Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90000260 QUEENLY FOR NATURAL HAIR CARE A JUST KEY PRODUCTIONS PRODUCT (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9000026 0/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: QUEENLY FOR NATURAL HAIR CARE A JUST KEY PRODUCTIONS PRODUCT (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9000026 0/large)
Proposed: QUEENLY FOR NATURAL HAIR CARE A JUST KEY PRODUCTIONS PRODUCT (Stylized and/or with Design, see mark)
The color(s) white, black, light purple, dark purple, and gold is/are claimed as a feature of the mark.
The mark consists of The wording "QUEENLY FOR NATURAL HAIR CARE. A JUST KEY PRODUCTIONS PRODUCT" the wording "QUEENLY" written in a white stylized font with the wording "FOR NATURAL HAIR CARE" immediately below in the same but smaller white font. A black silhouette of a woman outlined in light purple and wearing a gold crown separates the "E"s in "QUEENLY" and the terms "NATURAL" and "HAIR". There is a shining gold light in between the woman's legs, and she is standing on an ornate gold scroll-like design. Above the silhouette is a larger gold scroll-like design. At the bottom is the wording "A JUST KEY PRODUCTIONS PRODUCT" in white. All of the foregoing is contained in a dark purple circle with a light purple ornate scroll-like pattern superimposed on top.

EVIDENCE
Evidence has been attached: This evidence consists of the Original applied for mark, Queenly logo without the TM symbol. Ive also attatched the email that shows the date accessed which is September of 2015 when the mark was first drafted and confirmed by designer Tiffany Gipson and myself, Keyonte Stirgus.
JPG file(s):Evidence-1
Original PDF file:
evi_260380806f0048d05556f 8ca66f5ddfc-2021032321080 3068726_._Original_Queenl y_Logo_FINAL_FILE.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Hair care creams; Hair care lotions; Hair creams; Hair detangler preparations; Hair gel and hair mousse; Hair nourishers; Hair oils; Hair sheen spray; Hair sprays and hair gels; Hair styling fixative in the nature of hair wax; Hair styling gel; Hair care preparations; Non-medicated balm for hair; Non-medicated preparations all for the care of skin, hair and scalp; Non-medicated hair care preparations
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/01/2015 and first used in commerce at least as early as 01/01/2016 , and is now in use in such commerce.


Proposed:
Class 003 for Hair care creams; Hair care lotions; Hair creams; Hair detangler preparations; Hair gel and hair mousse; Hair nourishers; Hair oils; Hair sheen spray; Hair sprays and hair gels; Hair styling fixative in the nature of hair wax; Hair styling gel; Hair care preparations; Non-medicated balm for hair; Non-medicated preparations all for the care of skin, hair and scalp; Non-medicated hair care preparations
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/30/2015 and first used in commerce at least as early as 04/03/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003. The specimen(s) submitted consists of Included is pictures of the applied for mark used in commerce, labeled on products and website link attached with accessed date. Description of the applied for mark is: The mark consists of the wording ?QUEENLY FOR NATURAL HAIR CARE. A JUST KEY PRODUCTIONS PRODUCT? the wording ?QUEENLY? written in a white stylized font with the wording ?FOR NATURAL HAIR CARE? immediately below in the same but smaller white font. A black silhouette of a woman outlined in light purple and wearing a gold crown separates the ?E?s in ?QUEENLY? and the terms ?NATURAL? and ?HAIR?. There is a shining gold light in between the woman?s legs, and she is standing on an ornate gold scroll-like design. Above the silhouette is a larger gold scroll-like design. At the bottom is the wording ?A JUST KEY PRODUCTIONS PRODUCT? in white. All of the foregoing is contained in a dark purple circle with a light purple ornate scroll-like pattern superimposed on top. This product is a product "of" Just Key Productions..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Specimen File2
Specimen File3
Specimen File4


Webpage URL: http://justkeyproductions.com/product-category/hair-care/
Webpage Date of Access: 04/03/2016

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "NATURAL HAIR CARE" and "PRODUCTION PRODUCT" apart from the mark as shown.


Miscellaneous Statement
The products that wears the applied for mark is a "product of" Just Key Productions therefore I , the owner is also disclaiming the wording "Production Product" apart from the mark as shown.

Correspondence Information (current):
      KEYONTE STIRGUS
      PRIMARY EMAIL FOR CORRESPONDENCE: Info@justkeyproductions.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): januari@oxijaninc.com
Correspondence Information (proposed):
      Keyonte Stirgus
      PRIMARY EMAIL FOR CORRESPONDENCE: Info@justkeyproductions.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): keyontestirgus@gmail.com; nnwt@justkeyproductions.com

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)
Declaration Signature

DECLARATION: 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 or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /tiffany gipson/      Date: 03/23/2021
Signatory's Name: Tiffany Gipson
Signatory's Position: General Partner
Signatory's Phone Number: 4692333812

Signature method: Signed directly within the form

Response Signature
Signature: /keyonte stirgus/     Date: 03/23/2021
Signatory's Name: keyonte stirgus
Signatory's Position: Owner

Signatory's Phone Number: 2147449658 Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    KEYONTE STIRGUS
   
   
   1425 N. DALLAS. AVE #105
   LANCASTER, Texas 75134
Mailing Address:    Keyonte Stirgus
   1425 N. Dallas. Ave #105
   Lancaster, Texas 75134
        
Serial Number: 90000260
Internet Transmission Date: Tue Mar 23 22:20:22 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210323222022413395-90000260-
7707ba56bebcdd65c32e91696d457cbf0a615f4a
976443f7d92695f715087fa21-N/A-N/A-202103
23210803068726