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. 88570234 LYST (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8857023 4/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Non-medicated soaps, body wash and shower gels; essential oils; non-medicated cosmetics; non-medicated hair lotions; non-medicated dentifrices and toothpaste; sun-tanning milks, gels and oils; after-sun preparations; creams, milks, gels, lotions and powders for the hair, nails and skin; cosmetics; make-up preparations and make-up removers; non-medicated moisturisers for the hair, nails and skin; skin conditioning cream for cosmetic purposes; non-medicated body soaks and body rubs; sun screen; preparations for the protection of the body from the sun; non-medicated preparations for the hair, shampoo, hair conditioner, hair mousse, hair balms, styling gel; anti-perspirants and deodorants for personal use; non-medicated preparations for hairdressing and hair care; hair lacquers; hair-colouring and hair-decolourising preparations; permanent wave and curling preparations; hairsprays; non-medicated preparations for use in the bath or shower; bath and shower oils, gels, creams and foams; facial and body masks; face and body scrubs; facial washes; skin cleansers and moisturisers; skin toners; skin moisturizers; non-medicated blemish creams and gels for use in acne treatment; nail polish; lipstick; eyeliner; make-up and make-up preparations; preparations for use before shaving and after shaving; shaving soaps; shaving creams; shaving gels; talcum powders; hair straightening 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.

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[ United Kingdom application number UK0000339191 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Non-medicated soaps, body wash and shower gels; essential oils; non-medicated cosmetics; non-medicated hair lotions; non-medicated dentifrices and toothpaste; sun-tanning milks, gels and oils; after-sun preparations; after-sun skin care preparations; creams, milks, gels, lotions and powders for the hair, nails and skin; cosmetics; make-up preparations and make-up removers; non-medicated moisturisers for the hair, nails and skin; skin conditioning cream for cosmetic purposes; non-medicated body soaks and body rubs; sun screen; preparations for the protection of the body from the sun; non-medicated skin care preparations for the protection of the body from the sun; non-medicated preparations for the hair, shampoo, hair conditioner, hair mousse, hair balms, styling gel; anti-perspirants and deodorants for personal use; non-medicated preparations for hairdressing and hair care; hair lacquers; hair-colouring and hair-decolourising preparations; permanent wave and curling preparations; hairsprays; non-medicated preparations for use in the bath or shower; bath and shower oils, gels, creams and foams; facial and body masks; face and body scrubs; facial washes; skin cleansers and moisturisers; skin toners; skin moisturizers; non-medicated blemish creams and gels for use in acne treatment; nail polish; lipstick; eyeliner; make-up and make-up preparations; make-up and make-up skin care preparations; preparations for use before shaving and after shaving; non-medicated skin care preparations for use before shaving and after shaving; shaving soaps; shaving creams; shaving gels; talcum powders; hair straightening preparations; hair straightening preparations.Class 003 for Non-medicated soaps, body wash and shower gels; essential oils; non-medicated cosmetics; non-medicated hair lotions; non-medicated dentifrices and toothpaste; sun-tanning milks, gels and oils; after-sun skin care preparations; creams, milks, gels, lotions and powders for the hair, nails and skin; cosmetics; make-up preparations and make-up removers; non-medicated moisturisers for the hair, nails and skin; skin conditioning cream for cosmetic purposes; non-medicated body soaks and body rubs; sun screen; non-medicated skin care preparations for the protection of the body from the sun; non-medicated preparations for the hair, shampoo, hair conditioner, hair mousse, hair balms, styling gel; anti-perspirants and deodorants for personal use; non-medicated preparations for hairdressing and hair care; hair lacquers; hair-colouring and hair-decolourising preparations; permanent wave and curling preparations; hairsprays; non-medicated preparations for use in the bath or shower; bath and shower oils, gels, creams and foams; facial and body masks; face and body scrubs; facial washes; skin cleansers and moisturisers; skin toners; skin moisturizers; non-medicated blemish creams and gels for use in acne treatment; nail polish; lipstick; eyeliner; make-up and make-up skin care preparations; non-medicated skin care preparations for use before shaving and after shaving; shaving soaps; shaving creams; shaving gels; talcum powders; hair straightening 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.

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 [ United Kingdom application number UK0000339191 filed 04/12/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003391914 registered 10/11/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-1441212366-100410349 _._LYST-_UK_registration.pdf
Converted PDF file(s) ( 6 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4Foreign Registration-5Foreign Registration-6

Applicant proposes to amend the following:

