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. 88791959 CANMAKE(Standard Characters, see http://uspto.report/TM/88791959/mark.png) has been amended as follows:

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

This responds to the Office Action dated March 5, 2020. The only issue raised in the Office Action is a request for Applicant to provide proof of renewal of Japanese Trademark Registration No. 5179140 for the mark CANMAKE in Class 8. Applicant provides herewith a copy of the renewal certificate for Japanese Trademark Registration No. 5179140, together with a Declaration signed by the translator of the renewal certificate. This provides evidence that Japanese Trademark Registration No. 5179140 has been renewed until November 7, 2028. Having answered the only issue raised in the Office Action, Applicant believes that its application is in condition for publication and respectfully requests such action.

EVIDENCE
Evidence has been attached: Japanese Renewal Certificate for Reg. No. 5179140
Original PDF file:
evi_19836189130-202005181 75948258564_._Japanese_TM _Reg._No._5179140_renewal.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 008 for Eyelash curlers
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 5179140 registered 11/07/2008 with a renewal date of 11/06/2018 and an expiration date of 11/07/2028 ], 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.


Proposed:
Class 008 for Eyelash curlers
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 5179140 registered 11/07/2008 with a renewal date of 11/06/2018 and an expiration date of 11/07/2028 ], 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:
FRU0-19836189130-17594825 8_._Japanese_TM_Reg._No._ 5179140_renewal.pdf
Converted PDF file(s) ( 3 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: IDA LABORATORIES CO., LTD., a corporation of Japan, having an address of
      9-2, Asakusabashi 1-chome, Taito-ku
      Tokyo, 111-0053
      Japan

Proposed: IDA LABORATORIES CO., LTD., a corporation of Japan, having an address of
      9-2, Asakusabashi 1-chome, Taito-ku
      Tokyo, 111-0053
      Japan
      Email Address: XXXX
Correspondence Information (current):
      SHEREE L. RYBAK
      PRIMARY EMAIL FOR CORRESPONDENCE: ptotmdocket@klarquist.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 699110410101.
Correspondence Information (proposed):
      Sheree L. Rybak
      PRIMARY EMAIL FOR CORRESPONDENCE: ptotmdocket@klarquist.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sheree.rybak@klarquist.com

The docket/reference number is 699110410101.

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: /Sheree Lynn Rybak/     Date: 05/22/2020
Signatory's Name: Sheree L. Rybak
Signatory's Position: Attorney of Record, Oregon State Bar member

Signatory's Phone Number: 503-595-5300

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:    SHEREE L. RYBAK
   KLARQUIST SPARKMAN, LLP
   121 SW SALMON STREET, SUITE 1600
   ONE WORLD TRADE CENTER
   PORTLAND, Oregon 97204
Mailing Address:    Sheree L. Rybak
   KLARQUIST SPARKMAN, LLP
   121 SW SALMON STREET, SUITE 1600
   ONE WORLD TRADE CENTER
   PORTLAND, Oregon 97204
        
Serial Number: 88791959
Internet Transmission Date: Fri May 22 23:34:39 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202005222334395
14728-88791959-7102a143ec7151545821b4013
d7168440655bbc818d89117fe1d2111847d12da2
ee-N/A-N/A-20200518182415636135