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 No Form Number (Rev 01/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 No Form Number (Rev 01/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

Response to Intent-to-Use/Divisional (ITU/Divisional) Unit Office Action

To the Commissioner for Trademarks:

The following is submitted for application serial number. 88005482

FORM INFORMATION

Applicant is responding to an Office Action dated June 28, 2019 to clarify the inconsistency in the Request to Divide and Statement of Use submitted on June 7, 2019, and the Extension Request submitted in June 10, 2019.

For International Class 003:
Current identification: Perfuming preparations for the atmosphere, namely, room fragrances and room perfume sprays; air fragrance reed diffusers, potpourri, essential oils for household use, incense, incense cones, incense sticks, incense sachets, incense sprays, room perfume sprays; preparations for perfuming or fragrancing the air

This filing does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified; these goods/services are either being permanently deleted or included in a separately filed Statement of Use with a Request to Divide: Perfuming preparations for the atmosphere, namely room fragrances and room perfume sprays; essential oils for household use, room perfume sprays; preparations for perfuming or fragrancing the air

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class: air fragrance reed diffusers, potpourri, incense, incense cones, incense sticks, incense sachets, incense sprays

For International Class 004:
Current identification: Candles, fragranced or scented candles

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.

For International Class 005:
Current identification: Air freshening preparations, namely, household air deodorants; air purifying preparations; preparations for neutralising odours in carpets, textiles and in the air

This filing does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified; these goods/services are either being permanently deleted or included in a separately filed Statement of Use with a Request to Divide: Air freshening preparations, namely, household air deodorants; air purifying preparations; preparations for neutralising odours in the air

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class: preparations for neutralising odours in carpets, textiles

For International Class 011:
Current identification: Apparatus and instruments, namely, dispensing units and diffusers for room fragrances, room deodorants and odor neutralizing preparations, all for scenting, purifying or freshening the atmosphere

All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.

The applicant has submitted a Request to Divide in paper or is filing a Request to Divide as part of the TEAS Allegation of Use form.

 

SIGNATURE(S)
Declaration Signature
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, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /mark lerner/      Date: 07/11/2019
Signatory's Name: Mark Lerner
Signatory's Position: Attorney of record, New York bar member

Submission Signature
Signature: /mark lerner/     Date: 07/12/2019
Signatory's Name: Mark Lerner
Signatory's Position: Attorney of record, New York bar member

        
Serial Number: 88005482
Internet Transmission Date: Fri Jul 12 14:49:30 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019071214493010
2013-88005482-20190711143359396369-N/A-N
/A-20190711143359396369