Current:
Class 009 for Apparatus for recording, transmission or reproduction of sound, vision, or images; data processing equipment and computers; computer software (including software downloadable from the Internet); computer programs; computer software development tools; computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, managing, sharing or otherwise providing electronic media or information via computer and communication networks; data processing equipment, data processing computers; data processing software database management software; computer software; applications for use on computers, mobile phones, smartphones and other mobile devices; social media and/or social networking applications; applications and software for allowing data collection, data retrieval, data manipulation and sharing of data with others electronically; data synchronisation programs, and application development tool programs for personal and handheld computers; computer software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organising text, graphics, images, and electronic publications; electronic publications; publications in electronic form, supplied on-line from databases or from facilities on the Internet; downloadable electronic publications; software for creating indexes of information, indexes of web sites, and indexes of other information resources; software for mobile phones, smartphones and other mobile devices for detecting a user's location and displaying relevant local information of general interest; software for mobile phones, smartphones and other mobile devices that allows the user to search the phone or device's content for information, contacts, applications and sales items; software for mobile phones, smartphones and other mobile devices that allows the user to search the Internet for information of general interest; encoded prepaid payment cards; electronic and magnetic cards for use in connection with payment for goods and services; loyalty cards; parts and fitting all for the aforesaid goods
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[ United Kingdom application number UK0000339191 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Apparatus for recording, transmission or reproduction of sound, vision, or images; Downloadable computer software for use in connection with online promotion and purchase of goods featuring information on general merchandise and general consumer goods; data processing equipment and computers; computer programs, recorded, for use on personal and handheld computers, mobile phones, smartphones and other electronic handheld devices for use in connection with online promotion and purchase of goods, namely, a downloadable software application featuring information on general merchandise and general consumer goods; computer software (including software downloadable from the Internet); downloadable computer software development tools; computer programs; downloadable computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, managing, sharing or otherwise providing electronic media or information via computer and communication networks; computer software development tools; data processing computers; computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, managing, sharing or otherwise providing electronic media or information via computer and communication networks; downloadable data processing software; data processing equipment, data processing computers; downloadable database management software; data processing software database management software; downloadable computer application software for use on computers, mobile phones, smartphones and other mobile devices for purchasing products from third party retailers; computer software; downloadable computer application software for social media and social networking; applications for use on computers, mobile phones, smartphones and other mobile devices; downloadable computer application software for allowing data collection, data retrieval, data manipulation and sharing of data with others electronically; social media and/or social networking applications; downloadable data synchronisation programs and downloadable application development tool programs for personal and handheld computers; applications and software for allowing data collection, data retrieval, data manipulation and sharing of data with others electronically; downloadable computer software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organising text, graphics, images, and electronic publications; data synchronisation programs, and application development tool programs for personal and handheld computers; downloadable electronic publications in the nature of articles, journals, advertorials and newsletters in the field of consumer goods; computer software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organising text, graphics, images, and electronic publications; downloadable publications in electronic form in the nature of articles, journals, advertorials and newsletters in the field of consumer goods, supplied on-line from databases or from facilities on the Internet; electronic publications; downloadable software for creating indexes of information, indexes of web sites, and indexes of other information resources; publications in electronic form, supplied on-line from databases or from facilities on the Internet; downloadable software for mobile phones, smartphones and other mobile devices for detecting a user's location and displaying relevant local information of general interest; downloadable electronic publications; downloadable software for mobile phones, smartphones and other mobile devices that allows the user to search the phone or device's content for information, contacts, applications and sales items; software for creating indexes of information, indexes of web sites, and indexes of other information resources; downloadable software for mobile phones, smartphones and other mobile devices that allows the user to search the Internet for information of general interest; software for mobile phones, smartphones and other mobile devices for detecting a user's location and displaying relevant local information of general interest; prepaid payment cards, magnetically encoded; software for mobile phones, smartphones and other mobile devices that allows the user to search the phone or device's content for information, contacts, applications and sales items; electronic and magnetic ID cards for use in connection with payment for goods and services; software for mobile phones, smartphones and other mobile devices that allows the user to search the Internet for information of general interest; encoded electronic chip loyalty cards, for retail purchases and offers.; encoded prepaid payment cards; electronic and magnetic cards for use in connection with payment for goods and services; loyalty cards; parts and fitting all for the aforesaid goodsClass 009 for Downloadable computer software for use in connection with online promotion and purchase of goods featuring information on general merchandise and general consumer goods; computer programs, recorded, for use on personal and handheld computers, mobile phones, smartphones and other electronic handheld devices for use in connection with online promotion and purchase of goods, namely, a downloadable software application featuring information on general merchandise and general consumer goods; downloadable computer software development tools; downloadable computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, managing, sharing or otherwise providing electronic media or information via computer and communication networks; data processing computers; downloadable data processing software; downloadable database management software; downloadable computer application software for use on computers, mobile phones, smartphones and other mobile devices for purchasing products from third party retailers; downloadable computer application software for social media and social networking; downloadable computer application software for allowing data collection, data retrieval, data manipulation and sharing of data with others electronically; downloadable data synchronisation programs and downloadable application development tool programs for personal and handheld computers; downloadable computer software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organising text, graphics, images, and electronic publications; downloadable electronic publications in the nature of articles, journals, advertorials and newsletters in the field of consumer goods; downloadable publications in electronic form in the nature of articles, journals, advertorials and newsletters in the field of consumer goods, supplied on-line from databases or from facilities on the Internet; downloadable software for creating indexes of information, indexes of web sites, and indexes of other information resources; downloadable software for mobile phones, smartphones and other mobile devices for detecting a user's location and displaying relevant local information of general interest; downloadable software for mobile phones, smartphones and other mobile devices that allows the user to search the phone or device's content for information, contacts, applications and sales items; downloadable software for mobile phones, smartphones and other mobile devices that allows the user to search the Internet for information of general interest; prepaid payment cards, magnetically encoded; electronic and magnetic ID cards for use in connection with payment for goods and services; encoded electronic chip loyalty cards, for retail purchases and offers.
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 [ United Kingdom application number UK0000339191 filed 04/12/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003391914 registered 10/12/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-1441212366-100410349 _._LYST-_UK_registration.pdf
Converted PDF file(s) ( 6 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4Foreign Registration-5Foreign Registration-6

