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. 97242456 TATTOO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9724245 6/large) has been amended as follows:

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

Applicant respectfully requests to divide this application into two separate applications. A Request toDivide has been filed and the appropriate fees were submitted.


CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for On-line wholesale and retail store services featuring cosmetics, namely, non-medicated salves, skin cream, lip balm, skin moisturizers, facial cleansers, skincare in the nature of cosmetic body care preparations, namely, body, hand and facial creams, bath and skin lotions, skin moisturizers, shampoo, conditioners, body washes, soaps, perfumery, essential oils, nutritional supplements and vitamins, health food supplements, herbal supplements, mineral nutritional supplements, natural dietary supplements, natural herbal supplements, nutritional supplements, nutritional supplements for eliminating toxins, nutritional supplements for promoting healthy skin, nutritional supplements in the form of capsules, nutritional supplements in the form of gels, topical nutritional supplements for promoting healthy skin, vitamin supplements, vitamin and mineral supplements, coffee, non-alcoholic drinks, preparations for making beverages and candles; Promoting public awareness of the interests of health and wellness, natural skincare and cosmetics; Providing consumer information in the field of cosmetics, toiletries, food products, beverage products, and clothing via a website; On-line retail store services featuring body care products, cosmetics and cosmetic preparations, dietary and nutritional supplements, food and nutritional goods, beverages, edible oils, candles, candies, chocolate, sweets, candy bars, coffee, confectionery, and vaporizers; Retail store services featuring body care products, cosmetics and cosmetic preparations, dietary and nutritional supplements, food and nutritional goods, beverages, edible oils, candles, candies, chocolate, sweets, candy bars, coffee, confectionery, and vaporizers
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: On-line wholesale and retail store services featuring cosmetics, namely, non-medicated salves, skin cream, lip balm, skin moisturizers, facial cleansers, skincare in the nature of cosmetic body care preparations, namely, body, hand and facial creams, bath and skin lotions, skin moisturizers, shampoo, conditioners, body washes, soaps, perfumery, essential oils, nutritional supplements and vitamins, health food supplements, herbal supplements, mineral nutritional supplements, natural dietary supplements, natural herbal supplements, nutritional supplements, nutritional supplements for eliminating toxins, nutritional supplements for promoting healthy skin, nutritional supplements in the form of capsules, nutritional supplements in the form of gels, topical nutritional supplements for promoting healthy skin, vitamin supplements, vitamin and mineral supplements, coffee, non-alcoholic drinks, preparations for making beverages and candles; On-line wholesale and retail store services featuring cosmetics, namely, non-medicated salves, skin¶
cream, lip balm, skin moisturizers, facial cleansers, nutritional supplements and vitamins, health food¶
supplements, herbal supplements, mineral nutritional supplements, natural dietary supplements,¶
natural herbal supplements, nutritional supplements; Promoting public awareness of the interests of health and wellness, natural skincare and cosmetics; Promoting public awareness of health and¶
wellness, natural skincare and cosmetics; Providing consumer information in the field of cosmetics, toiletries, food products, beverage products, and clothing via a website; Providing consumer information in the field of cosmetics,¶
toiletries, food products, beverage products, and clothing via a website; On-line retail store services featuring body care products, cosmetics and cosmetic preparations, dietary and nutritional supplements, food and nutritional goods, beverages, edible oils, candles, candies, chocolate, sweets, candy bars, coffee, confectionery, and vaporizers; On-line retail store services¶
featuring food and nutritional goods, beverages, edible oils, candles, candies, chocolate, sweets, candy¶
bars, coffee, confectionery, and vaporizers; Retail store services featuring body care products, cosmetics and cosmetic preparations, dietary and nutritional supplements, food and nutritional goods, beverages, edible oils, candles, candies, chocolate, sweets, candy bars, coffee, confectionery, and vaporizers; Retail store services featuring body care products, dietary¶
and nutritional supplements, food and nutritional goods, beverages, edible oils, candles, candies,chocolate, sweets, candy bars, coffee, confectionery, and vaporizersClass 035 for On-line wholesale and retail store services featuring cosmetics, namely, non-medicated salves, skin cream, lip balm, skin moisturizers, facial cleansers, nutritional supplements and vitamins, health food supplements, herbal supplements, mineral nutritional supplements, natural dietary supplements, natural herbal supplements, nutritional supplements; Promoting public awareness of health and wellness, natural skincare and cosmetics; Providing consumer information in the field of cosmetics, toiletries, food products, beverage products, and clothing via a website; On-line retail store services featuring food and nutritional goods, beverages, edible oils, candles, candies, chocolate, sweets, candy bars, coffee, confectionery, and vaporizers; Retail store services featuring body care products, dietary and nutritional supplements, food and nutritional goods, beverages, edible oils, candles, candies,chocolate, sweets, candy bars, coffee, confectionery, and vaporizers
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):
      MARINA L. LANG
      PRIMARY EMAIL FOR CORRESPONDENCE: uspto@socalip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mlang@socalip.com; alomonaco@socalip.com

The docket/reference number is H254.T21938.
Correspondence Information (proposed):
      Marina L. Lang
      PRIMARY EMAIL FOR CORRESPONDENCE: uspto@socalip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mlang@socalip.com; alomonaco@socalip.com

The docket/reference number is H254.T21938.

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: /Marina L. Lang/     Date: 12/13/2022
Signatory's Name: Marina L. Lang
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: (805) 230-1350 Signature method: Sent to third party for signature

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    MARINA L. LANG
   SOCAL IP LAW GROUP LLP
   
   310 N WESTLAKE BLVD., SUITE 120
   WESTLAKE VILLAGE, California 91362
Mailing Address:    Marina L. Lang
   SOCAL IP LAW GROUP LLP
   310 N WESTLAKE BLVD., SUITE 120
   WESTLAKE VILLAGE, California 91362
        
Serial Number: 97242456
Internet Transmission Date: Wed Dec 14 12:42:50 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2022121412425016
5047-97242456-850988addf33cf6a11dd03d77c
ccf4e454a9e9ea65e0725ffd84e549b6c4619-N/
A-N/A-20221207130808342885