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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88254092 |
LAW OFFICE ASSIGNED |
LAW OFFICE 118 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/88254092/large |
LITERAL ELEMENT |
BH |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized letters "bh" in a circle design. |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Cosmetic cleaner, complete set of cosmetics, cleansing lotions, cleaning preparation; Beauty creams; Blush; Body creams; Body powder;
Cheek colors; Cleaner for cosmetic brushes; Concealers for skin and face; Cosmetic facial blotting papers; Cosmetic preparations for body care; Cosmetics; Essential oils; Eye liner; Eye make-up; Eye
pencils; Eye shadow; Face creams; Face powder; Facial concealer; Foundations; Lip gloss; Lip stains; Lotions for face and body care; Make-up; Make-up foundations; Make-up kits comprised of
eyeshadows, blush, lipstick, lip gloss, and mineral make-up; Make-up pencils; Make-up powder; Make-up preparations; Make-up primer; Mascara; Non-medicated toiletries; Pre-moistened cosmetic wipes;
Pressed face powder; Skin bronzer; Compacts containing make-up |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
China |
FOREIGN FILING DATE |
12/27/2018 |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Cosmetic cleaner, complete set of cosmetics, cleansing lotions, cleaning preparation; Cosmetic cleaner, namely, wipes impregnated with a kin cleanser, complete set of cosmetics, namely, cosmetic kits containing cheek colors, lip gloss, make-up, and eye shadow, skin
cleansing lotions, cleaning preparation; Beauty creams; Blush; Body creams; Body
powder; Cheek colors; Cleaner for cosmetic brushes; Concealers for skin and face; Cosmetic
facial blotting papers; Cosmetic preparations for body care; Cosmetics; Essential oils; Eye
liner; Eye make-up; Eye pencils; Eye shadow; Face creams; Face
powder; Facial concealer; Foundations; Lip gloss; Lip stains; Lotions for face and body care; Make-up; Make-up foundations; Make-up kits comprised of eyeshadows, blush,
lipstick, lip gloss, and mineral make-up; Make-up pencils; Make-up powder; Make-up preparations; Make-up primer; Mascara; Non-medicated toiletries; Non-medicated toiletry
preparations; pre-moistened cosmetic wipes; Pressed face powder; Skin bronzer; Compacts
containing make-up |
FINAL DESCRIPTION |
Cosmetic cleaner, namely, wipes impregnated with a kin cleanser, complete set of cosmetics, namely, cosmetic kits containing cheek
colors, lip gloss, make-up, and eye shadow, skin cleansing lotions, cleaning preparation; Beauty creams; Blush; Body creams; Body powder; Cheek colors; Cleaner for cosmetic brushes; Concealers for
skin and face; Cosmetic facial blotting papers; Cosmetic preparations for body care; Cosmetics; Essential oils; Eye liner; Eye make-up; Eye pencils; Eye shadow; Face creams; Face powder; Facial
concealer; Foundations; Lip gloss; Lip stains; Lotions for face and body care; Make-up; Make-up foundations; Make-up kits comprised of eyeshadows, blush, lipstick, lip gloss, and mineral make-up;
Make-up pencils; Make-up powder; Make-up preparations; Make-up primer; Mascara; Non-medicated toiletry preparations; pre-moistened cosmetic wipes; Pressed face powder; Skin bronzer; Compacts
containing make-up |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
35604360 |
FOREIGN APPLICATION COUNTRY |
China |
FOREIGN FILING DATE |
12/27/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the
basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration. |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
wallet; suitcase; umbrella; travel bag; sports bag; Cosmetic bags sold empty; Cosmetic cases sold empty; Make-up bags sold empty;
Pouches for holding make-up, keys and other personal items |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
China |
FOREIGN FILING DATE |
12/27/2018 |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
wallet; suitcase; umbrella; travel
bag; sports bag; cosmetic bags sold empty; cosmetic cases sold empty; make-up bags sold
empty; pouches for holding make-up, keys and other personal items; special cosmetic bag sold empty |
FINAL DESCRIPTION |
wallet; suitcase; umbrella; travel bag; sports bag; cosmetic bags sold empty; cosmetic cases sold empty; make-up bags sold empty;
pouches for holding make-up, keys and other personal items; special cosmetic bag sold empty |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
35595361 |
FOREIGN APPLICATION COUNTRY |
China |
FOREIGN FILING DATE |
12/27/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the
basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration. |
GOODS AND/OR SERVICES SECTION (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
cosmetic toiletries; special cosmetic bag; eyelash brush; nail brush; clean cloth; crystal (glass products); glass bottle (container);
Combs; Cosmetic brushes; Facial sponges for applying make-up; Make-up brushes; Hair brushes |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
