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. 90280738 XPRO(Standard Characters, see http://uspto.report/TM/90280738/mark.png) has been amended as follows:

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

AMENDMENT

Applicant hereby revises its identification of goods more accurately as listed below to avoid any likelihood of confusion with the marks cited by the Examining Attorney.

003
*IDENTIFICATION	Body scrubs; Cuticle oils; Foot scrubs; Lotions for face and body care; Nail cream; Nail gel; Soap for foot perspiration; Soap powder; Cosmetic hand creams; Cosmetic mud masks; Non-medicated foot cream

CONCLUSIONBased on the foregoing, Applicant respectfully requests that the Examiner withdraw the 2(d) refusal. Applicant believes its Application is now in condition for publication, and notice thereof is respectfully requested.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Body scrubs; Cuticle oils; Foot scrubs; Lotions for face and body care; Nail cream; Nail gel; Soap for foot perspiration; Soap powder; Cosmetic hand creams; Cosmetic mud masks; Non-medicated foot cream
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: Body scrubs; Foot scrubs; Cuticle oils; Nail cream; Nail gel; Lotions for face and body care; Soap for foot perspiration; Non-medicated foot cream; Soap powder; Cosmetic hand creams; Cosmetic mud masksClass 003 for Foot scrubs; Nail cream; Nail gel; Soap for foot perspiration; Non-medicated foot cream
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      JISANG KIM, ESQ
      PRIMARY EMAIL FOR CORRESPONDENCE: attorneyjskim@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): legal@jikimlaw.com
Correspondence Information (proposed):
      JISANG KIM, ESQ
      PRIMARY EMAIL FOR CORRESPONDENCE: attorneyjskim@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): legal@jikimlaw.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)
Response Signature
Signature: /JISANG KIM/     Date: 04/05/2021
Signatory's Name: JISANG KIM
Signatory's Position: Attorney of Record, New York Bar member

Signatory's Phone Number: 201-777-0643 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:    JISANG KIM, ESQ
   JIKIM LLC - ATTORNEYS AT LAW
   
   725 RIVER RD, SUITE 109
   EDGEWATER, New Jersey 07020
Mailing Address:    JISANG KIM, ESQ
   JIKIM LLC - ATTORNEYS AT LAW
   725 RIVER RD, SUITE 109
   EDGEWATER, New Jersey 07020
        
Serial Number: 90280738
Internet Transmission Date: Mon Apr 05 11:16:04 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.X.XXX-20210405111604485
303-90280738-7701caa419c313663b9375f9c48
8c6ff06fc95d50fd5ef85eb408c4a1af528d6-N/
A-N/A-20210405105033509861