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 |
97120125 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
ATTITUDE |
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 |
Babies and toddlers care products, namely, baby laundry detergents, oxygen based spray stain remover, fabric softeners, bottle
dishwashing liquids, toy spray cleaner, laundry stain remover; baby wipes; Babies and toddlers body care products, namely, baby 3in1 shampoo/body wash conditioners, body oils, sunscreens, sunscreen
remover, hand soap, zinc diaper cream, body cream, face calendula cream, toothpastes, hair detangler, face cream, face wash, face wipes, gel wipes, babypowder; Homecare products, namely, laundry
detergents, oxygen based spray stain remover, fabric softeners, dishwashing liquids, all-purpose surface spray cleaner, laundry stain remover, fruit contaminant spray cleaner, vegetable contaminant
spray cleaner; Body care products, namely, shampoos, conditioners, body wash, bubble bath, body oils, body lotions, hand bar soaps, body bar soaps, body scrubs, face scrubs, day creams, night creams,
moisturizing body lotion and cream, make-up removers lotions, wipes make-up remover, make up, sunscreen cream, sunscreen lotion, aftersun lotions, cosmetics, body deodorants, lip balms, foot soap
bars, foot cream, foot scrubs, foot hydrating cream, hand creams, nail polish removers, damaged hair treatment, hair oil, hair colour, hairspray, hair gel, hair wax, hair mousse, shaving creams,
spray body lotion, toothpastes, mouthwash, body powder; cleansing pre-moistened body wipes, cosmetic cotton balls and cotton swabs. Pregnancy products, namely, stretch oils, stretch gels, hydrating
lotions, body lotions, body washes, bubble baths, bath soaks and massage oils; Pet care products, namely, pet laundry detergents, bowl dishwashing liquids, multi surfaces cleaning wipes, pet toys
spray cleaner, pet shampoos, conditioners, detanglers, paw balm, nose balm, hydrating lotions |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2020 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2020 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2145711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
11/08/2021 |
GOODS AND/OR SERVICES SECTION (003) (proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Babies and toddlers care products, namely, baby laundry detergents, oxygen based spray stain remover,
fabric softeners, bottle dishwashing liquids, toy spray cleaner, laundry stain remover; babies and toddlers care products, namely, baby laundry detergents, oxygen
based spray stain remover, fabric softeners, bottle dishwashing liquids, toy spray cleaner, laundry stain remover, baby wipes impregnated with cleaning preparations; baby wipes; babies and toddlers body care products, namely, baby 3-in-1 hair shampoos and body wash conditioners, body oils, sunscreen preparations,
sunscreen removing preparations, hand soap, body cream, face cream containing calendula, toothpastes, hair detangler preparations, face creams, facial washes, facial wipes impregnated with a skin
cleanser, facial wipes impregnated with a skin cleanser namely gel wipes, baby powder; Babies and toddlers body care products, namely, baby 3in1 shampoo/body
wash conditioners, body oils, sunscreens, sunscreen remover, hand soap, zinc diaper cream, body cream, face calendula cream, toothpastes, hair detangler, face cream, face wash, face wipes, gel wipes,
babypowder; homecare products, namely, laundry detergents, oxygen based spray stain remover, fabric softeners, dishwashing liquids, all-purpose surface spray cleaner,
laundry stain remover, fruit contaminant spray cleaner, vegetable contaminant spray cleaner; body care products, namely, shampoos, hair conditioners, body
wash, bubble bath, body oils, body lotions, hand bar soaps, body bar soaps, body scrubs, facial scrubs, day beauty creams, night creams, moisturizing body lotion and cream, make-up removing lotions,
tissues impregnated with make-up removing preparations, make-up, sunscreen creams, sunscreen lotions, after-sun lotions, cosmetics, body deodorants, lip balms, foot soap bars namely non-medicated bar
soap, non-medicated foot cream, foot scrubs, non- medicated foot hydrating cream, hand creams, nail polish removers, damaged hair treatments namely hair care preparations, hair oil, hair colouring,
hairspray, hair gel, hair wax, hair mousse, shaving creams, spray body lotion, toothpastes, non-medicated mouthwashes, body powder, cleansing pre-moistened body wipes namely wipes impregnated with a
skin cleanser, cosmetic cotton balls and cotton swabs; Body care products, namely, shampoos, conditioners, body wash, bubble bath, body oils, body lotions,
