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. 88593092 DR. TALBOT'S(Standard Characters, see http://uspto.report/TM/88593092/mark.png) has been amended as follows:

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

The application has been refused on the basis (1) that applicant has not provided its domicile address and (2) a requirement to clarify the goods. Applicant responds as follows: Applicant's domicile address is as stated in the application. The Examiner concludes that because applicant's and applicant's attorney's address is the same that applicant is using applicant's attorney's office. The fact is the opposite. Applicant's attorney is an in-house counsel who maintains his office at applicant's headquarters. This basis for the refusal, it is respectfully submitted, should be withdrawn. Applicant proposes to overcome the second basis for refusal by amending the description of goods by deleting the reference to ?Syringes sold filled with liquid medication.? With this amendment to the description of the goods, Applicant submits that the application is now in condition for allowance.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Gels for use as personal lubricant; Gels, creams and solutions for dermatological use; Insect-repellents; Insect repellent agents; Insect repellent incense; Insect repellents; Insect repellents in pre-moistened towelette form; Ovulation test kits; Pregnancy test kits for home use; Syringes sold filled with liquid medication; Aloe vera gel for therapeutic purposes; Anti-inflammatory gels; Antibacterial alcohol skin sanitizer gel; Bracelets impregnated with insect repellent; Medicated diaper rash ointment; Medicated diaper rash ointments and lotions; Pharmaceutical products and preparations against dry skin caused by pregnancy; Pharmaceutical products and preparations for pregnancy blemishes; Pharmaceutical products and preparations for hydrating the skin during pregnancy; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharmaceutical products and preparations to prevent stretch marks; Preparations for repelling animals, birds and insects; Preparations for repelling insects; Preparations to prevent nail-biting and thumb-sucking; Teething gels; Therapeutic spray to sooth and relax the muscles; Wearable insect repelling devices for attachment to clothing sold pre-filled with insect repelling preparations; Wearable insect repelling devices in the nature of bracelets sold pre-filled with insect repelling preparations
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1933 and first used in commerce at least as early as 12/31/1933 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Gels for use as personal lubricant; Gels, creams and solutions for dermatological use; Insect-repellents; Insect repellent agents; Insect repellent incense; Insect repellents; Insect repellents in pre-moistened towelette form; Ovulation test kits; Pregnancy test kits for home use; Syringes sold filled with liquid medication; Aloe vera gel for therapeutic purposes; Anti-inflammatory gels; Antibacterial alcohol skin sanitizer gel; Bracelets impregnated with insect repellent; Medicated diaper rash ointment; Medicated diaper rash ointments and lotions; Pharmaceutical products and preparations against dry skin caused by pregnancy; Pharmaceutical products and preparations for pregnancy blemishes; Pharmaceutical products and preparations for hydrating the skin during pregnancy; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharmaceutical products and preparations to prevent stretch marks; Preparations for repelling animals, birds and insects; Preparations for repelling insects; Preparations to prevent nail-biting and thumb-sucking; Teething gels; Therapeutic spray to sooth and relax the muscles; Wearable insect repelling devices for attachment to clothing sold pre-filled with insect repelling preparations; Wearable insect repelling devices in the nature of bracelets sold pre-filled with insect repelling preparationsClass 005 for Gels for use as personal lubricant; Gels, creams and solutions for dermatological use; Insect-repellents; Insect repellent agents; Insect repellent incense; Insect repellents; Insect repellents in pre-moistened towelette form; Ovulation test kits; Pregnancy test kits for home use; Aloe vera gel for therapeutic purposes; Anti-inflammatory gels; Antibacterial alcohol skin sanitizer gel; Bracelets impregnated with insect repellent; Medicated diaper rash ointment; Medicated diaper rash ointments and lotions; Pharmaceutical products and preparations against dry skin caused by pregnancy; Pharmaceutical products and preparations for pregnancy blemishes; Pharmaceutical products and preparations for hydrating the skin during pregnancy; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharmaceutical products and preparations to prevent stretch marks; Preparations for repelling animals, birds and insects; Preparations for repelling insects; Preparations to prevent nail-biting and thumb-sucking; Teething gels; Therapeutic spray to sooth and relax the muscles; Wearable insect repelling devices for attachment to clothing sold pre-filled with insect repelling preparations; Wearable insect repelling devices in the nature of bracelets sold pre-filled with insect repelling preparations
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1933 and first used in commerce at least as early as 12/31/1933 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Robert M. Chiaviello, Jr./     Date: 12/11/2019
Signatory's Name: Robert M. Chiaviello, Jr.
Signatory's Position: Attorney

Signatory's Phone Number: 3184104012

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.

        
Serial Number: 88593092
Internet Transmission Date: Wed Dec 11 10:55:37 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019121110553721
8105-88593092-700e740a666d6742644ec42de1
83489a74ec17cd598b3853658f87be9c1728ba-N
/A-N/A-20191211104113693520