York 10036
      United States
The docket/reference number is BLSP 1908109.
      The phone number is 212-813-5900.
      The email address is belagorudsky-docket@fzlz.com

The owner's/holder's proposed attorney information: Julia Belagorudsky. Other appointed attorneys are Lawrence E. Apolzon, Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Karen Lim, Charles T.J. Weigell, Ashford Tucker, Tamar Niv Bessinger. Julia Belagorudsky of Fross Zelnick Lehrman & Zissu, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      151 W. 42nd Street, 17th Floor
      New York, New York 10036
      United States
The docket/reference number is BLSP 1908109.
      The phone number is 212-813-5900.
      The email address is belagorudsky-docket@fzlz.com

Julia Belagorudsky 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):
      Julia Belagorudsky
      PRIMARY EMAIL FOR CORRESPONDENCE: belagorudsky-docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Ricketts-Docket@fzlz.com

The docket/reference number is BLSP 1908109.
Correspondence Information (proposed):
      Julia Belagorudsky
      PRIMARY EMAIL FOR CORRESPONDENCE: belagorudsky-docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Ricketts-Docket@fzlz.com

The docket/reference number is BLSP 1908109.

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)
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: /Julia Belagorudsky/      Date: 10/14/2020
Signatory's Name: Julia Belagorudsky
Signatory's Position: Attorney of Record, New York Bar member

Response Signature
Signature: /Julia Belagorudsky/     Date: 10/14/2020
Signatory's Name: Julia Belagorudsky
Signatory's Position: Attorney of record, New York 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:    Julia Belagorudsky
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   151 W. 42nd Street, 17th Floor
   New York, New York 10036
Mailing Address:    Julia Belagorudsky
   Fross Zelnick Lehrman & Zissu, P.C.
   151 W. 42nd Street, 17th Floor
   New York, New York 10036
        
Serial Number: 88515229
Internet Transmission Date: Wed Oct 14 19:24:36 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020101419243602
4235-88515229-75061155bb715d5fa772acf6b9
39bd5590caef7220e3be821eebb7e4be9a346c61
-N/A-N/A-20201014143356169426