hand bar soaps, body bar soaps, body scrubs, face scrubs, day creams, night creams, moisturizing body lotion and cream, make-up removers lotions, wipes make-up remover, make up, sunscreen cream,
sunscreen lotion, aftersun lotions, cosmetics, body deodorants, lip balms, foot soap bars, foot cream, foot scrubs, foot hydrating cream, hand creams, nail polish removers, damaged hair treatment,
hair oil, hair colour, hairspray, hair gel, hair wax, hair mousse, shaving creams, spray body lotion, toothpastes, mouthwash, body powder; pregnancy products,
namely, non- medicated stretch mark body oils, non-medicated stretch mark gels, hydrating lotions for face, skin and body, body butter, body lotions, breast butter cream, body washes, bubble baths,
non-medicated bath body soaks, cosmetic bath salts, massage oils; cleansing pre-moistened body wipes, cosmetic cotton balls and cotton swabs. Pregnancy
products, namely, stretch oils, stretch gels, hydrating lotions, body lotions, body washes, bubble baths, bath soaks and massage oils; pet care products,
namely, pet laundry detergents, liquid bowl dishwashing preparations, disposable wipes impregnated with non-chemical cleaning preparations for multiple surfaces, pet toys spray cleaner, pet shampoos,
conditioners, and detanglers, non-medicated paw balm, non-medicated nose balm, hydrating body lotions; Pet care products, namely, pet laundry detergents, bowl
dishwashing liquids, multi surfaces cleaning wipes, pet toys spray cleaner, pet shampoos, conditioners, detanglers, paw balm, nose balm, hydrating lotions |
FINAL DESCRIPTION |
babies and toddlers care products, namely, baby laundry detergents, oxygen based spray stain remover, fabric softeners, bottle
dishwashing liquids, toy spray cleaner, laundry stain remover, baby wipes impregnated with cleaning preparations; babies and toddlers body care products, namely, baby 3-in-1 hair shampoos and body
wash conditioners, body oils, sunscreen preparations, sunscreen removing preparations, hand soap, body cream, face cream containing calendula, toothpastes, hair detangler preparations, face creams,
facial washes, facial wipes impregnated with a skin cleanser, facial wipes impregnated with a skin cleanser namely gel wipes, baby powder; homecare products, namely, laundry detergents, oxygen based
spray stain remover, fabric softeners, dishwashing liquids, all-purpose surface spray cleaner, laundry stain remover, fruit contaminant spray cleaner, vegetable contaminant spray cleaner; body care
products, namely, shampoos, hair conditioners, body wash, bubble bath, body oils, body lotions, hand bar soaps, body bar soaps, body scrubs, facial scrubs, day beauty creams, night creams,
moisturizing body lotion and cream, make-up removing lotions, tissues impregnated with make-up removing preparations, make-up, sunscreen creams, sunscreen lotions, after-sun lotions, cosmetics, body
deodorants, lip balms, foot soap bars namely non-medicated bar soap, non-medicated foot cream, foot scrubs, non- medicated foot hydrating cream, hand creams, nail polish removers, damaged hair
treatments namely hair care preparations, hair oil, hair colouring, hairspray, hair gel, hair wax, hair mousse, shaving creams, spray body lotion, toothpastes, non-medicated mouthwashes, body powder,
cleansing pre-moistened body wipes namely wipes impregnated with a skin cleanser, cosmetic cotton balls and cotton swabs; pregnancy products, namely, non- medicated stretch mark body oils,
non-medicated stretch mark gels, hydrating lotions for face, skin and body, body butter, body lotions, breast butter cream, body washes, bubble baths, non-medicated bath body soaks, cosmetic bath
salts, massage oils; pet care products, namely, pet laundry detergents, liquid bowl dishwashing preparations, disposable wipes impregnated with non-chemical cleaning preparations for multiple
surfaces, pet toys spray cleaner, pet shampoos, conditioners, and detanglers, non-medicated paw balm, non-medicated nose balm, hydrating body lotions |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2020 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2020 |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2145711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
11/08/2021 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (004) (current) |
INTERNATIONAL CLASS |
004 |
DESCRIPTION |
scented candles |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2145711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
11/08/2021 |
GOODS AND/OR SERVICES SECTION (004) (proposed) |
INTERNATIONAL CLASS |
004 |
DESCRIPTION |