China |
FOREIGN FILING DATE |
12/27/2018 |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
cosmetic toiletries; cosmetic toiletries, namely, toiletry
sponges; special cosmetic bag; eyelash brush; nail brush; cleaning
cloth; clean cloth; combs; crystal (glass products); cosmetic
brushes; glass bottle (container); facial sponges for applying make-up; make-up brushes;
hair brushes |
FINAL DESCRIPTION |
cosmetic toiletries, namely, toiletry sponges; eyelash brush; nail brush; cleaning cloth; combs; cosmetic brushes; facial sponges for
applying make-up; make-up brushes; hair brushes |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
35589255 |
FOREIGN APPLICATION COUNTRY |
China |
FOREIGN FILING DATE |
12/27/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the
basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration. |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
online advertising on computer networks; display of goods on communications media for retail purposes; provide online marketplaces for
buyers and sellers of goods and services; Distributorships in the field of cosmetics; On-line retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts
containing make-up, cosmetic preparations for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up,
make-up for the face and body, make-up brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up
powder, make-up preparations, non-medicated toiletries; Retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts containing make-up, cosmetic
preparations for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up, make-up for the face and
body, make-up brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up powder, make-up
preparations, non-medicated toiletries |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
China |
FOREIGN FILING DATE |
12/27/2018 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
online advertising on computer networks; (Based on priority and
intent-to-use) Provide online marketplaces for buyers and sellers of goods and services; display of goods on communications media for retail purposes;
(Based on intent-to-use) Distributorships in the field of cosmetics; provide online marketplaces for buyers and sellers of
goods and services; On-line retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts containing make-up, cosmetic preparations
for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up, make-up for the face and body, make-up
brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up powder, make-up preparations,
non-medicated toiletries; Distributorships in the field of cosmetics; Retail store services featuring cosmetics and toiletries,
perfumes, body creams, body powder, compacts containing make-up, cosmetic preparations for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face
and body care, make up foundations, make-up, make-up for the face and body, make-up brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows,
blush, lipstick, lip gloss, and make-up, make-up powder, make-up preparations, non-medicated toiletries |
FINAL DESCRIPTION |
(Based on priority and intent-to-use) Provide online marketplaces for buyers and sellers of goods and services; (Based on
intent-to-use) Distributorships in the field of cosmetics; On-line retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts containing make-up, cosmetic
preparations for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up, make-up for the face and
body, make-up brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up powder, make-up
preparations, non-medicated toiletries; Retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts containing make-up, cosmetic preparations for body care,
essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up, make-up for the face and body, make-up brushes, make-up
boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up powder, make-up preparations, non-medicated
toiletries |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
35607467 |
FOREIGN APPLICATION COUNTRY |
China |
FOREIGN FILING DATE |
12/27/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the
basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration. |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized letters "bh" and design. The letters "bh" appears within an incomplete circle that is formed by an extension
of the right stem of the letter "h". |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/ja/ |
SIGNATORY'S NAME |
Jill Anderfuren |
SIGNATORY'S POSITION |
Attorney of record, Illinois bar member |
SIGNATORY'S PHONE NUMBER |
3123451718 |
DATE SIGNED |
04/24/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Apr 24 18:04:58 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0190424180458735045-88254
092-62025f26cba46dbefff1b
cf3edb13293da833c2c1b82c3
eec9bfc4e571e5541b42-N/A-
N/A-20190424140120606402 |
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.
