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. 90002079 LYS BEAUTY(Standard Characters, see http://uspto.report/TM/90002079/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Cosmetics; cosmetic preparations; non-medicated toiletry preparations; non-medicated skincare preparations; non-medicated skincare treatments, namely, skin resurfacing treatments, skin refinishing treatments, facial scrubs, facial masks, anti-aging and anti-wrinkle treatments, and acne treatments
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; cosmetic preparations; non-medicated toiletry preparations; non-medicated skincare preparations; non-medicated skincare treatments, namely, skin resurfacing treatments, skin refinishing treatments, facial scrubs, facial masks, anti-aging and anti-wrinkle treatments, and acne treatments; non-medicated skincare treatments, namely, skin resurfacing treatments, skin refinishing treatments, facial scrubs, cosmetic facial masks, cosmetics anti-aging and anti-wrinkle treatments in the nature of creams, moisturizers, toners, and serums, and facial cleaning preparations in the nature of salicylic acne cleansers not for medical purposesClass 003 for Cosmetics; cosmetic preparations; non-medicated toiletry preparations; non-medicated skincare preparations; non-medicated skincare treatments, namely, skin resurfacing treatments, skin refinishing treatments, facial scrubs, cosmetic facial masks, cosmetics anti-aging and anti-wrinkle treatments in the nature of creams, moisturizers, toners, and serums, and facial cleaning preparations in the nature of salicylic acne cleansers not for medical purposes
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BEAUTY apart from the mark as shown.


Translation
The English translation of LYS in the mark is lily.

Correspondence Information (current):
      W. SCOTT CREASMAN
      PRIMARY EMAIL FOR CORRESPONDENCE: screasman@taylorenglish.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rbowie@taylorenglish.com; trademarkdocketing@taylorenglish.com

The docket/reference number is 70662-3020.
Correspondence Information (proposed):
      W. Scott Creasman
      PRIMARY EMAIL FOR CORRESPONDENCE: screasman@taylorenglish.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rbowie@taylorenglish.com; trademarkdocketing@taylorenglish.com

The docket/reference number is 70662-3020.

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: /wsc/     Date: 01/26/2021
Signatory's Name: W. Scott Creasman
Signatory's Position: Attorney of record, GA Bar Member

Signatory's Phone Number: 7704346868 Signature method: Signed directly within the form

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:    W. SCOTT CREASMAN
   TAYLOR ENGLISH DUMA LLP
   
   1600 PARKWOOD CIRCLE, SUITE 200
   ATLANTA, Georgia 30339
Mailing Address:    W. Scott Creasman
   TAYLOR ENGLISH DUMA LLP
   1600 PARKWOOD CIRCLE, SUITE 200
   ATLANTA, Georgia 30339
        
Serial Number: 90002079
Internet Transmission Date: Tue Jan 26 19:29:45 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2021012619294529
1311-90002079-760a01d3f9c356d51c5a835649
d9babfcf56afd0e9d8f262a452f71446fc5b8c-N
/A-N/A-20210126192646586260