Applicant proposes to amend the following:

Current:
Class 035 for Advertising services; marketing services; promotion services; business management and information services; office functions; business research services; market research services; consumer market information services; dissemination of advertising for others via the Internet; the bringing together, for the benefit of others, of a variety of communications and telecommunications apparatus, instruments and software, enabling customers to conveniently view and purchase those goods, including such services provided on-line from a computer database, the Internet or other electronic network; the bringing together, for the benefit of others, of a variety of services in the field of entertainment, fashion, information services, fashion design services, lifestyle (health) information services, life coaching services, health, beauty and fitness information, music, sports, news, current affairs reporting and information services, technology information services; on-line retail store services in relation to consumer goods of others, namely, clothing, footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; online retail store bringing together for the benefit of others, of a variety of goods, namely, clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear, enabling customers to conveniently purchase those goods from an Internet website or by means of telecommunications or by means of a global network or by mail order catalogue or from a retail store; advertising and promoting the goods and services of others via a global computer network; promoting the goods and services of others by providing a website featuring coupons, offers, rebates, reward cards, consumer reviews, links to the retail websites of others, online catalogues featuring a wide variety of consumer goods of others, comparison shopping, and discount information; providing commercial assistance to advertisers in creating, managing, and organising online advertising and online product listings; provision of advertising space through computer networks and websites; distribution of advertising material and dissemination of advertising messages; providing a searchable online advertising guide featuring the goods of third party sellers; business information services; electronic shopping retail services connected with clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; provision of advertising space for sellers and buyers to advertise, market and solicit goods and conclude sales transactions; providing evaluative feedback and ratings of sellers' goods, the value and price of sellers' goods, buyers' and sellers' performance, delivery, and overall experience in connection therewith; customer loyalty services and customer club services for commercial, promotional and advertising purposes; promoting the goods and services of others; auctioning; auctioneering services; assistance with purchasing goods and services, for others; searching for data in computer files, for others; demonstration of goods; distribution of samples; commercial information agency services; import and export agencies; assistance with the procurement of goods and services, for others; compilation and systemisation of data into computer databases; online advertising on the Internet and other global computer network systems; market analysis; marketing research; presentation of goods on communication media, for retail purposes; rental of publicity material; rental of advertising space; renting out of advertising time in communication media; computerised online ordering of consumer goods; provision of information relating to online shopping for fashion goods; providing product reviews and product information; organisation of fashion shows for commercial purposes; arranging and conducting of exhibitions for business purposes; administration of loyalty programmes involving discounts or incentives; loyalty card services; organisation, operation and supervision of sales and promotional incentive schemes; Internet services, namely, creating indexes of information, sites and other resources available on a global computer network for others; compilation of directories, including business and commercial directories, for publication on computer databases, the Internet or other electronic networks; searching, browsing and retrieving information, sites and other resources available on global computer networks for others; organising content of information provided over a global computer network according to user preference; database and data processing services; data retrieval services; data processing services; data management services; collection of data; business data analysis; business strategy and planning services; economic forecasting, marketing, market research, market analysis and survey services; compilation of statistical information; provision of trade information; dissemination of advertising for others via wireless network, telecommunication apparatus or devices or a global computer network; compilation of information into computer databases; compilation of statistics; cost price analysis; price comparison services; providing an on-line commercial information directory; compilation and systemisation of information into computer databases and online searchable databases; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales products; publicity and sales promotion relating to goods and services, offered and ordered by telecommunications; advice, consultancy and information services for all the aforesaid services
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[ United Kingdom application number UK0000339191 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Advertising services; marketing services; promotion services; promotional services; business management and information services; office functions; providing office functions; business research services; business research; market research services; consumer market information services; consumer marketing research; dissemination of advertising for others via the Internet; the bringing together, for the benefit of others, of a variety of communications and telecommunications apparatus, instruments and software, enabling customers to conveniently view and purchase those goods, including such services provided on-line from a computer database, the Internet or other electronic network; the bringing together, for the benefit of others, of a variety of services in the field of entertainment, fashion, information services, fashion design services, lifestyle (health) information services, life coaching services, health, beauty and fitness information, music, sports, news, current affairs reporting and information services, technology information services; the bringing together, for the benefit of others, of a variety of services in the field of entertainment, fashion, information services, fashion design services, lifestyle information services, life coaching services, health, beauty and fitness information, music, sports, news, current affairs reporting and information services, technology information services; on-line retail store services in relation to consumer goods of others, namely, clothing, footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; on-line retail store services featuring clothing, footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; online retail store bringing together for the benefit of others, of a variety of goods, namely, clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear, enabling customers to conveniently purchase those goods from an Internet website or by means of telecommunications or by means of a global network or by mail order catalogue or from a retail store; online retail store services for the bringing together for the benefit of others, of a variety of goods, namely, clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear, enabling customers to conveniently purchase those goods from an Internet website or by means of telecommunications or by means of a global network or by mail order catalogue or from a retail store; advertising and promoting the goods and services of others via a global computer network; promoting the goods and services of others by providing a website featuring coupons, offers, rebates, reward cards, consumer reviews, links to the retail websites of others, online catalogues featuring a wide variety of consumer goods of others, comparison shopping, and discount information; providing commercial assistance to advertisers in creating, managing, and organising online advertising and online product listings; commercial assistance to advertisers relating to creating, managing, and organising online advertising and online product listings; provision of advertising space through computer networks and websites; distribution of advertising material and dissemination of advertising messages; providing a searchable online advertising guide featuring the goods of third party sellers; business information services; electronic shopping retail services connected with clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; electronic shopping retail store services featuring clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; provision of advertising space for sellers and buyers to advertise, market and solicit goods and conclude sales transactions; providing evaluative feedback and ratings of sellers' goods, the value and price of sellers' goods, buyers' and sellers' performance, delivery, and overall experience in connection therewith; commercial evaluation and rating of sellers' goods, the value and price of sellers' goods, buyers' and sellers' performance, delivery, and overall experience in connection therewith; customer loyalty services and customer club services for commercial, promotional and advertising purposes; promoting the goods and services of others; auctioning; auctioneering services; assistance with purchasing goods and services, for others; assistance, namely, providing online advice, recommendations and suggestions for purchasing goods and services, for others; searching for data in computer files, for others; searching, namely, using online and electronic search tools to collate, aggregate and present data in computer files, for others; demonstration of goods; distribution of samples; distribution of samples, namely, samples of the goods of third party sellers; commercial information agency services; import and export agencies; assistance, namely, providing a website to assist with the procurement of goods and services, for others; assistance with the procurement of goods and services, for others; compilation and systemization, namely, the collation, aggregation, structuring and presentation of data into computer databases; compilation and systemisation of data into computer databases; online advertising services on the Internet and other global computer network systems; online advertising on the Internet and other global computer network systems; market analysis; marketing research; presentation of goods on communication media, for retail purposes; rental of publicity material; rental of advertising space; renting out of advertising time in communication