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

---

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. 90571927 QUEEN OF CHRISTMAS(Standard Characters, see http://uspto.report/TM/90571927/mark.png) has been amended as follows:

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

Please see Applicant's Remarks attached to the Evidence Section.

EVIDENCE
Evidence has been attached: QUEEN OF CHRISTMAS Response to Office Action; Submitted Specimen for U.S. Reg. No. 5698236; BILLBOARD Article; TSDR Printout of U.S. Reg. No. 2024932 of MARIAH CAREY
Original PDF file:
evi_3810821634-2022040712 2229037162_._UEEN_OF_CHRI STMAS_Response_to_Office_ Action__F4566214x96B9E_.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_3810821634-2022040712 2229037162_._ubmitted_Spe cimen_for_U.S._Reg._No._5 698236__F4556172x96B9E_.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_3810821634-2022040712 2229037162_._Evidence_-_B illboard_Article__F455618 9x96B9E_.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_3810821634-2022040712 2229037162_._out_-_U.S._R eg._No._2024932_of_MARIAH _CAREY__F4561661x96B9E_.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Fragrances for personal use, fragranced products, namely, perfume, eau de parfum; scented products, namely, body lotions; cosmetics; non-medicated skin care preparations; skin care preparations; make-up; spa items including massage oils, aromatherapy products, lotions, creams; hair care preparations; nail polish
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Fragrances for personal use, fragranced products, namely, perfume, eau de parfum; scented products, namely, body lotions; cosmetics; non-medicated skin care preparations; skin care preparations; make-up; spa items, namely, massage oils, aromatherapy products in the nature of aromatherapy sprays comprised of essential oils, lotions for cosmetic purposes, body creams; spa items including massage oils, aromatherapy products, lotions, creams; hair care preparations; nail polishClass 003 for Fragrances for personal use, fragranced products, namely, perfume, eau de parfum; scented products, namely, body lotions; cosmetics; non-medicated skin care preparations; make-up; spa items, namely, massage oils, aromatherapy products in the nature of aromatherapy sprays comprised of essential oils, lotions for cosmetic purposes, body creams; hair care preparations; nail polish
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 009 for Musical sound recordings; downloadable musical sound recordings; audiovisual recordings featuring musical entertainment; downloadable audiovisual recordings featuring musical entertainment; motion pictures featuring music, family, holiday and variety entertainment; prerecorded phonograph albums featuring singing and music; compact discs, all featuring music; a series of musical sound recordings; a series of musical video recordings; a series of audio visual recordings featuring musical and musical based entertainment, a series of downloadable musical sound recordings, a series of downloadable musical video recordings, a series of downloadable audio visual recordings featuring music and musical based entertainment, and a series of downloadable ring tones for mobile phones; eyewear, sunglasses, cases for eyeglasses and sunglasses; protective masks; protective face masks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Musical sound recordings; downloadable musical sound recordings; audiovisual recordings featuring musical entertainment; downloadable audiovisual recordings featuring musical entertainment; motion pictures featuring music, family, holiday and variety entertainment; motion picture films featuring music, family, holiday and variety entertainment; prerecorded phonograph albums featuring singing and music; compact discs, all featuring music; a series of musical sound recordings; a series of musical video recordings; a series of audio visual recordings featuring musical and musical based entertainment, a series of downloadable musical sound recordings, a series of downloadable musical video recordings, a series of downloadable audio visual recordings featuring music and musical based entertainment, and a series of downloadable ring tones for mobile phones; eyewear, sunglasses, cases for eyeglasses and sunglasses; protective masks; protective face masksClass 009 for Musical sound recordings; downloadable musical sound recordings; audiovisual recordings featuring musical entertainment; downloadable audiovisual recordings featuring musical entertainment; motion picture films featuring music, family, holiday and variety entertainment; prerecorded phonograph albums featuring singing and music; compact discs, all featuring music; a series of musical sound recordings; a series of musical video recordings; a series of audio visual recordings featuring musical and musical based entertainment, a series of downloadable musical sound recordings, a series of downloadable musical video recordings, a series of downloadable audio visual recordings featuring music and musical based entertainment, and a series of downloadable ring tones for mobile phones; eyewear, sunglasses, cases for eyeglasses and sunglasses
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 010 for Face covers being sanitary masks for protection against viral infection; sanitary masks for medical purposes; sanitary masks for medical wellness purposes; sanitary masks for virus isolation purposes
