PR-Teas-Response to Post Reg Office Act

PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

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PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number: 2184128

FORM TEXT:

The November 19, 2019 Office action refused to accept the Section 7 amendment filed on May 1, 2019 on the basis that Registrant had not submitted a specimen showing use of the mark at least as early as the filing date of the Section 7 amendment.  The Section 7 amendment was submitted to substitute a color drawing for the former black-and-white drawing in this registration under Section 1609.02(e) of the Trademark Manual of Examining Procedure (“TMEP”).  Section 1609.02(e) provides that:  “No specimen is required if the owner is merely substituting a color drawing for a legally equivalent black-and-white drawing, and is not amending the mark.”  Therefore, no specimen should be required and Registrant respectfully requests that the Section 7 amendment be accepted. 

The filer has elected to bypass the checkbox indicating that a substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71.Warning: If you are providing a substitute specimen and do not provide the required statement verifying use, upon review of your response, if it is determined that verification is required, another Office action will issue requiring this statement to complete your response. The owner proposes to amend the following:
Current: TIFFANY (NJ) LLC, having an address of
      15 SYLVAN WAY
      PARSIPPANY, New Jersey 07054
      United States

Proposed: TIFFANY (NJ) LLC, having an address of
      15 SYLVAN WAY
      PARSIPPANY, New Jersey 07054
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Lawrence E. Apolzon. Lawrence E. Apolzon of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      United States
The docket/reference number is TFFJ 0306419.

The phone number is 212-813-5900.

The email address is Apolzon-docket@fzlz.com

The owner's/holder's proposed attorney information: Lawrence E. Apolzon. Other appointed attorneys are Lawrence E. Apolzon, Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Charles T.J. Weigell, Ashford Tucker, Tamar Niv Bessinger. Lawrence E. Apolzon of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      151 West 42nd Street, 17th Floor
      NEW YORK, New York 10036
      United States
The docket/reference number is TFFJ 0306419.

The phone number is 212-813-5900.

The email address is Apolzon-PR@fzlz.com

Lawrence E. Apolzon submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Lawrence E. Apolzon
      PRIMARY EMAIL FOR CORRESPONDENCE: Apolzon-docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is TFFJ 0306419.
Correspondence Information (proposed):
      Lawrence E. Apolzon
      PRIMARY EMAIL FOR CORRESPONDENCE: Apolzon-PR@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is TFFJ 0306419.

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).

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /kl/      Date: 04/14/2020
Signatory's Name: Lim, Karen
Signatory's Position: Attorney

Submission Signature
Signature: /kl/     Date: 04/14/2020
Signatory's Name: Lim, Karen
Signatory's Position: Attorney

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:    Lawrence E. Apolzon
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   4 TIMES SQUARE, 17TH FLOOR
   NEW YORK, New York 10036
Mailing Address:    Lawrence E. Apolzon
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   151 West 42nd Street, 17th Floor
   NEW YORK, New York 10036
        
Serial Number: 75360201
Internet Transmission Date: Tue Apr 14 17:42:41 ET 2020
TEAS Stamp: USPTO/TRS-XX.XXX.XXX.XX-2020041417424143
4009-2184128-20200414152522060474-N/A-N/
A-20200414152522060474