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. 88316355 HOT MESS(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88316355/large) has been amended as follows:

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

In your office action, you raised an objection based on the Hot Mess! registration, Registration No. 4743860. Since the applicant is now the owner of that registration, no conflict exists. You also based your Class 25 objection on the application for the Hot Mess to Hot Mama mark, Serial No. 88161811. Since that application was amended to delete the Class 25 goods, no conflict exists. Since there are no Class 25 conflicts, applicant respectfully requests that you approve the application for publication in Class 25. Applicant will file a request to divide this application in the next few days to enable you to do so. With respect to your Class 3 objections, no conflict exists with respect to the Hot Mess application for cosmetics, Serial No. 87483753 because that application has been abandoned. Applicant reserves the right to make any arguments about the Hot Mess Kushmetics mark Serial No. 87926486.

EVIDENCE
Evidence in the nature of An assignment of the Hot Mess! mark, an abandonment notice for the Hot Mess cosmetics mark and an amendment of the Hot Mess to Hot Mama mark deleting Class 25 has been attached.
Original PDF file:
evi_1-2605e0005ac97700a0aabe457dad2522-20191107113828183331_._88161811.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-2605e0005ac97700a0aabe457dad2522-20191107113828183331_._assignment-tm-6647-0082.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_3-2605e0005ac97700a0aabe457dad2522-20191107113828183331_._87483753.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cosmetics, fragrances, makeup, hair shampoo; hair conditioner; hair mousse; hair cream rinse, skin cleansing cream; facial, hand, and body cream, hair lotion, body lotion, and skin lotion and skin moisturizer; scalp conditioner; bubble bath; bath oil; bath powder, nail polish; nail hardener; facial scrub; facial mask; talcum powder; perfume; cologne; aftershave lotion; shaving cream and shaving foam; deodorant soap and skin soap; liquid soap for hands, face, and body; eye shadow, blush, facial concealer, foundation, rouge, face powder, mascara, lip liner, eyeliner; facial cosmetics, namely, cover sticks; make-up primer, eyebrow powder, eyebrow pencils, lip gloss, lip balm and lipstick
Original Filing Basis:
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: Cosmetics, fragrances, makeup, hair shampoo; hair conditioner; hair mousse; hair cream rinse, skin cleansing cream; facial, hand, and body cream, hair lotion, body lotion, and skin lotion and skin moisturizer; scalp conditioner; bubble bath; bath oil; bath powder, nail polish; nail hardener; facial scrub; facial mask; talcum powder; perfume; cologne; aftershave lotion; shaving cream and shaving foam; deodorant soap and skin soap; liquid soap for hands, face, and body; non-medicated liquid soap for hands, face, and body; eye shadow, blush, facial concealer, foundation, rouge, face powder, mascara, lip liner, eyeliner; facial cosmetics, namely, cover sticks; make-up primer, eyebrow powder, eyebrow pencils, lip gloss, lip balm and lipstickClass 003 for Cosmetics, fragrances, makeup, hair shampoo; hair conditioner; hair mousse; hair cream rinse, skin cleansing cream; facial, hand, and body cream, hair lotion, body lotion, and skin lotion and skin moisturizer; scalp conditioner; bubble bath; bath oil; bath powder, nail polish; nail hardener; facial scrub; facial mask; talcum powder; perfume; cologne; aftershave lotion; shaving cream and shaving foam; deodorant soap and skin soap; non-medicated liquid soap for hands, face, and body; eye shadow, blush, facial concealer, foundation, rouge, face powder, mascara, lip liner, eyeliner; facial cosmetics, namely, cover sticks; make-up primer, eyebrow powder, eyebrow pencils, lip gloss, lip balm and lipstick
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 applicant's current attorney information: Kenneth A, Feinswog. Kenneth A, Feinswog, is located at

      SUITE 300
      400 CORPORATE POINTE
      CULVER CTIY, California 90230
      US

The email address is kfeinswog@gmail.com

The applicants proposed attorney information: Kenneth A, Feinswog. Kenneth A, Feinswog, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 300
      400 CORPORATE POINTE
      CULVER CTIY, California 90230
      United States

The email address is kfeinswog@gmail.com

Kenneth A, Feinswog 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.
The applicant's current correspondence information: KENNETH A, FEINSWOG. KENNETH A, FEINSWOG, is located at

      SUITE 300
      400 CORPORATE POINTE
      CULVER CTIY, California 90230
      US

The email address is kfeinswog@gmail.com

The applicants proposed correspondence information: Kenneth A, Feinswog. Kenneth A, Feinswog, is located at

      SUITE 300
      400 CORPORATE POINTE
      CULVER CTIY, California 90230
      United States

The email address is kfeinswog@gmail.com

SIGNATURE(S)
Response Signature
Signature: /kenneth a. feinswog/     Date: 11/07/2019
Signatory's Name: Kenneth Alan Feinswog
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 3108465800

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:    KENNETH A, FEINSWOG
   
   SUITE 300
   400 CORPORATE POINTE
   CULVER CTIY, California 90230
Mailing Address:    Kenneth A, Feinswog
   SUITE 300
   400 CORPORATE POINTE
   CULVER CTIY, California 90230
        
Serial Number: 88316355
Internet Transmission Date: Thu Nov 07 12:09:09 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191107120909603754-88316355-
700658698a8e593e3d4265eccb41282e7230dbdf
15754c905e78e3d8af2d421ee5-N/A-N/A-20191
107113828183331