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Face covers being sanitary masks for protection against viral infection; Protective masks, namely, sanitary masks for protection against viral infection; sanitary masks for medical purposes; protective face masks, namely, fashion face masks being sanitary masks for protection against viral infection; sanitary masks for medical wellness purposes; sanitary masks for virus isolation purposesClass 010 for Protective masks, namely, sanitary masks for protection against viral infection; protective face masks, namely, fashion face masks being sanitary masks for protection against viral infection
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 016 for Printed materials including books; posters
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Printed materials including books; Printed materials, namely, books featuring photographs, information and stories on Christmas, children's stories; posters; printed postersClass 016 for Printed materials, namely, books featuring photographs, information and stories on Christmas, children's stories; printed posters
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 018 for Carrying cases including backpacks; dog clothing and accessories; dog collars, dog leashes
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Carrying cases including backpacks; Carrying cases; dog clothing and accessories; backpacks; dog collars, dog leashes; dog clothing; dog clothing accessories, namely, dog collars and dog leashesClass 018 for Carrying cases; backpacks; dog clothing; dog clothing accessories, namely, dog collars and dog leashes
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 021 for Beverage glassware, cups, mugs, corkscrews, cocktail shakers; beverageware including mugs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Beverage glassware, cups, mugs, corkscrews, cocktail shakers; beverageware including mugs; beverageware; mugsClass 021 for Beverage glassware, cups, mugs, corkscrews, cocktail shakers; beverageware; mugs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 025 for Clothing including shirts, T-shirts, sweatshirts, hooded jackets, headwear, caps, sleepwear, pajamas, one-piece garments for children, lingerie, clothing masks in the nature of face masks and fashion masks, tank tops, hooded shirts and sweatshirts, bandanas; footwear
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Clothing including shirts, T-shirts, sweatshirts, hooded jackets, headwear, caps, sleepwear, pajamas, one-piece garments for children, lingerie, clothing masks in the nature of face masks and fashion masks, tank tops, hooded shirts and sweatshirts, bandanas; Clothing, namely, shirts, t-shirts, sweatshirts, hooded jackets, headwear, caps, sleepwear, pajamas, one-piece garments for children, lingerie, tank tops, hooded shirts and sweatshirts, bandanas; footwear; clothing masks in the nature of face masks and fashion masks, namely, knit face masks being headwearClass 025 for Clothing, namely, shirts, t-shirts, sweatshirts, hooded jackets, headwear, caps, sleepwear, pajamas, one-piece garments for children, lingerie, tank tops, hooded shirts and sweatshirts, bandanas; footwear; clothing masks in the nature of face masks and fashion masks, namely, knit face masks being headwear
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 028 for Christmas tree decorations including ornaments and trees; toys and accessories including dolls
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Christmas tree decorations including ornaments and trees; Christmas tree decorations, namely, ornaments and decorations for trees; toys and accessories including dolls; toys and accessories, namely, dollsClass 028 for Christmas tree decorations, namely, ornaments and decorations for trees; toys and accessories, namely, dolls
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 029 for Food products including milk, chocolate milk and milk based beverages; oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milk
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Food products including milk, chocolate milk and milk based beverages; Food products, namely, milk, chocolate milk and beverages having a milk base; oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milkClass 029 for Food products, namely, milk, chocolate milk and beverages having a milk base; oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milk
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 030 for Food products including hot chocolate and frozen hot chocolate; coffees, teas, chocolates and chocolate-based ready to eat candies and snacks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Food products including hot chocolate and frozen hot chocolate; Food products, namely, cookies, cookie and cake mixes, hot chocolate and frozen hot chocolate; coffees, teas, chocolates and chocolate-based ready to eat candies and snacksClass 030 for Food products, namely, cookies, cookie and cake mixes, hot chocolate and frozen hot chocolate; coffees, teas, chocolates and chocolate-based ready to eat candies and snacks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 032 for Beer, ale, lager, stout and porter; non-alcoholic beverages, namely, carbonated beverages and non-carbonated soft drink, fruit juices, water, coconut water
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Beer, ale, lager, stout and porter; non-alcoholic beverages, namely, carbonated beverages and non-carbonated soft drink, fruit juices, water, coconut water; non-alcoholic beverages, namely, carbonated beverages and non-carbonated soft drink, fruit juices, water beverages, coconut waterClass 032 for Beer, ale, lager, stout and porter; non-alcoholic beverages, namely, carbonated beverages and non-carbonated soft drink, fruit juices, water beverages, coconut water