scented candles |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2145711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
11/08/2021 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (005) (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Natural odor neutralizers, namely, air purifiers, fabric refreshers, air fresheners, pet stains odor remover, pet fabric refresher odor
neutralizer, deodorising mists, deodorizing grooming wipes, litter box odor eliminator; sanitizing surface wipes; hand sanitizers; baby and adult diapers and disposable diapers; baby and adult
topical pain reliever; insect repellent |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2020 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2020 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2145711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
11/08/2021 |
GOODS AND/OR SERVICES SECTION (005) (proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Natural odor neutralizers, namely, air purifiers, fabric refreshers, air fresheners, pet stains odor
remover, pet fabric refresher odor neutralizer, deodorising mists, deodorizing grooming wipes, litter box odor eliminator; natural odor neutralizers, namely, air
purifiers, fabric deodorizers, air deodorizer, pet stains odor neutralizing preparations, pet fabric refreshing odor neutralizer, air deodorising mists, deodorizing grooming wipes namely deodorizing
grooming preparations for cats and dogs made of natural plants and mineral based ingredients, deodorizers for household pet litter boxes; sanitizing surface wipes;
hand sanitizers; hand-sanitizing preparations; baby and adult diapers and disposable
diapers; baby and adult diapers and disposable baby and adult diapers; baby and adult topical pain reliever; insect repellent; medicated diaper rash ointment namely zinc diaper cream |
FINAL DESCRIPTION |
natural odor neutralizers, namely, air purifiers, fabric deodorizers, air deodorizer, pet stains odor neutralizing preparations, pet
fabric refreshing odor neutralizer, air deodorising mists, deodorizing grooming wipes namely deodorizing grooming preparations for cats and dogs made of natural plants and mineral based ingredients,
deodorizers for household pet litter boxes; sanitizing surface wipes; hand-sanitizing preparations; baby and adult diapers and disposable baby and adult diapers; baby and adult topical pain reliever;
insect repellent; medicated diaper rash ointment namely zinc diaper cream |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2020 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2020 |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2145711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
11/08/2021 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (030) (current) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Herbal teas |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2145711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
11/08/2021 |
GOODS AND/OR SERVICES SECTION (030) (proposed) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Herbal teas |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2145711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
11/08/2021 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant has fully complied with the identification of the goods issue. Upon approval of the application for publication, please suspend the
application in that the Canadian Registration has not yet issued. If any questions, please do not hesitate to contact the undrsigned. |
CORRESPONDENCE INFORMATION (current) |
NAME |
Stewart L Gitler |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarks@iplawsolutions.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
gitler@iplawsolutions.com |
DOCKET/REFERENCE NUMBER |
WFG-8368 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Stewart L Gitler |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarks@iplawsolutions.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
gitler@iplawsolutions.com |
DOCKET/REFERENCE NUMBER |
WFG-8368 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Stewart L Gitler/ |
SIGNATORY'S NAME |
Stewart L Gitler |
SIGNATORY'S POSITION |
Attorney of record, VA Bar member |
SIGNATORY'S PHONE NUMBER |
703-920-1122 |
DATE SIGNED |
04/05/2022 |
ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD |
Signed directly within the form |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Apr 05 15:30:07 ET 2022 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0220405153007577779-97120
125-800a3a590faf6aff765eb
1fb7c403b9377528977ca2767
98e257861566ec9e6a9-N/A-N
/A-20220405151152098641 |
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.
