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

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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. 97374325 DIVA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9737432 5/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Laundry Soap; Massage Oil; Bath soaks/ bubble bath; Body wash and hand wash; Body moisturizer and body oil; Lubricants and personal moisturizers
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: Laundry Soap; massage oil; Bath soaks/ bubble bath; bath soaks, namely, bubble bath; Body wash and hand wash; body wash and non- medicated hand wash; body moisturizer and body oil; Lubricants and personal moisturizers; personal hair moisturizers; non-medicated ph balancing gel; personal wash, namely, vaginal washes for personal sanitary or deodorant purposes; non-mediated topical pain relief creams and gelsClass 003 for Laundry Soap; massage oil; bath soaks, namely, bubble bath; body wash and non- medicated hand wash; body moisturizer and body oil; personal hair moisturizers; non-medicated ph balancing gel; personal wash, namely, vaginal washes for personal sanitary or deodorant purposes; non-mediated topical pain relief creams and gels
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 005 for Disposable tampons, Pads and Liners; Reusable Menstrual and Incontinence Underwear; Reusable Menstrual pads and incontinence pads; Disposable Incontinence pads and liners; Oral Supplements and powders for PMS, Period support, probiotics, gut health, menopause, sleep, hormones; pH Balancing Gel, Personal Wash and yeast Control products; Menstrual cup and disc cleaners; Topical Pain relief creams and gels
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: Disposable tampons, Pads and Liners; Disposable tampons, feminine hygiene Pads and feminine hygiene Liners; Reusable Menstrual and Incontinence Underwear; Reusable Menstrual pads and incontinence pads; Disposable Incontinence pads and liners; Oral Supplements and powders for PMS, Period support, probiotics, gut health, menopause, sleep, hormones; Nutritional Oral Supplements and powders for PMS, Period support, probiotics, gut health, menopause, sleep, hormones; pH Balancing Gel, Personal Wash and yeast Control products; medicated PH Balancing Gel, Personal medicated hand Wash and yeast Control products, namely, antifungal preparations; Menstrual cup and disc cleaners; Menstrual cup and disc cleaners, namely, cleaning preparations; Topical Pain relief creams and gels; mediated topical Pain relief creams and gels; medicated hand wash; personal lubricantsClass 005 for Disposable tampons, feminine hygiene Pads and feminine hygiene Liners; Reusable Menstrual and Incontinence Underwear; Reusable Menstrual pads and incontinence pads; Disposable Incontinence pads and liners; Nutritional Oral Supplements and powders for PMS, Period support, probiotics, gut health, menopause, sleep, hormones; medicated PH Balancing Gel, Personal medicated hand Wash and yeast Control products, namely, antifungal preparations; Menstrual cup and disc cleaners, namely, cleaning preparations; mediated topical Pain relief creams and gels; medicated hand wash; personal lubricants
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 Menstrual Cups and Discs; Reusable tampon applicators; Sex Toys; Condoms
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: Menstrual Cups and Discs; Reusable tampon applicators; Reusable tampon applicators, namely, Disposable finger fitting polyethylene sleeves for hygienic insertion of a tampon; Sex Toys; Condoms; Menstrual cup and disc cleaners, namely, cleaning apparatusClass 010 for Menstrual Cups and Discs; Reusable tampon applicators, namely, Disposable finger fitting polyethylene sleeves for hygienic insertion of a tampon; Sex Toys; Condoms; Menstrual cup and disc cleaners, namely, cleaning apparatus
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

Correspondence Information (current):
      PATRICK J. JENNINGS
      PRIMARY EMAIL FOR CORRESPONDENCE: dctm@pillsburylaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Patrick J. Jennings
      PRIMARY EMAIL FOR CORRESPONDENCE: dctm@pillsburylaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /Pat Jennings/     Date: 07/30/2022
Signatory's Name: Patrick J. Jennings
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 2026638918 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:    PATRICK J. JENNINGS
   PILLSBURY WINTHROP SHAW PITTMAN, LLP
   
   1200 SEVENTEENTH STREET, NW
   WASHINGTON, District of Columbia 20036
Mailing Address:    Patrick J. Jennings
   PILLSBURY WINTHROP SHAW PITTMAN, LLP
   1200 SEVENTEENTH STREET, NW
   WASHINGTON, District of Columbia 20036
        
Serial Number: 97374325
Internet Transmission Date: Sat Jul 30 07:22:27 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2022073007222785
6377-97374325-800e74a1de43c30d0e7f6149c7
4a4a8f8b399bb732b608dbca277ef167dd62f51-
N/A-N/A-20220730071813975099