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 033 for Alcoholic beverages, except beer; wine; alcoholic coffee-based beverages; alcoholic chocolate-based beverages; alcoholic beverages, except beer, containing milk, chocolate milk, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milk; spirits and liqueurs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Alcoholic beverages, except beer; wine; alcoholic coffee-based beverages; alcoholic chocolate-based beverages; alcoholic beverages, except beer, containing milk, chocolate milk, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milk; alcoholic beverages, except beer, containing milk, chocolate milk, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, or lactose-free milk; spirits and liqueursClass 033 for Alcoholic beverages, except beer; wine; alcoholic coffee-based beverages; alcoholic chocolate-based beverages; alcoholic beverages, except beer, containing milk, chocolate milk, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, or lactose-free milk; spirits and liqueurs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 035 for Online retail store services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Online retail store services; Online retail store services featuring fragrances for personal use, fragranced products, perfume, eau de parfum, scented products, body lotions, cosmetics, non-medicated skin care preparations, make-up, spa items, massage oils, aromatherapy products in the nature of aromatherapy sprays comprised of essential oils, lotions for cosmetic purposes, body creams, hair care preparations, nail polish, musical sound recordings, downloadable musical sound recordings, audiovisual recordings featuring musical entertainment, downloadable audiovisual recordings featuring musical entertainment, motion picture films featuring music, family, holiday and variety entertainment, prerecorded phonograph albums featuring singing and music, compact discs, all featuring music, a series of musical sound recordings, a series of musical video recordings, a series of audio visual recordings featuring musical and musical based entertainment, a series of downloadable musical sound recordings, a series of downloadable musical video recordings, a series of downloadable audio visual recordings featuring music and musical based entertainment, a series of downloadable ring tones for mobile phones, eyewear, sunglasses, cases for eyeglasses and sunglasses, protective masks, sanitary masks for protection against viral infection, protective face masks, fashion face masks being sanitary masks for protection against viral infection, jewelry, jewelry boxes, printed materials, books featuring photographs, information and stories on Christmas, children's stories, printed posters, carrying cases, backpacks, dog clothing, dog clothing accessories, dog collars, dog leashes, beverage glassware, cups, mugs, corkscrews, cocktail shakers, beverageware, mugs, clothing, shirts, t-shirts, sweatshirts, hooded jackets, headwear, caps, sleepwear, pajamas, one-piece garments for children, lingerie, tank tops, hooded shirts, sweatshirts, bandanas, footwear, clothing masks in the nature of face masks and fashion masks, knit face masks being headwear, Christmas tree decorations, ornaments and decorations for trees, toys and accessories, dolls, food products, milk, chocolate milk and beverages having a milk base, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milk, cookies, cookie and cake mixes, hot chocolate and frozen hot chocolate, coffees, teas, chocolates and chocolate-based ready to eat candies and snacks, beer, ale, lager, stout and porter, non-alcoholic beverages, carbonated beverages and non-carbonated soft drink, fruit juices, water beverages, coconut water, alcoholic beverages, except beer, wine, alcoholic coffee-based beverages, alcoholic chocolate-based beverages, alcoholic beverages, except beer, containing milk, chocolate milk, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, or lactose-free milk, spirits and liqueursClass 035 for Online retail store services featuring fragrances for personal use, fragranced products, perfume, eau de parfum, scented products, body lotions, cosmetics, non-medicated skin care preparations, make-up, spa items, massage oils, aromatherapy products in the nature of aromatherapy sprays comprised of essential oils, lotions for cosmetic purposes, body creams, hair care preparations, nail polish, musical sound recordings, downloadable musical sound recordings, audiovisual recordings featuring musical entertainment, downloadable audiovisual recordings featuring musical entertainment, motion picture films featuring music, family, holiday and variety entertainment, prerecorded phonograph albums featuring singing and music, compact discs, all featuring music, a series of musical sound recordings, a series of musical video recordings, a series of audio visual recordings featuring musical and musical based entertainment, a series of downloadable musical sound recordings, a series of downloadable musical video recordings, a series of downloadable audio visual recordings featuring music and musical based entertainment, a series of downloadable ring tones for mobile phones, eyewear, sunglasses, cases for eyeglasses and sunglasses, protective masks, sanitary masks for protection against viral infection, protective face masks, fashion face masks being sanitary masks for protection against viral