97120125 ATTITUDE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/97120125/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 003 for Babies and toddlers care products, namely, baby laundry detergents, oxygen based spray stain remover, fabric softeners, bottle dishwashing liquids, toy spray cleaner, laundry stain
remover; baby wipes; Babies and toddlers body care products, namely, baby 3in1 shampoo/body wash conditioners, body oils, sunscreens, sunscreen remover, hand soap, zinc diaper cream, body cream, face
calendula cream, toothpastes, hair detangler, face cream, face wash, face wipes, gel wipes, babypowder; Homecare products, namely, laundry detergents, oxygen based spray stain remover, fabric
softeners, dishwashing liquids, all-purpose surface spray cleaner, laundry stain remover, fruit contaminant spray cleaner, vegetable contaminant spray cleaner; Body care products, namely, shampoos,
conditioners, body wash, bubble bath, body oils, body lotions, hand bar soaps, body bar soaps, body scrubs, face scrubs, day creams, night creams, moisturizing body lotion and cream, make-up removers
lotions, wipes make-up remover, make up, sunscreen cream, sunscreen lotion, aftersun lotions, cosmetics, body deodorants, lip balms, foot soap bars, foot cream, foot scrubs, foot hydrating cream,
hand creams, nail polish removers, damaged hair treatment, hair oil, hair colour, hairspray, hair gel, hair wax, hair mousse, shaving creams, spray body lotion, toothpastes, mouthwash, body powder;
cleansing pre-moistened body wipes, cosmetic cotton balls and cotton swabs. Pregnancy products, namely, stretch oils, stretch gels, hydrating lotions, body lotions, body washes, bubble baths, bath
soaks and massage oils; Pet care products, namely, pet laundry detergents, bowl dishwashing liquids, multi surfaces cleaning wipes, pet toys spray cleaner, pet shampoos, conditioners, detanglers, paw
balm, nose balm, hydrating lotions
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 01/01/2020 and first used in commerce at least as early as 01/01/2020 , and
is now in use in such commerce.
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[ Canada application number 2145711 filed 11/08/2021]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Babies and toddlers care products, namely, baby laundry detergents, oxygen based spray stain remover, fabric softeners, bottle
dishwashing liquids, toy spray cleaner, laundry stain remover;
babies and toddlers care products, namely, baby laundry detergents, oxygen based spray stain
remover, fabric softeners, bottle dishwashing liquids, toy spray cleaner, laundry stain remover, baby wipes impregnated with cleaning preparations;
baby
wipes;
babies and toddlers body care products, namely, baby 3-in-1 hair shampoos and body wash conditioners, body oils, sunscreen preparations, sunscreen
removing preparations, hand soap, body cream, face cream containing calendula, toothpastes, hair detangler preparations, face creams, facial washes, facial wipes impregnated with a skin cleanser,
facial wipes impregnated with a skin cleanser namely gel wipes, baby powder;
Babies and toddlers body care products, namely, baby 3in1 shampoo/body wash
conditioners, body oils, sunscreens, sunscreen remover, hand soap, zinc diaper cream, body cream, face calendula cream, toothpastes, hair detangler, face cream, face wash, face wipes, gel wipes,
babypowder;
homecare products, namely, laundry detergents, oxygen based spray stain remover, fabric softeners, dishwashing liquids, all-purpose surface spray cleaner,
laundry stain remover, fruit contaminant spray cleaner, vegetable contaminant spray cleaner;
body care products, namely, shampoos, hair conditioners, body
wash, bubble bath, body oils, body lotions, hand bar soaps, body bar soaps, body scrubs, facial scrubs, day beauty creams, night creams, moisturizing body lotion and cream, make-up removing lotions,
tissues impregnated with make-up removing preparations, make-up, sunscreen creams, sunscreen lotions, after-sun lotions, cosmetics, body deodorants, lip balms, foot soap bars namely non-medicated bar
soap, non-medicated foot cream, foot scrubs, non- medicated foot hydrating cream, hand creams, nail polish removers, damaged hair treatments namely hair care preparations, hair oil, hair colouring,
hairspray, hair gel, hair wax, hair mousse, shaving creams, spray body lotion, toothpastes, non-medicated mouthwashes, body powder, cleansing pre-moistened body wipes namely wipes impregnated with a
skin cleanser, cosmetic cotton balls and cotton swabs;
