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. 88763436 MICROPOINT FOR BLEMISHES(Standard Characters, see http://uspto.report/TM/88763436/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Facial sheet mask; Facial beauty mask; Facial wash-off mask, Facial overnight mask; Facial serum; Facial oil, Facial balm; Exfoliating cream; Exfoliating pad containing a glycolic ingredient not for medical purposes; Non-medicated exfoliating preparations for skin; Skin toners; Facial cream; Cosmetic patches for skin care; Non-medicated scar-reducing skin patches; Facial cleansers; Facial exfoliators, Toning lotion for the face; Moisturizing cream; Facial cream or gel with SPF; Beauty serums; Non-medicated skin serums; Acne patch with salicylic acid; Liquid acne patch with salicylic acid; Non-medicated skin 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.


Proposed:

Tracked Text Description: Facial sheet mask; Facial beauty mask; Facial wash-off mask, Facial overnight mask; Facial wash-off mask; Facial serum; Facial overnight mask; Facial oil, Facial balm; Non-medicated facial serum; Facial oil; Non-medicated facial balm; Exfoliating cream; Exfoliating pad containing a glycolic ingredient not for medical purposes; Non-medicated exfoliating preparations for skin; Skin toners; Facial cream; Cosmetic patches for skin care; Facial exfoliators, Toning lotion for the face; Non-medicated scar-reducing skin patches; Facial cleansers; Facial cream or gel with SPF; Non-medicated preparations in the nature of facial exfoliators; Toning lotion for the face; Moisturizing cream; Acne patch with salicylic acid; Non-medicated preparations in the nature of facial cream and gel with SPF; Liquid acne patch with salicylic acid; Beauty serums; Non-medicated skin serums; Acne patch with salicylic acid not for medical purposes; Liquid acne patch with salicylic acid not for medical purposes; Non-medicated skin care preparationsClass 003 for Facial sheet mask; Facial beauty mask; Facial wash-off mask ; Facial overnight mask; Non-medicated facial serum; Facial oil; Non-medicated facial balm; Exfoliating cream; Exfoliating pad containing a glycolic ingredient not for medical purposes; Non-medicated exfoliating preparations for skin; Skin toners; Facial cream; Cosmetic patches for skin care; Non-medicated scar-reducing skin patches; Facial cleansers; Non-medicated preparations in the nature of facial exfoliators; Toning lotion for the face; Moisturizing cream; Non-medicated preparations in the nature of facial cream and gel with SPF; Beauty serums; Non-medicated skin serums; Acne patch with salicylic acid not for medical purposes; Liquid acne patch with salicylic acid not for medical purposes; Non-medicated skin 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.

Applicant proposes to amend the following:

Current:
Class 005 for Skincare products, namely, adhesive skin patches for acne treatment; Hydrocolloid dressings; Hydrocolloid patches; Adhesive bandages; Medicated skin 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.


Proposed:

Tracked Text Description: Skincare products, namely, adhesive skin patches for acne treatment; Medicated skincare products, namely, adhesive skin patches for acne treatment; Hydrocolloid dressings; Hydrocolloid medical dressings; Hydrocolloid patches; Hydrocolloid medical patches; Adhesive bandages; Medicated skin care preparationsClass 005 for Medicated skincare products, namely, adhesive skin patches for acne treatment; Hydrocolloid medical dressings; Hydrocolloid medical patches; Adhesive bandages; Medicated skin 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.

Applicant proposes to amend the following:

Current:
Class 021 for Skin treatment systems; skin care device
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: Skin treatment systems; Skin treatment systems comprising of personal grooming utensils, namely applicator wands, skin masks, sponges, and cloths for applying skincare products; skin care device; Skin care devices in the nature of personal grooming utensils, namely lancets and hand-operated rollers with microneedles.Class 021 for Skin treatment systems comprising of personal grooming utensils, namely applicator wands, skin masks, sponges, and cloths for applying skincare products; Skin care devices in the nature of personal grooming utensils, namely lancets and hand-operated rollers with microneedles.
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Hero Cosmetics, Inc., a corporation of Delaware, having an address of
      154 Grand St.
      New York, New York 10013
      United States

Proposed: Hero Cosmetics, Inc., a corporation of Delaware, having an address of
      154 Grand St.
      New York, New York 10013
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use FOR BLEMISHES apart from the mark as shown.

Correspondence Information (current):
      BRETT A. MANCHEL
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@amintalati.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brett@amintalati.com; amanda@amintalati.com; jennifer.colkitt@amintalati.com

The docket/reference number is HCI-0034-US.
Correspondence Information (proposed):
      Brett A. Manchel
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@amintalati.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brett@amintalati.com; amanda@amintalati.com; jennifer.colkitt@amintalati.com; albert@amintalati.com

The docket/reference number is HCI-0034-US.

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: /Brett A. Manchel/     Date: 04/20/2020
Signatory's Name: Brett A. Manchel
Signatory's Position: Attorney of record, Illinois Bar member

Signatory's Phone Number: 312-784-1066

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:    BRETT A. MANCHEL
   AMIN TALATI WASSERMAN LLP
   
   100 S WACKER STE 2000
   CHICAGO, Illinois 60606
Mailing Address:    Brett A. Manchel
   AMIN TALATI WASSERMAN LLP
   100 S WACKER STE 2000
   CHICAGO, Illinois 60606
        
Serial Number: 88763436
Internet Transmission Date: Mon Apr 20 18:59:57 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020042018595767
0960-88763436-710aec598b998da542b38be22f
2326841af689105a914c4a903e77c43c505b9736
-N/A-N/A-20200420185908836565