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 1966 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 11/30/2023) |
Voluntary Amendment
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
90368806 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
TOBACOLOR |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (003) (current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Perfumery; make-up; cosmetics |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
204656405 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
France |
FOREIGN FILING DATE |
06/12/2020 |
GOODS AND/OR SERVICES SECTION (003) (proposed) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Perfumery; make-up; cosmetics |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
204656405 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
France |
FOREIGN FILING DATE |
06/12/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
204656405 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
France |
FOREIGN REGISTRATION
DATE |
06/12/2020 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-3810821634-122124085 _._F3825132.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\903\688\90368806\xml2\ PRA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\903\688\90368806\xml2\ PRA0003.JPG |
ORIGINAL PDF FILE |
FRU0-3810821634-122124085 _._F3825146.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\903\688\90368806\xml2\ PRA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\903\688\90368806\xml2\ PRA0005.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (004) (current) |
INTERNATIONAL CLASS |
004 |
DESCRIPTION |
Candles, scented candles |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
204656405 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
France |
FOREIGN FILING DATE |
06/12/2020 |
GOODS AND/OR SERVICES SECTION (004) (proposed) |
INTERNATIONAL CLASS |
004 |
DESCRIPTION |
Candles, scented candles |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
204656405 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
France |
FOREIGN FILING DATE |
06/12/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
204656405 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
France |
FOREIGN REGISTRATION
DATE |
06/12/2020 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-3810821634-122124085 _._F3825132.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\903\688\90368806\xml2\ PRA0006.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\903\688\90368806\xml2\ PRA0007.JPG |
ORIGINAL PDF FILE |
FRU1-3810821634-122124085 _._F3825146.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\903\688\90368806\xml2\ PRA0008.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\903\688\90368806\xml2\ PRA0009.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
CORRESPONDENCE INFORMATION (current) |
NAME |
ALLISON STRICKLAND RICKETTS |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ricketts-docket@fzlz.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
PCDR 2012635 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Allison Strickland Ricketts |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ricketts-docket@fzlz.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
PCDR 2012635 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/ASR based on applicant's signature of original application/ |
SIGNATORY'S NAME |
Allison Strickland Ricketts |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
2128135967 |
DATE SIGNED |
12/21/2020 |
RESPONSE SIGNATURE |
/Allison Strickland Ricketts/ |
SIGNATORY'S NAME |
Allison Strickland Ricketts |
SIGNATORY'S POSITION |
Attorney for Applicant |
SIGNATORY'S PHONE NUMBER |
2128135967 |
DATE SIGNED |
12/21/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Dec 21 15:03:51 ET 2020 |
TEAS STAMP |
USPTO/PRA-XX.XXX.XXX.XX-2
0201221150351372614-90368
806-750b863c6c93a3bf1cbda
f36db70766fd9819879bfac38
5075c08bbd8d43701bc-N/A-N
/A-20201221145036788431 |
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 1966 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 11/30/2023) |
Voluntary Amendment
To the Commissioner for Trademarks:
Application serial no.
90368806 TOBACOLOR(Standard Characters, see http://uspto.report/TM/90368806/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 003 for Perfumery; make-up; cosmetics
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[ France application number 204656405 filed 06/12/2020]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Class 003 for Perfumery; make-up; cosmetics
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 [ France application number 204656405 filed 06/12/2020]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 204656405 registered 06/12/2020
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-3810821634-122124085 _._F3825132.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1Foreign Registration-2
Original PDF file:
FRU0-3810821634-122124085 _._F3825146.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1Foreign Registration-2
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following:
Current:
Class 004 for Candles, scented candles
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[ France application number 204656405 filed 06/12/2020]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Class 004 for Candles, scented candles
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 [ France application number 204656405 filed 06/12/2020]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 204656405 registered 06/12/2020
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-3810821634-122124085 _._F3825132.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1Foreign Registration-2
Original PDF file:
FRU1-3810821634-122124085 _._F3825146.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1Foreign Registration-2
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Correspondence Information (current):
ALLISON STRICKLAND RICKETTS
PRIMARY EMAIL FOR CORRESPONDENCE: ricketts-docket@fzlz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is PCDR 2012635.
Correspondence Information (proposed):
Allison Strickland Ricketts
PRIMARY EMAIL FOR CORRESPONDENCE: ricketts-docket@fzlz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is PCDR 2012635.
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: /ASR based on applicant's signature of original application/ Date: 12/21/2020
Signatory's Name: Allison Strickland Ricketts
Signatory's Position: Attorney of Record
Signatory's Phone Number: 2128135967
Voluntary Amendment Signature
Signature: /Allison Strickland Ricketts/ Date: 12/21/2020
Signatory's Name: Allison Strickland Ricketts
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 2128135967
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: ALLISON STRICKLAND RICKETTS
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
151 WEST 42ND ST., 17TH FL
NEW YORK, New York 10036
Mailing Address: Allison Strickland Ricketts
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
151 WEST 42ND ST., 17TH FL
NEW YORK, New York 10036
Serial Number: 90368806
Internet Transmission Date: Mon Dec 21 15:03:51 ET 2020
TEAS Stamp: USPTO/PRA-XX.XXX.XXX.XX-2020122115035137
2614-90368806-750b863c6c93a3bf1cbdaf36db
70766fd9819879bfac385075c08bbd8d43701bc-
N/A-N/A-20201221145036788431