media; computerised online ordering featuring general consumer merchandise; computerised online ordering of consumer goods; provision of business information relating to online shopping for fashion goods; provision of information relating to online shopping for fashion goods; promoting the goods and services of others by providing a website featuring product reviews and product information; providing product reviews and product information; organisation of fashion shows for commercial purposes; arranging and conducting of exhibitions for business purposes; administration of loyalty programmes involving discounts or incentives; promoting the goods and services of others by means of a loyalty rewards card scheme; loyalty card services; Internet services, namely, on-line business directories featuring information, sites and other resources available on a global computer network for others; organisation, operation and supervision of sales and promotional incentive schemes; compilation of business directories, namely, business and commercial directories featuring third party retailers and their goods and services, for publication on computer databases, the Internet or other electronic networks; Internet services, namely, creating indexes of information, sites and other resources available on a global computer network for others; search engine marketing available on global computer networks for others; compilation of directories, including business and commercial directories, for publication on computer databases, the Internet or other electronic networks; organising content, namely, the compilation and aggregation of of information provided over a global computer network according to user preference; searching, browsing and retrieving information, sites and other resources available on global computer networks for others; data retrieval services, namely, the collection, aggregation and structuring of data; organising content of information provided over a global computer network according to user preference; data processing services; database and data processing services; data management services for use in debt collection, namely, electronic data collection and on-line claims management; data retrieval services; collection of quality metric data for retailers for business purposes; business data analysis; data management services; business strategic planning services provided to retailers and other for profit corporations and organisations; collection of data; economic forecasting, marketing, market research, market analysis and consumer survey services; compilation of statistical information; business strategy and planning services; providing trade information; economic forecasting, marketing, market research, market analysis and survey services; dissemination of advertising for others via wireless network, telecommunication apparatus or devices or a global computer network; compilation of information into computer databases; provision of trade information; compilation of statistics; cost price analysis; price comparison services; providing an on-line commercial information directory on the internet; compilation and systemisation of information into computer databases; electronic commerce services, namely, providing commercial information about products via telecommunication networks for advertising and sales products; providing an on-line commercial information directory; publicity and sales promotion relating to goods and services, offered and ordered by telecommunications; compilation and systemisation of information into computer databases and online searchable databases; promoting the goods and services of others by means of the issuance of loyalty rewards cards and gift cards; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales products; advice, consultancy and information services for all the aforesaid services, namely, online advice, consultancy and information provided via a website or other online platform in connection with the promotion and sale of the retail goods of others and the collection, aggregation and structuring of consumer browsing and purchasing data.; advice, consultancy and information services for all the aforesaid servicesClass 035 for Advertising services; marketing services; promotional services; business management and information services; providing office functions; business research; market research services; consumer marketing research; dissemination of advertising for others via the Internet; the bringing together, for the benefit of others, of a variety of communications and telecommunications apparatus, instruments and software, enabling customers to conveniently view and purchase those goods, including such services provided on-line from a computer database, the Internet or other electronic network; the bringing together, for the benefit of others, of a variety of services in the field of entertainment, fashion, information services, fashion design services, lifestyle information services, life coaching services, health, beauty and fitness information, music, sports, news, current affairs reporting and information services, technology information services; on-line retail store services featuring clothing, footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; online retail store services for the bringing together for the benefit of others, of a variety of goods, namely, clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear, enabling customers to conveniently purchase those goods from an Internet website or by means of telecommunications or by means of a global network or by mail order catalogue or from a retail store; advertising and promoting the goods and services of others via a global computer network; promoting the goods and services of others by providing a website featuring coupons, offers, rebates, reward cards, consumer reviews, links to the retail websites of others, online catalogues featuring a wide variety of consumer goods of others, comparison shopping, and discount information; commercial assistance to advertisers relating to creating, managing, and organising online advertising and online product listings; provision of advertising space through computer networks and websites; distribution of advertising material and dissemination of advertising messages; providing a searchable online advertising guide featuring the goods of third party sellers; business information services; electronic shopping retail store services featuring clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; provision of advertising space for sellers and buyers to advertise, market and solicit goods and conclude sales transactions; commercial evaluation and rating of sellers' goods, the value and price of sellers' goods, buyers' and sellers' performance, delivery, and overall experience in connection therewith; customer loyalty services and customer club services for commercial, promotional and advertising purposes; promoting the goods and services of others; auctioning; auctioneering services; assistance, namely, providing online advice, recommendations and suggestions for purchasing goods and services, for others; searching, namely, using online and electronic search tools to collate, aggregate and present data in computer files, for others; demonstration of goods; distribution of samples, namely, samples of the goods of third party sellers; commercial information agency services; assistance, namely, providing a website to assist with the procurement of goods and services, for others; compilation and systemization, namely, the collation, aggregation, structuring and presentation of data into computer databases; online advertising services on the Internet and other global computer network systems; market analysis; marketing research; presentation of goods on communication media, for retail purposes; rental of publicity material; rental of advertising space; renting out of advertising time in communication media; computerised online ordering featuring general consumer merchandise; provision of business information relating to online shopping for fashion goods; promoting the goods and services of others by providing a website featuring product reviews and product information; organisation of fashion shows for commercial purposes; arranging and conducting of exhibitions for business purposes; administration of loyalty programmes involving discounts or incentives; promoting the goods and services of others by means of a loyalty rewards card scheme; Internet services, namely, on-line business directories featuring information, sites and other resources available on a global computer network for others; compilation of business directories, namely, business and commercial directories featuring third party retailers and their goods and services, for publication on computer databases, the Internet or other electronic networks; search engine marketing available on global computer networks for others; organising content, namely, the compilation and aggregation of of information provided over a global computer network according to user preference; data retrieval services, namely, the collection, aggregation and structuring of data; data processing services; data management services for use in debt collection, namely, electronic data collection and on-line claims management; collection of quality metric data for retailers for business purposes; business data analysis; business strategic planning services provided to retailers and other for profit corporations and organisations; economic forecasting, marketing, market research, market analysis and consumer survey services; compilation of statistical information; providing trade information; dissemination of advertising for others via wireless network, telecommunication apparatus or devices or a global computer network; compilation of information into computer databases; compilation of statistics; cost price analysis; price comparison services; providing an on-line commercial information directory on the internet; compilation and systemisation of information into computer databases; electronic commerce services, namely, providing commercial information about products via telecommunication networks for advertising and sales products; publicity and sales promotion relating to goods and services, offered and ordered by telecommunications; promoting the goods and services of others by means of the issuance of loyalty rewards cards and gift cards; advice, consultancy and information services for all the aforesaid services, namely, online advice, consultancy and information provided via a website or other online platform in connection with the promotion and sale of the retail goods of others and the collection, aggregation and structuring of consumer browsing and purchasing data.
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 [ United Kingdom application number UK0000339191 filed 04/12/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003391914 registered 10/11/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-1441212366-100410349 _._LYST-_UK_registration.pdf
Converted PDF file(s) ( 6 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4Foreign Registration-5Foreign Registration-6

