TEAS Response to Suspension Inquiry

PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1822

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 Suspension Inquiry or Letter of Suspension

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:
FOREIGN APPLICATION(S)
The applicant herein elects NOT to proceed to registration under Section 44(e). The claim of priority previously made under Section 44(d) will be retained in the USPTO's records.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
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 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
Original Filing Basis:
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: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 2145711 filed 11/08/2021]. 15 U.S.C.Section 1126(d), as amended.

Proposed: 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 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: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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 has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 004 for scented candles
Original Filing Basis:
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: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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 has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 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
Original Filing Basis:
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: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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 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; natural odor neutralizers, namely, air purifiers, fabric deodorizers, air deodorizer, pet stains odor neutralizing preparations, pet fabric refreshing odor neutralizer, air deodorizing mists, deodorizing grooming wipes namely medicated grooming preparations for cats and dogs, namely natural plant and mineral based lotions and creams, 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 creamClass 005 for natural odor neutralizers, namely, air purifiers, fabric deodorizers, air deodorizer, pet stains odor neutralizing preparations, pet fabric refreshing odor neutralizer, air deodorizing mists, deodorizing grooming wipes namely medicated grooming preparations for cats and dogs, namely natural plant and mineral based lotions and creams, 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: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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 has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Herbal teas
Original Filing Basis:
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: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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 has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.

Correspondence Information (current):
      Stewart L Gitler
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@iplawsolutions.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gitler@iplawsolutions.com
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 applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /Stewart L Gitler/     Date: 04/27/2022
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
Mailing Address:    Stewart L Gitler
   WELSH FLAXMAN & GITLER LLC
   SUITE 210
   1451 DOLLEY MADISON BLVD.
   MCLEAN, Virginia 22101
        
Serial Number: 97120125
Internet Transmission Date: Wed Apr 27 13:51:22 ET 2022
TEAS Stamp: USPTO/RSI-XXX.XX.XX.XXX-2022042713512220
2874-97120125-8003376e4b43890e7b0b0189ba
26b213c60ef92e626dc2ee836d01cac3fb878fb1
-N/A-N/A-20220427134225851102