88254092 BH (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88254092/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cosmetic cleaner, complete set of cosmetics, cleansing lotions, cleaning preparation; Beauty creams; Blush; Body creams; Body powder; Cheek colors; Cleaner for cosmetic
brushes; Concealers for skin and face; Cosmetic facial blotting papers; Cosmetic preparations for body care; Cosmetics; Essential oils; Eye liner; Eye make-up; Eye pencils; Eye shadow; Face creams;
Face powder; Facial concealer; Foundations; Lip gloss; Lip stains; Lotions for face and body care; Make-up; Make-up foundations; Make-up kits comprised of eyeshadows, blush, lipstick, lip gloss, and
mineral make-up; Make-up pencils; Make-up powder; Make-up preparations; Make-up primer; Mascara; Non-medicated toiletries; Pre-moistened cosmetic wipes; Pressed face powder; Skin bronzer; Compacts
containing make-up
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ China application number __________ filed 12/27/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Cosmetic cleaner, complete set of cosmetics, cleansing lotions, cleaning preparation;
Cosmetic
cleaner, namely, wipes impregnated with a kin cleanser, complete set of cosmetics, namely, cosmetic kits containing cheek colors, lip gloss, make-up, and eye shadow, skin cleansing lotions, cleaning
preparation;
Beauty creams;
Blush;
Body creams;
Body powder;
Cheek colors;
Cleaner for cosmetic brushes;
Concealers for skin and face;
Cosmetic facial blotting
papers;
Cosmetic preparations for body care;
Cosmetics;
Essential oils;
Eye liner;
Eye make-up;
Eye pencils;
Eye shadow;
Face creams;
Face powder;
Facial concealer;
Foundations;
Lip gloss;
Lip stains;
Lotions for face
and body care;
Make-up;
Make-up foundations;
Make-up kits comprised of eyeshadows, blush, lipstick, lip gloss, and
mineral make-up;
Make-up pencils;
Make-up powder;
Make-up preparations;
Make-up
primer;
Mascara;
Non-medicated toiletries;
Non-medicated toiletry preparations;
pre-moistened cosmetic wipes;
Pressed face powder;
Skin bronzer;
Compacts containing
make-upClass 003 for Cosmetic cleaner, namely, wipes impregnated with a kin cleanser, complete set of cosmetics, namely, cosmetic kits containing cheek colors, lip gloss, make-up, and eye
shadow, skin cleansing lotions, cleaning preparation; Beauty creams; Blush; Body creams; Body powder; Cheek colors; Cleaner for cosmetic brushes; Concealers for skin and face; Cosmetic facial
blotting papers; Cosmetic preparations for body care; Cosmetics; Essential oils; Eye liner; Eye make-up; Eye pencils; Eye shadow; Face creams; Face powder; Facial concealer; Foundations; Lip gloss;
Lip stains; Lotions for face and body care; Make-up; Make-up foundations; Make-up kits comprised of eyeshadows, blush, lipstick, lip gloss, and mineral make-up; Make-up pencils; Make-up powder;
Make-up preparations; Make-up primer; Mascara; Non-medicated toiletry preparations; pre-moistened cosmetic wipes; Pressed face powder; Skin bronzer; Compacts containing make-up
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ China application number 35604360 filed 12/27/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for wallet; suitcase; umbrella; travel bag; sports bag; Cosmetic bags sold empty; Cosmetic cases sold empty; Make-up bags sold empty; Pouches for holding make-up, keys and
other personal items
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ China application number __________ filed 12/27/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: wallet;
suitcase;
umbrella;
travel bag;
sports bag;
cosmetic bags sold empty;
cosmetic cases sold empty;
make-up bags sold empty;
pouches for holding make-up, keys and other personal items;
special cosmetic bag sold emptyClass 018 for wallet; suitcase; umbrella; travel bag;
sports bag; cosmetic bags sold empty; cosmetic cases sold empty; make-up bags sold empty; pouches for holding make-up, keys and other personal items; special cosmetic bag sold empty
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ China application number 35595361 filed 12/27/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for cosmetic toiletries; special cosmetic bag; eyelash brush; nail brush; clean cloth; crystal (glass products); glass bottle (container); Combs; Cosmetic brushes; Facial
sponges for applying make-up; Make-up brushes; Hair brushes
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ China application number __________ filed 12/27/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: cosmetic toiletries;
cosmetic toiletries, namely, toiletry sponges;