Body care products, namely, shampoos, conditioners, body wash, bubble bath, body oils, body lotions,
hand bar soaps, body bar soaps, body scrubs, face scrubs, day creams, night creams, moisturizing body lotion and cream, make-up removers lotions, wipes make-up remover, make up, sunscreen cream,
sunscreen lotion, aftersun lotions, cosmetics, body deodorants, lip balms, foot soap bars, foot cream, foot scrubs, foot hydrating cream, hand creams, nail polish removers, damaged hair treatment,
hair oil, hair colour, hairspray, hair gel, hair wax, hair mousse, shaving creams, spray body lotion, toothpastes, mouthwash, body powder;
pregnancy products,
namely, non- medicated stretch mark body oils, non-medicated stretch mark gels, hydrating lotions for face, skin and body, body butter, body lotions, breast butter cream, body washes, bubble baths,
non-medicated bath body soaks, cosmetic bath salts, massage oils;
cleansing pre-moistened body wipes, cosmetic cotton balls and cotton swabs. Pregnancy
products, namely, stretch oils, stretch gels, hydrating lotions, body lotions, body washes, bubble baths, bath soaks and massage oils;
pet care products,
namely, pet laundry detergents, liquid bowl dishwashing preparations, disposable wipes impregnated with non-chemical cleaning preparations for multiple surfaces, pet toys spray cleaner, pet shampoos,
conditioners, and detanglers, non-medicated paw balm, non-medicated nose balm, hydrating body lotions;
Pet care products, namely, pet laundry detergents, bowl
dishwashing liquids, multi surfaces cleaning wipes, pet toys spray cleaner, pet shampoos, conditioners, detanglers, paw balm, nose balm, hydrating lotionsClass 003 for babies and toddlers care
products, namely, baby laundry detergents, oxygen based spray stain remover, fabric softeners, bottle dishwashing liquids, toy spray cleaner, laundry stain remover, baby wipes impregnated with
cleaning preparations; babies and toddlers body care products, namely, baby 3-in-1 hair shampoos and body wash conditioners, body oils, sunscreen preparations, sunscreen removing preparations, hand
soap, body cream, face cream containing calendula, toothpastes, hair detangler preparations, face creams, facial washes, facial wipes impregnated with a skin cleanser, facial wipes impregnated with a
skin cleanser namely gel wipes, baby powder; homecare products, namely, laundry detergents, oxygen based spray stain remover, fabric softeners, dishwashing liquids, all-purpose surface spray cleaner,
laundry stain remover, fruit contaminant spray cleaner, vegetable contaminant spray cleaner; body care products, namely, shampoos, hair conditioners, body wash, bubble bath, body oils, body lotions,
hand bar soaps, body bar soaps, body scrubs, facial scrubs, day beauty creams, night creams, moisturizing body lotion and cream, make-up removing lotions, tissues impregnated with make-up removing
preparations, make-up, sunscreen creams, sunscreen lotions, after-sun lotions, cosmetics, body deodorants, lip balms, foot soap bars namely non-medicated bar soap, non-medicated foot cream, foot
scrubs, non- medicated foot hydrating cream, hand creams, nail polish removers, damaged hair treatments namely hair care preparations, hair oil, hair colouring, hairspray, hair gel, hair wax, hair
mousse, shaving creams, spray body lotion, toothpastes, non-medicated mouthwashes, body powder, cleansing pre-moistened body wipes namely wipes impregnated with a skin cleanser, cosmetic cotton balls
and cotton swabs; pregnancy products, namely, non- medicated stretch mark body oils, non-medicated stretch mark gels, hydrating lotions for face, skin and body, body butter, body lotions, breast
butter cream, body washes, bubble baths, non-medicated bath body soaks, cosmetic bath salts, massage oils; pet care products, namely, pet laundry detergents, liquid bowl dishwashing preparations,
disposable wipes impregnated with non-chemical cleaning preparations for multiple surfaces, pet toys spray cleaner, pet shampoos, conditioners, and detanglers, non-medicated paw balm, non-medicated
nose balm, hydrating body lotions
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 01/01/2020 and first used in commerce at least as early as 01/01/2020 , and
is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided
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 [ Canada application number 2145711 filed 11/08/2021]. 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. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following:
Current:
Class 004 for scented candles
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.