Applicant proposes to amend the following:

Current:
Class 036 for Issuing loyalty and gift cards; provision and arranging of payment protection insurance; financial management of customers' accounts; charitable fundraising services; financial services; insurance services; financial transaction processing services; financial transaction processing services, namely, clearing and reconciling financial transactions via a global computer network; bill payment services; advice, consultancy and information services for all the aforesaid services
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[ United Kingdom application number UK0000339191 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Issuing loyalty and gift cards; Financial management of customers' accounts; provision and arranging of payment protection insurance; charitable fundraising services; financial services, namely, in connection with the marketing and sale of third party consumer goods; financial transaction processing services, namely, clearing and reconciling financial transactions via a global computer network; financial services; bill payment services; insurance services; advice, consultancy and information services for all the aforesaid services, namely, in connection with the marketing and sale of third party consumer goods.; financial transaction processing services; advice, consultancy and information services for all the aforesaid servicesClass 036 for Financial management of customers' accounts; charitable fundraising services; financial services, namely, in connection with the marketing and sale of third party consumer goods; financial transaction processing services, namely, clearing and reconciling financial transactions via a global computer network; bill payment services; advice, consultancy and information services for all the aforesaid services, namely, in connection with the marketing and sale of third party consumer goods.
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 [ United Kingdom application number UK0000339191 filed 04/12/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003391914 registered 10/11/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU3-1441212366-100410349 _._LYST-_UK_registration.pdf
Converted PDF file(s) ( 6 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4Foreign Registration-5Foreign Registration-6

Applicant proposes to amend the following:

Current:
Class 038 for Telecommunication services; telecommunications via multinational telecommunication networks; data transmission and reception services via telecommunication means; electronic exchange of voice, data, and graphics accessible via computer and telecommunication networks; electronic transmission of information and data; providing multiple-user access to a global computer information network; operating web-blogs; providing on-line forums, interactive bulletin boards and interactive communication services; providing online bulletin boards for transmission of messages among users in the field of general interest, fashion, health and lifestyle; transmission of information, messages, text, data, multimedia content, videos and images by electronic means; online facilities for hosting, sharing, organising and conducting online meetings, gatherings, forums, chatrooms, journals, blogs and interactive discussions; organising and providing online community forums for users to post, search, watch, share, critique, rate and comment on goods and services; electronic transmission of data and information; provision of online shopping and fashion consultancy portals; electronic mail services; workgroup communications services over computer networks; instant messaging services; voice over ip services; communications by computer terminals; wireless broadband communication services; mobile phone communication services; providing a website that gives computer users the ability to transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works; providing a searchable online evaluation database for buyers and sellers; providing an internet website portal featuring fashion, lifestyles and general entertainment;advice, consultancy and information services for all the aforesaid services
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[ United Kingdom application number UK0000339191 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Telecommunication services; Telecommunication services, namely, providing online facilities for real-time interaction with other computer users concerning topics of interest relating to fashion, lifestyle and beauty and fashion, lifestyle and beauty goods; telecommunications via multinational telecommunication networks; telecommunications, namely, communication with others in relation to fashion, lifestyle and beauty and fashion, lifestyle and beauty goods via multinational telecommunication networks; data transmission and reception services via telecommunication means; electronic exchange of voice, data, and graphics accessible via computer and telecommunication networks; electronic transmission of information and data; providing multiple-user access to a global computer information network; operating web-blogs; operating web-blogs, namely, in the field of fashion, lifestyle and beauty; providing on-line forums, interactive bulletin boards and interactive communication services; providing on-line forums for fashion, health and lifestyle; providing online bulletin boards for transmission of messages among users in the field of general interest, fashion, health and lifestyle; interactive electronic bulletin boards and interactive communication services, namely, messaging services and online forums in the field of fashion, lifestyle and beauty; providing online electronic bulletin boards for transmission of messages among users in the field of general interest, fashion, health and lifestyle; online facilities for hosting, sharing, organising and conducting online meetings, gatherings, forums, chatrooms, journals, blogs and interactive discussions; transmission of information, messages, text, data, multimedia content, videos and images by electronic means; organising and providing online community forums for users to post, search, watch, share, critique, rate and comment on goods and services; providing online facilities for real-time interaction with others for hosting, sharing, organising and conducting online meetings, gatherings, forums, chatrooms, journals, blogs and interactive discussions; providing an on-line community forums for users to post, search, watch, share, critique, rate and comment on goods and services; provision of online shopping and fashion consultancy portals; electronic transmission of data and information; electronic mail services; electronic transmission of e-mail; workgroup communications services over computer networks; instant messaging services; voice over ip services; communications by computer terminals; wireless broadband communication services; providing a website that gives computer users the ability to electronically transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works; mobile phone communication services; providing a searchable online evaluation database featuring consumer goods for buyers and sellers; providing a website that gives computer users the ability to transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works; advice, consultancy and information services for all the aforesaid services in connection with fashion, lifestyle and beauty.; providing a searchable online evaluation database for buyers and sellers; providing an internet website portal featuring fashion, lifestyles and general entertainment; advice, consultancy and information services for all the aforesaid servicesClass 038 for Telecommunication services, namely, providing online facilities for real-time interaction with other computer users concerning topics of interest relating to fashion, lifestyle and beauty and fashion, lifestyle and beauty goods; telecommunications, namely, communication with others in relation to fashion, lifestyle and beauty and fashion, lifestyle and beauty goods via multinational telecommunication networks; data transmission and reception services via telecommunication means; electronic exchange of voice, data, and graphics accessible via computer and telecommunication networks; electronic transmission of information and data; providing multiple-user access to a global computer information network; operating web-blogs, namely, in the field of fashion, lifestyle and beauty; providing on-line forums for fashion, health and lifestyle; interactive electronic bulletin boards and interactive communication services, namely, messaging services and online forums in the field of fashion, lifestyle and beauty; providing online electronic bulletin boards for transmission of messages among users in the field of general interest, fashion, health and lifestyle; transmission of information, messages, text, data, multimedia content, videos and images by electronic means; providing online facilities for real-time interaction with others for hosting, sharing, organising and conducting online meetings, gatherings, forums, chatrooms, journals, blogs and interactive discussions; providing an on-line community forums for users to post, search, watch, share, critique, rate and comment on goods and services; electronic transmission of data and information; electronic transmission of e-mail; instant messaging services; voice over ip services; communications by computer terminals; wireless broadband communication services; providing a website that gives computer users the ability to electronically transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works; providing a searchable online evaluation database featuring consumer goods for buyers and sellers; advice, consultancy and information services for all the aforesaid services in connection with fashion, lifestyle and beauty.
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 [ United Kingdom application number UK0000339191 filed 04/12/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003391914 registered 10/11/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU4-1441212366-100410349 _._LYST-_UK_registration.pdf
Converted PDF file(s) ( 6 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4Foreign Registration-5Foreign Registration-6

Applicant proposes to amend the following:

Current:
Class 042 for Computer consultancy services; hosting of digital content on the Internet; provision of search engines for the Internet; provision of search engines for the Internet focused on fashion and lifestyle; computer services in the nature of customised web pages featuring user defined information, personal profiles, and information; providing on-line non-downloadable software; providing on-line non-downloadable software for use in database management, creating and maintaining websites, blogs and forums; providing on-line non-downloadable software for granting and controlling access to documents and data; providing on-line computer mapping services; mapping services, namely, providing a website and website links to geographic information, map images; providing online non-downloadable software for tracking, managing, and optimising advertising and promotional campaigns, and calculating return on investment in connection with same; providing online non-downloadable software for tracking website traffic, e-commerce activity, customer loyalty, and sales conversion rates; providing online non-downloadable software for optimising website navigation; providing online non-downloadable software for managing, collecting, monitoring and analysing web, blog and other online site traffic, user preferences and links in real time; cloud hosting of electronic databases; application service provider (ASP) featuring software for use in database management; platform as a service (PAAS) featuring computer software platforms for use in database management; software as a service (SAAS) services featuring software for use in database management; computer services, namely, providing database servers of variable capacity to others; technical support services; technical support services, namely, troubleshooting of problems of software; technical support and consulting services related to all of the foregoing; software design and development services for others; design and development of computer hardware and software; electronic storage of digital media; electronic storage of digital media namely, data, documents, text, photographs, images, music, graphics, audio, video, and multimedia content; computer consultation services; advice, consultancy and information services for all the aforesaid services
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[ United Kingdom application number UK0000339191 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Computer consultancy services; Computer technology consultancy in the field of retail and consumer goods; hosting of digital content on the Internet; provision of search engines for the Internet; providing search engines for obtaining data on consumer goods on a global computer network; provision of search engines for the Internet focused on fashion and lifestyle; providing search engines for obtaining data on consumer goods on a global computer network; computer services in the nature of customised web pages featuring user defined information, personal profiles, and information; computer services in the nature of providing customised web pages featuring user defined information; providing on-line non-downloadable software; providing on-line non-downloadable software for collating and aggregating data; providing on-line non-downloadable software for use in database management, creating and maintaining websites, blogs and forums; providing on-line non-downloadable software for granting and controlling access to documents and data; providing on-line computer mapping services; mapping services, namely, providing a website and website links to geographic information, map images; providing online non-downloadable software for tracking, managing, and optimising advertising and promotional campaigns, and calculating return on investment in connection with same; providing online non-downloadable software for tracking website traffic, e-commerce activity, customer loyalty, and sales conversion rates; providing online non-downloadable software for optimising website navigation; providing online non-downloadable software for managing, collecting, monitoring and analysing web, blog and other online site traffic, user preferences and links in real time; cloud hosting of electronic databases; cloud hosting provider services of electronic databases; application service provider (ASP) featuring software for use in database management; platform as a service (PAAS) featuring computer software platforms for use in database management; software as a service (SAAS) services featuring software for use in database management; computer services, namely, providing database servers of variable capacity to others; computer services, namely, providing database servers of variable capacity to third party computing and data storage facilities; technical support services; technical support services, namely, troubleshooting of problems of computer software problems; technical support services, namely, troubleshooting of problems of software; technical support and consulting services related to all of the foregoing, namely, in relation to data analytics; technical support and consulting services related to all of the foregoing; computer software design and development for others; software design and development services for others; design and development of computer hardware and software; electronic storage of digital media namely, data, documents, text, photographs, images, music, graphics, audio, video, and multimedia content; electronic storage of digital media; e-mail authentication services; advice, consultancy and information services for all the aforesaid services, in connection with retail and consumer goods.; computer consultation services; advice, consultancy and information services for all the aforesaid servicesClass 042 for Computer technology consultancy in the field of retail and consumer goods; hosting of digital content on the Internet; providing search engines for obtaining data on consumer goods on a global computer network; providing search engines for obtaining data on consumer goods on a global computer network; computer services in the nature of providing customised web pages featuring user defined information; providing on-line non-downloadable software for collating and aggregating data; providing on-line non-downloadable software for use in database management, creating and maintaining websites, blogs and forums; providing on-line non-downloadable software for granting and controlling access to documents and data; providing on-line computer mapping services; mapping services, namely, providing a website and website links to geographic information, map images; providing online non-downloadable software for tracking, managing, and optimising advertising and promotional campaigns, and calculating return on investment in connection with same; providing online non-downloadable software for tracking website traffic, e-commerce activity, customer loyalty, and sales conversion rates; providing online non-downloadable software for optimising website navigation; providing online non-downloadable software for managing, collecting, monitoring and analysing web, blog and other online site traffic, user preferences and links in real time; cloud hosting provider services of electronic databases; application service provider (ASP) featuring software for use in database management; platform as a service (PAAS) featuring computer software platforms for use in database management; software as a service (SAAS) services featuring software for use in database management; computer services, namely, providing database servers of variable capacity to third party computing and data storage facilities; technical support services, namely, troubleshooting of problems of computer software problems; technical support and consulting services related to all of the foregoing, namely, in relation to data analytics; computer software design and development for others; design and development of computer hardware and software; electronic storage of digital media namely, data, documents, text, photographs, images, music, graphics, audio, video, and multimedia content; e-mail authentication services; advice, consultancy and information services for all the aforesaid services, in connection with retail and consumer goods.
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 [ United Kingdom application number UK0000339191 filed 04/12/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003391914 registered 10/11/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU5-1441212366-100410349 _._LYST-_UK_registration.pdf
Converted PDF file(s) ( 6 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4Foreign Registration-5Foreign Registration-6

Applicant proposes to amend the following:

Current:
Class 045 for Online social networking services; providing information regarding, and in the nature of, social networking services; online social networking services designed for people with a common desire to meet other people with similar interests; providing on-line computer databases and on-line searchable databases in the field of social networking; copyright management; provision of information relating to personal online shopping and personal fashion; consultancy services relating to personal fashion and shopping, provided both online and/or in person; e-mail authentication services; e-mail authentication services namely, providing an online service that allows users to sign on to multiple third party websites using a single user name and password; information relating the trends in fashion and lifestyles; online social networking services; online social networking services accessible by means of downloadable mobile applications; social introduction agencies; personal introduction services; personal concierge services for others; concierge services making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; social networking services; providing information, news, and commentary in the field of fashion, health, well-being and lifestyles; advise, consultation and information services relating to the aforesaid services
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[ United Kingdom application number UK0000339191 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Online social networking services; providing information regarding, and in the nature of, social networking services; providing information in the field of social networking services; online social networking services designed for people with a common desire to meet other people with similar interests; providing on-line computer databases and on-line searchable databases in the field of social networking; copyright management; provision of information relating to personal online shopping and personal fashion; providing information relating to personal online shopping for others and personal fashion consulting services; consultancy services relating to personal fashion and shopping, provided both online and/or in person; consultancy services relating to personal fashion consulting and shopping for others, provided both online and in person; e-mail authentication services; providing fashion information relating the trends in fashion and lifestyles; e-mail authentication services namely, providing an online service that allows users to sign on to multiple third party websites using a single user name and password; online social networking services accessible by means of downloadable mobile applications; information relating the trends in fashion and lifestyles; social introduction agencies; online social networking services; personal introduction services; personal concierge services for others in the field of fashion, lifestyle and beauty; appointments to meet individual needs; concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs rendered together in an online retail environment; personal concierge services for others; providing information, news, and commentary in the field of fashion, well-being and diverse human lifestyles; concierge services making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; providing an internet website portal featuring fashion, lifestyles and beauty; social networking services; advise, consultation and information services relating to the aforesaid services in connection with fashion, beauty, lifestyle and shopping.; providing information, news, and commentary in the field of fashion, health, well-being and lifestyles; advise, consultation and information services relating to the aforesaid servicesClass 045 for Online social networking services; providing information in the field of social networking services; online social networking services designed for people with a common desire to meet other people with similar interests; providing on-line computer databases and on-line searchable databases in the field of social networking; copyright management; providing information relating to personal online shopping for others and personal fashion consulting services; consultancy services relating to personal fashion consulting and shopping for others, provided both online and in person; providing fashion information relating the trends in fashion and lifestyles; online social networking services accessible by means of downloadable mobile applications; social introduction agencies; personal introduction services; personal concierge services for others in the field of fashion, lifestyle and beauty; appointments to meet individual needs; concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs rendered together in an online retail environment; providing information, news, and commentary in the field of fashion, well-being and diverse human lifestyles; providing an internet website portal featuring fashion, lifestyles and beauty; advise, consultation and information services relating to the aforesaid services in connection with fashion, beauty, lifestyle and shopping.
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 [ United Kingdom application number UK0000339191 filed 04/12/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003391914 registered 10/11/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU6-1441212366-100410349 _._LYST-_UK_registration.pdf
Converted PDF file(s) ( 6 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4Foreign Registration-5Foreign Registration-6

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Lyst Ltd a(n) limited company (ltd.), legally organized under the laws of United Kingdom, having an address of

            21 Mincing Lane      Floor 7, The Minster Building
      London, EC3R7AG
      United Kingdom
      +00-
Proposed: Lyst Ltd, limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      21 Mincing Lane
      Floor 7, The Minster Building
      London, EC3R7AG
      United Kingdom
      Email Address: XXXX
      +00-

ADDITIONAL STATEMENTS
Translation
The English translation of LYST in the mark is "to desire".


Miscellaneous Statement
The meaning of LYST in a foreign language is Lust; to desire.

Correspondence Information (current):
      MARK S. LEONARDO
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@brownrudnick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mleonardo@brownrudnick.com

The docket/reference number is 32055/43.
Correspondence Information (proposed):
      Mark S. Leonardo
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@brownrudnick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mleonardo@brownrudnick.com; cftergiotis@brownrudnick.com

The docket/reference number is 32055/43.

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: /Mark S. Leonardo/      Date: 03/25/2020
Signatory's Name: Mark S. Leonardo
Signatory's Position: Attorney of Record, MA bar member
Signatory's Phone Number: 617-856-8145


Response Signature
Signature: /Mark S. Leonardo/     Date: 03/25/2020
Signatory's Name: Mark S. Leonardo
Signatory's Position: Attorney of Record, MA bar member

Signatory's Phone Number: 617-856-8145

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:    MARK S. LEONARDO
   BROWN RUDNICK LLP
   
   ONE FINANCIAL CENTER
   BOSTON, Massachusetts 02111
Mailing Address:    Mark S. Leonardo
   BROWN RUDNICK LLP
   ONE FINANCIAL CENTER
   BOSTON, Massachusetts 02111
        
Serial Number: 88570234
Internet Transmission Date: Wed Mar 25 10:37:46 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020032510374677
4206-88570234-7102424b2f0f1a1590331a9490
d01bc98af07b41f38c67d02e5333dcfbdf811d7-
N/A-N/A-20200325100410349638