special cosmetic bag;
eyelash brush;
nail brush;
cleaning cloth;
clean cloth;
combs;
crystal (glass products);
cosmetic brushes;
glass bottle (container);
facial sponges for applying make-up;
make-up brushes;
hair brushesClass 021
for cosmetic toiletries, namely, toiletry sponges; eyelash brush; nail brush; cleaning cloth; combs; cosmetic brushes; facial sponges for applying make-up; make-up brushes; hair brushes
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ China application number 35589255 filed 12/27/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for online advertising on computer networks; display of goods on communications media for retail purposes; provide online marketplaces for buyers and sellers of goods and
services; Distributorships in the field of cosmetics; On-line retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts containing make-up, cosmetic
preparations for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up, make-up for the face and
body, make-up brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up powder, make-up
preparations, non-medicated toiletries; Retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts containing make-up, cosmetic preparations for body care,
essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up, make-up for the face and body, make-up brushes, make-up
boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up powder, make-up preparations, non-medicated
toiletries
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ China application number __________ filed 12/27/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: online advertising on computer networks;
(Based on priority and intent-to-use) Provide online
marketplaces for buyers and sellers of goods and services;
display of goods on communications media for retail purposes;
(Based on intent-to-use) Distributorships in the field of cosmetics;
provide online marketplaces for buyers and sellers of goods and services;
On-line retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts containing make-up, cosmetic preparations for body care, essential
oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up, make-up for the face and body, make-up brushes, make-up boxes and
organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up powder, make-up preparations, non-medicated toiletries;
Distributorships in the field of cosmetics;
Retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder,
compacts containing make-up, cosmetic preparations for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations,
make-up, make-up for the face and body, make-up brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and
make-up, make-up powder, make-up preparations, non-medicated toiletriesClass 035 for (Based on priority and intent-to-use) Provide online marketplaces for buyers and sellers of goods and
services; (Based on intent-to-use) Distributorships in the field of cosmetics; On-line retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts
containing make-up, cosmetic preparations for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up,
make-up for the face and body, make-up brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up
powder, make-up preparations, non-medicated toiletries; Retail store services featuring cosmetics and toiletries, perfumes, body creams, body powder, compacts containing make-up, cosmetic
preparations for body care, essential oils, face creams, face powder, foundation make-up, liquid foundation, lotions for face and body care, make up foundations, make-up, make-up for the face and
body, make-up brushes, make-up boxes and organizers, make-up and clothing accessories, make-up kits comprised of eye shadows, blush, lipstick, lip gloss, and make-up, make-up powder, make-up
preparations, non-medicated toiletries
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ China application number 35607467 filed 12/27/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized letters "bh" and design. The letters "bh" appears within an incomplete circle that is formed by an extension of the right stem of the letter "h".
SIGNATURE(S)
Response Signature
Signature: /ja/ Date: 04/24/2019
Signatory's Name: Jill Anderfuren
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 3123451718
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88254092
Internet Transmission Date: Wed Apr 24 18:04:58 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019042418045873
5045-88254092-62025f26cba46dbefff1bcf3ed
b13293da833c2c1b82c3eec9bfc4e571e5541b42
-N/A-N/A-20190424140120606402