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. 88657952 HELLO(Standard Characters, see http://uspto.report/TM/88657952/mark.png) has been amended as follows:

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

Please see actual argument text within the Evidence section.

EVIDENCE
Evidence has been attached: Arguments and Exhibits A-C
Original PDF file:
evi_3810821634-2020080312 5918929872_._HELLO_-_Resp onse_to_Office_Action__F3 627955x96B9E_.pdf
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6
Original PDF file:
evi_3810821634-2020080312 5918929872_._HELLO_-_Exhi bit_A__F3627553x96B9E_.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_3810821634-2020080312 5918929872_._HELLO_-_Exhi bit_B__F3627565x96B9E_.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_3810821634-2020080312 5918929872_._HELLO_-_Exhi bit_C__F3627569x96B9E_.pdf
Converted PDF file(s) ( 8 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Refill containers for toothpaste, solid toothpaste tablets, solid mouthwash tablets, deodorants and antiperspirants
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: Refill containers for toothpaste, solid toothpaste tablets, solid mouthwash tablets, deodorants and antiperspirants; Refill containers sold filled with toothpaste; non-medicated solid toothpaste tablets; non-medicated solid mouthwash tablets; deodorants and antiperspirants for personal useClass 003 for Refill containers sold filled with toothpaste; non-medicated solid toothpaste tablets; non-medicated solid mouthwash tablets; deodorants and antiperspirants for personal use
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The owner's/holder's current attorney information: Tamar Niv Bessinger. Tamar Niv Bessinger of Fross Zelnick Lehrman & Zissu, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      151 West 42nd Street, 17th Floor
      New York, New York 10036
      United States
The docket/reference number is HLLO 1902611.
      The email address is Bessinger-Docket@fzlz.com

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

      151 West 42nd Street, 17th Floor
      New York, New York 10036
      United States
The docket/reference number is HLLO 1902611.
      The email address is Bessinger-Docket@fzlz.com

Tamar Niv Bessinger submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Tamar Niv Bessinger
      PRIMARY EMAIL FOR CORRESPONDENCE: Bessinger-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is HLLO 1902611.
Correspondence Information (proposed):
      Tamar Niv Bessinger
      PRIMARY EMAIL FOR CORRESPONDENCE: Bessinger-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Belagorudsky-Docket@fzlz.com

The docket/reference number is HLLO 1902611.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Julia Belagorudsky/     Date: 08/03/2020
Signatory's Name: Julia Belagorudsky
Signatory's Position: Associate Attorney, Fross Zelnick Lehrman & Zissu, P.C., New York State Bar member

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Tamar Niv Bessinger
   Fross Zelnick Lehrman & Zissu, P.C.
   
   151 West 42nd Street, 17th Floor
   New York, New York 10036
Mailing Address:    Tamar Niv Bessinger
   Fross Zelnick Lehrman & Zissu, P.C.
   151 West 42nd Street, 17th Floor
   New York, New York 10036
        
Serial Number: 88657952
Internet Transmission Date: Mon Aug 03 14:06:32 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020080314063236
6384-88657952-7404891bb5a9845c3805025663
51b7d97eb483f4815cb87d17caf3c295706d4115
-N/A-N/A-20200803134057946177