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[ Canada application number 2145711 filed 11/08/2021]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Class 004 for scented candles
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
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 [ Canada application number 2145711 filed 11/08/2021]. 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. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following:
Current:
Class 005 for Natural odor neutralizers, namely, air purifiers, fabric refreshers, air fresheners, pet stains odor remover, pet fabric refresher odor neutralizer, deodorising mists, deodorizing
grooming wipes, litter box odor eliminator; sanitizing surface wipes; hand sanitizers; baby and adult diapers and disposable diapers; baby and adult topical pain reliever; insect repellent
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 01/01/2020 and first used in commerce at least as early as 01/01/2020 , and
is now in use in such commerce.
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[ Canada application number 2145711 filed 11/08/2021]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Natural odor neutralizers, namely, air purifiers, fabric refreshers, air fresheners, pet stains odor remover, pet fabric refresher odor
neutralizer, deodorising mists, deodorizing grooming wipes, litter box odor eliminator;
natural odor neutralizers, namely, air purifiers, fabric deodorizers, air
deodorizer, pet stains odor neutralizing preparations, pet fabric refreshing odor neutralizer, air deodorising mists, deodorizing grooming wipes namely deodorizing grooming preparations for cats and
dogs made of natural plants and mineral based ingredients, deodorizers for household pet litter boxes;
sanitizing surface wipes;
hand
sanitizers;
hand-sanitizing preparations;
baby and adult diapers and disposable diapers;
baby and adult diapers and disposable baby and adult diapers;
baby and adult topical pain reliever;
insect repellent;
medicated diaper rash ointment namely zinc diaper creamClass 005 for natural odor neutralizers, namely, air purifiers, fabric deodorizers, air deodorizer, pet stains odor
neutralizing preparations, pet fabric refreshing odor neutralizer, air deodorising mists, deodorizing grooming wipes namely deodorizing grooming preparations for cats and dogs made of natural plants
and mineral based ingredients, deodorizers for household pet litter boxes; sanitizing surface wipes; hand-sanitizing preparations; baby and adult diapers and disposable baby and adult diapers; baby
and adult topical pain reliever; insect repellent; medicated diaper rash ointment namely zinc diaper cream
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 01/01/2020 and first used in commerce at least as early as 01/01/2020 , and
is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided
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 [ Canada application number 2145711 filed 11/08/2021]. 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. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following:
Current:
Class 030 for Herbal teas
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.
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[ Canada application number 2145711 filed 11/08/2021]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Class 030 for Herbal teas
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
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 [ Canada application number 2145711 filed 11/08/2021]. 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. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has fully complied with the identification of the goods issue. Upon approval of the application for publication, please suspend the application in that the Canadian Registration has not yet
issued. If any questions, please do not hesitate to contact the undrsigned.
Correspondence Information (current):
Stewart L Gitler
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@iplawsolutions.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gitler@iplawsolutions.com
The docket/reference number is WFG-8368.
Correspondence Information (proposed):
Stewart L Gitler
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@iplawsolutions.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gitler@iplawsolutions.com
The docket/reference number is WFG-8368.
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: /Stewart L Gitler/ Date: 04/05/2022
Signatory's Name: Stewart L Gitler
Signatory's Position: Attorney of record, VA Bar member
Signatory's Phone Number: 703-920-1122 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: Stewart L Gitler
WELSH FLAXMAN & GITLER LLC
SUITE 210
1451 DOLLEY MADISON BLVD.
MCLEAN, Virginia 22101
Mailing Address: Stewart L Gitler
WELSH FLAXMAN & GITLER LLC
SUITE 210
1451 DOLLEY MADISON BLVD.
MCLEAN, Virginia 22101
Serial Number: 97120125
Internet Transmission Date: Tue Apr 05 15:30:07 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2022040515300757
7779-97120125-800a3a590faf6aff765eb1fb7c
403b9377528977ca276798e257861566ec9e6a9-
N/A-N/A-20220405151152098641