Response to Office Action

FLORIDA SALT SCRUBS

Southeast Holdings Corp.

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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90874589
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK FILE NAME http://uspto.report/TM/90874589/mark.png
LITERAL ELEMENT FLORIDA SALT SCRUBS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) BLACK AND YELLOW is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the word, "FLORIDA", with the letter "O" colored in YELLOW and the letter "I" in the form of a palm tree above the words "SALT SCRUBS".
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 003
DESCRIPTION
Non-medicated cosmetic and bath preparations, namely, body scrubs, lip care preparations, soaps, cosmetic bath preparations, deodorants and anti-perspirants for personal use, skin creams, body oils, body lotions, essential oils and aromatic oils for the face, body and to be used in the bath; nail polish; facial creams, moisturizers for the face, hands and body, beauty masks, cosmetic masks, floral toilet water, skin buff cream, cleansers and toners
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/30/2021
        FIRST USE IN COMMERCE DATE At least as early as 07/30/2021
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 003
TRACKED TEXT DESCRIPTION
Non-medicated cosmetic and bath preparations, namely, body scrubs, lip care preparations, soaps, cosmetic bath preparations, deodorants and anti-perspirants for personal use, skin creams, body oils, body lotions, essential oils and aromatic oils for the face, body and to be used in the bath; Non-medicated cosmetic and bath preparations, namely, body scrubs, lip care preparations, bar and liquid bath soap for face and body soaps, cosmetic bath preparations, deodorants and anti-perspirants for personal use, skin creams, body oils, body lotions, essential oils for personal use; nail polish; facial creams, moisturizers for the face, hands and body, beauty masks, cosmetic masks, floral toilet water, skin buff cream, cleansers and toners; facial creams, moisturizers for the face, hands and body, beauty masks, cosmetic masks, floral toilet water, skin cream for buffing, skin cleansers and skin toners.
FINAL DESCRIPTION
Non-medicated cosmetic and bath preparations, namely, body scrubs, lip care preparations, bar and liquid bath soap for face and body soaps, cosmetic bath preparations, deodorants and anti-perspirants for personal use, skin creams, body oils, body lotions, essential oils for personal use; nail polish; facial creams, moisturizers for the face, hands and body, beauty masks, cosmetic masks, floral toilet water, skin cream for buffing, skin cleansers and skin toners.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/30/2021
       FIRST USE IN COMMERCE DATE At least as early as 07/30/2021
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\908\745\90874589\xml5 \ ROA0002.JPG
       SPECIMEN DESCRIPTION Florida Salt Scrubs Product display
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "FLORDA" "SALT" SCRUBS" apart from the mark as shown.
CORRESPONDENCE INFORMATION (current)
NAME MARLON ANDREW HILL
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mhill@wsh-law.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) marlon@marlonhill.com
DOCKET/REFERENCE NUMBER 3886.002
CORRESPONDENCE INFORMATION (proposed)
NAME Marlon Andrew Hill
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mhill@wsh-law.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) marlon@marlonhill.com
DOCKET/REFERENCE NUMBER 3886.002
SIGNATURE SECTION
DECLARATION SIGNATURE /Marlon Hill/
SIGNATORY'S NAME Marlon Hill
SIGNATORY'S POSITION Attorney for Applicant
SIGNATORY'S PHONE NUMBER 3052444456
DATE SIGNED 06/16/2022
SIGNATURE METHOD Signed directly within the form
RESPONSE SIGNATURE /Marlon Hill/
SIGNATORY'S NAME Marlon Hill
SIGNATORY'S POSITION Attorney for Applicant
SIGNATORY'S PHONE NUMBER 3052444456
DATE SIGNED 06/16/2022
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 16 15:15:34 ET 2022
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0220616151534663882-90874
589-800d9679bfe79f5515a1e
e263da481b239087a949bb192
1e4014a24d3f55ab2eb3-N/A-
N/A-20220616151053888363



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. 90874589 FLORIDA SALT SCRUBS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9087458 9/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Non-medicated cosmetic and bath preparations, namely, body scrubs, lip care preparations, soaps, cosmetic bath preparations, deodorants and anti-perspirants for personal use, skin creams, body oils, body lotions, essential oils and aromatic oils for the face, body and to be used in the bath; nail polish; facial creams, moisturizers for the face, hands and body, beauty masks, cosmetic masks, floral toilet water, skin buff cream, cleansers and toners
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/30/2021 and first used in commerce at least as early as 07/30/2021 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Non-medicated cosmetic and bath preparations, namely, body scrubs, lip care preparations, soaps, cosmetic bath preparations, deodorants and anti-perspirants for personal use, skin creams, body oils, body lotions, essential oils and aromatic oils for the face, body and to be used in the bath; Non-medicated cosmetic and bath preparations, namely, body scrubs, lip care preparations, bar and liquid bath soap for face and body soaps, cosmetic bath preparations, deodorants and anti-perspirants for personal use, skin creams, body oils, body lotions, essential oils for personal use; nail polish; facial creams, moisturizers for the face, hands and body, beauty masks, cosmetic masks, floral toilet water, skin buff cream, cleansers and toners; facial creams, moisturizers for the face, hands and body, beauty masks, cosmetic masks, floral toilet water, skin cream for buffing, skin cleansers and skin toners.Class 003 for Non-medicated cosmetic and bath preparations, namely, body scrubs, lip care preparations, bar and liquid bath soap for face and body soaps, cosmetic bath preparations, deodorants and anti-perspirants for personal use, skin creams, body oils, body lotions, essential oils for personal use; nail polish; facial creams, moisturizers for the face, hands and body, beauty masks, cosmetic masks, floral toilet water, skin cream for buffing, skin cleansers and skin toners.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/30/2021 and first used in commerce at least as early as 07/30/2021 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003. The specimen(s) submitted consists of Florida Salt Scrubs Product display.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1



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

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "FLORDA" "SALT" SCRUBS" apart from the mark as shown.

Correspondence Information (current):
      MARLON ANDREW HILL
      PRIMARY EMAIL FOR CORRESPONDENCE: mhill@wsh-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): marlon@marlonhill.com

The docket/reference number is 3886.002.
Correspondence Information (proposed):
      Marlon Andrew Hill
      PRIMARY EMAIL FOR CORRESPONDENCE: mhill@wsh-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): marlon@marlonhill.com

The docket/reference number is 3886.002.

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: /Marlon Hill/      Date: 06/16/2022
Signatory's Name: Marlon Hill
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 3052444456

Signature method: Signed directly within the form

Response Signature
Signature: /Marlon Hill/     Date: 06/16/2022
Signatory's Name: Marlon Hill
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 3052444456 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:    MARLON ANDREW HILL
   WEISS SEROTA HELFMAN COLE & BIERMAN
   2525 PONCE DE LEON BLVD, 700, 2525 PONCE
   2525 PONCE DE LEON BLVD, 700, 2525 PONCE
   MIAMI, Florida 33134
Mailing Address:    Marlon Andrew Hill
   WEISS SEROTA HELFMAN COLE & BIERMAN
   2525 PONCE DE LEON BLVD, 700, 2525 PONCE
   2525 PONCE DE LEON BLVD, 700, 2525 PONCE
   MIAMI, Florida 33134
        
Serial Number: 90874589
Internet Transmission Date: Thu Jun 16 15:15:34 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2022061615153466
3882-90874589-800d9679bfe79f5515a1ee263d
a481b239087a949bb1921e4014a24d3f55ab2eb3
-N/A-N/A-20220616151053888363


Response to Office Action [image/jpeg]


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