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)

---

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. 88573004 DOC HOLLIDAY(Standard Characters, see http://uspto.report/TM/88573004/mark.png) has been amended as follows:

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

REGISTRATION REFUSED – LIKELIHOOD OF CONFUSION

The Office action refuses registration of the applied-for mark for the goods “shampoo” because of a likelihood of confusion with the mark in U.S. Registration No. 4215326 for DOC HOLIDAY’S for “non-medicated pet shampoo.”

The identification of goods in class 003 have been amended to specify “shampoo for humans.” The resulting channels of trade are sufficiently different to avoid likelihood of confusion in the relevant consumers.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for personal care products, personal fragrance, bath, grooming, and body care products, shampoo, conditioner, body wash, soap, pomade, body lotion, body powder, deodorant, body spray, body wash, hair masks, beard oil, shaving cream, shave oil, exfoliating wash, aftershave, cleanser, toner face wash, face moisturizer, lip balm, eye balm, face scrub, anti-aging serum, anti-aging cream, facial oil cologne, hair gel, hair spray, face masks, hair volumizer, sunscreen, acne creams, washes, spot treatments, beard balms, sugar scrubs, sunscreens, before or after sun care products, cologne, lotion, facial cream
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: personal care products, personal fragrance, bath, grooming, and body care products, shampoo, conditioner, body wash, soap, pomade, body lotion, body powder, deodorant, body spray, body wash, hair masks, beard oil, shaving cream, shave oil, exfoliating wash, aftershave, cleanser, toner face wash, face moisturizer, lip balm, eye balm, face scrub, anti-aging serum, anti-aging cream, facial oil cologne, hair gel, hair spray, face masks, hair volumizer, sunscreen, acne creams, washes, spot treatments, beard balms, sugar scrubs, sunscreens, before or after sun care products, cologne, lotion, facial cream; personal care products, personal fragrance, and bath, grooming, and body care products, namely, shampoo for humans, hair conditioner, body wash, skin soap, body lotion, body powder, deodorant for personal use, hair masks, beard hair oil, shaving cream, after-shave oil, exfoliating body wash, aftershave, skin cleanser, skin toner, face wash, face moisturizer, lip balm, nonmedicated eye balm, face scrub, nonmedicated anti-aging serum, anti-aging cream, facial oil cologne, facial face masks, sunscreen preparations, acne creams, washes, spot treatments, nonmedicated beard balms, sugar body scrubs, sunscreens, before or after nonmedicated sun care preparations, cologne, body lotion, hair lotion, hand lotion, and facial creamClass 003 for personal care products, personal fragrance, and bath, grooming, and body care products, namely, shampoo for humans, hair conditioner, body wash, skin soap, body lotion, body powder, deodorant for personal use, hair masks, beard hair oil, shaving cream, after-shave oil, exfoliating body wash, aftershave, skin cleanser, skin toner, face wash, face moisturizer, lip balm, nonmedicated eye balm, face scrub, nonmedicated anti-aging serum, anti-aging cream, facial oil cologne, facial face masks, sunscreen preparations, acne creams, washes, spot treatments, nonmedicated beard balms, sugar body scrubs, sunscreens, before or after nonmedicated sun care preparations, cologne, body lotion, hair lotion, hand lotion, and facial cream
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 005 for personal care products, personal fragrance, and bath, grooming, and body care products, namely, medicated sunscreen, acne treatment preparations in the nature of acne creams, washes, and spot treatments, and before or after medicated sun care preparations
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The individual identified in the mark is in fact deceased; accordingly, the name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /juna q. summerton/      Date: 11/13/2019
Signatory's Name: Juna Q. Summerton
Signatory's Position: Associate Attorney, The Noblitt Group, PLLC, Arizona bar member
Signatory's Phone Number: 480-994-9888


Response Signature
Signature: /juna q. summerton/     Date: 11/13/2019
Signatory's Name: Juna Q. Summerton
Signatory's Position: Associate Attorney, The Noblitt Group, PLLC, Arizona bar member

Signatory's Phone Number: 480-994-9888

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.

        
RAM Sale Number: 88573004
RAM Accounting Date: 11/13/2019
        
Serial Number: 88573004
Internet Transmission Date: Wed Nov 13 17:36:43 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911131736430
58132-88573004-700c6d6d35dbe6aa510fb1be2
2c75fd3b4920cda6921fb8f1387dbb05c76f61b2
-CC-36417053-20191113173045425218