infection, jewelry, jewelry boxes, printed materials, books featuring photographs, information and stories on Christmas, children's stories, printed posters, carrying cases, backpacks, dog clothing, dog clothing accessories, dog collars, dog leashes, beverage glassware, cups, mugs, corkscrews, cocktail shakers, beverageware, mugs, clothing, shirts, t-shirts, sweatshirts, hooded jackets, headwear, caps, sleepwear, pajamas, one-piece garments for children, lingerie, tank tops, hooded shirts, sweatshirts, bandanas, footwear, clothing masks in the nature of face masks and fashion masks, knit face masks being headwear, Christmas tree decorations, ornaments and decorations for trees, toys and accessories, dolls, food products, milk, chocolate milk and beverages having a milk base, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milk, cookies, cookie and cake mixes, hot chocolate and frozen hot chocolate, coffees, teas, chocolates and chocolate-based ready to eat candies and snacks, beer, ale, lager, stout and porter, non-alcoholic beverages, carbonated beverages and non-carbonated soft drink, fruit juices, water beverages, coconut water, alcoholic beverages, except beer, wine, alcoholic coffee-based beverages, alcoholic chocolate-based beverages, alcoholic beverages, except beer, containing milk, chocolate milk, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, or lactose-free milk, spirits and liqueurs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 038 for Streaming of audio and audio visual information featuring music and musical based entertainment; providing online chatrooms for transmission of messages among computer users concerning a musical artist and such artist's music, sound and video recordings, pictures, news, special projects, personal appearances and biography
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Streaming of audio and audio visual information featuring music and musical based entertainment; Streaming of audio and audio visual material on the internet featuring music and musical based entertainment; providing online chatrooms for transmission of messages among computer users concerning a musical artist and such artist's music, sound and video recordings, pictures, news, special projects, personal appearances and biography; providing online chatrooms for transmission of messages among computer users concerning a musical artist and such artist's music, sound and video recordings, pictures, news, special projects, personal appearances, and biographical materialClass 038 for Streaming of audio and audio visual material on the internet featuring music and musical based entertainment; providing online chatrooms for transmission of messages among computer users concerning a musical artist and such artist's music, sound and video recordings, pictures, news, special projects, personal appearances, and biographical material
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 041 for Entertainment services including live musical performances, recorded programs and specials featuring musical, family, holiday, and variety entertainment accessible by television, the internet and wireless devices; entertainment services and web-based services including recorded programs and specials featuring musical, family, holiday, and variety entertainment accessible by television, the internet and wireless devices; providing online non-downloadable prerecorded audio and video content featuring musical, family, holiday and variety entertainment via the internet and wireless devices; providing webisodes featuring musical, family, holiday and variety entertainment; providing information on a television program, special program, and online program and motion picture featuring music, family, holiday and variety entertainment, photographs in the field of such program and motion picture, and other entertainment information via the internet and wireless devices; entertainment services in the nature of live musical performances by an individual; entertainment services in the nature of periodic live musical performances by an individual; entertainment services in the nature of singing performances by an individual; providing music at a website and entertainment information on a musical performer via a website on a global computer network; providing information on a musical artist and such artist's music, sound and video recordings, pictures, news, special projects, personal appearances via a website on a global computer network
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Entertainment services including live musical performances, recorded programs and specials featuring musical, family, holiday, and variety entertainment accessible by television, the internet and wireless devices; Entertainment services in the nature of live musical performances by an individual, online non-downloadable ongoing recorded programs and specials featuring musical, family, holiday, and variety entertainment, all accessible by television, the internet and wireless devices; entertainment services and web-based services including recorded programs and specials featuring musical, family, holiday, and variety entertainment accessible by television, the internet and wireless devices; entertainment services and web-based services, namely, online non-downloadable ongoing recorded programs and specials featuring musical, family, holiday, and variety entertainment, all accessible by television, the internet and wireless devices; providing online non-downloadable prerecorded audio and video content featuring musical, family, holiday and variety entertainment via the internet and wireless devices; providing online non-downloadable ongoing prerecorded audio and video programs and specials featuring musical, family, holiday and variety entertainment, all accessible via the internet and wireless devices; providing webisodes featuring musical, family, holiday and variety entertainment; providing online non-downloadable ongoing recorded webisodes featuring musical, family, holiday and variety entertainment, all available via a global computer network; providing information on a television program, special program, and online program and motion picture featuring music, family, holiday and variety entertainment, photographs in the field of such program and motion picture, and other entertainment information via the internet and wireless devices; providing information on a television program, special entertainment program, and online entertainment program and motion picture featuring music, family, holiday and variety entertainment, and providing a website featuring non-downloadable photographs in the field of such program and motion picture, and other entertainment information via the internet and wireless devices; entertainment services in the nature of live musical performances by an individual; entertainment services in the nature of periodic live musical performances by an individual; entertainment services in the nature of singing performances by an individual; entertainment services in the nature of live singing performances by an individual; providing music at a website and entertainment information on a musical performer via a website on a global computer network; providing non-downloadable prerecorded music at a website and entertainment information on a musical performer via a website on a global computer network; providing information on a musical artist and such artist's music, sound and video recordings, pictures, news, special projects, personal appearances via a website on a global computer network; providing entertainment information on a musical artist and on such artist's music, sound and video recordings, pictures, news, special projects, and personal appearances via a website on a global computer networkClass 041 for Entertainment services in the nature of live musical performances by an individual, online non-downloadable ongoing recorded programs and specials featuring musical, family, holiday, and variety entertainment, all accessible by television, the internet and wireless devices; entertainment services and web-based services, namely, online non-downloadable ongoing recorded programs and specials featuring musical, family, holiday, and variety entertainment, all accessible by television, the internet and wireless devices; providing online non-downloadable ongoing prerecorded audio and video programs and specials featuring musical, family, holiday and variety entertainment, all accessible via the internet and wireless devices; providing online non-downloadable ongoing recorded webisodes featuring musical, family, holiday and variety entertainment, all available via a global computer network; providing information on a television program, special entertainment program, and online entertainment program and motion picture featuring music, family, holiday and variety entertainment, and providing a website featuring non-downloadable photographs in the field of such program and motion picture, and other entertainment information via the internet and wireless devices; entertainment services in the nature of live musical performances by an individual; entertainment services in the nature of periodic live musical performances by an individual; entertainment services in the nature of live singing performances by an individual; providing non-downloadable prerecorded music at a website and entertainment information on a musical performer via a website on a global computer network; providing entertainment information on a musical artist and on such artist's music, sound and video recordings, pictures, news, special projects, and personal appearances via a website on a global computer network
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


ADDITIONAL STATEMENTS
Miscellaneous Statement
The name shown in the mark identifies Mariah Carey, whose consent to registration by Applicant is of record by virtue of her signature on the application form that was submitted.

Correspondence Information (current):
      Lawrence E. Apolzon
      PRIMARY EMAIL FOR CORRESPONDENCE: Apolzon-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LOTN 2011149.
Correspondence Information (proposed):
      Lawrence E. Apolzon
      PRIMARY EMAIL FOR CORRESPONDENCE: Apolzon-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LOTN 2011149.

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: /lea/     Date: 04/07/2022
Signatory's Name: Lawrence E. Apolzon
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: N/A Signature method: Sent to third party for signature

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:    Lawrence E. Apolzon
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   151 WEST 42ND ST., 17TH FL.
   NEW YORK, New York 10036
Mailing Address:    Lawrence E. Apolzon
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 WEST 42ND ST., 17TH FL.
   NEW YORK, New York 10036
        
Serial Number: 90571927
Internet Transmission Date: Thu Apr 07 18:02:57 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2022040718025747
2219-90571927-80095217d52418d123d1da810b
e4de65767bbf52b20d179c4e4606d30a15a83ce5
3-N/A-N/A-20220407122229037162