| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76532305 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The examiner has indicated that it found no similar registered mark which would bar registration. However, the examiner has indicated that there may be a likelihood of confusion between the applicant's mark and pending application serial number 76/532305.
The applicant states that the applicant in the cited pending application, Arabella Textiles, LLC, has a direct connection between the present applicant Signature Textiles, LLC. Each of these entities shares a common president/member, Deborah Connolly, who has authorized the filing of each application with the U.S. Patent and Trademark Office. Ms. Connolly is the sole member of each of the respective companies and is responsible for maintaining the nature and quality control of the goods that have been, and will be sold through the mark. Thus, the two entities are related as defined in 15 U.S.C. § 1055 and 1127. A declaration indicating this fact is included herein. Thus, the applicant respectfully requests that the examiner withdraw its objection based upon application serial number 76/532305. |
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 024 |
| DESCRIPTION | |
| BASED ON USE-- fabrics, namely towels BASED ON INTENT TO USE-- pot holders, oven mitts, shower curtains, window curtains, drapes, placemats, table runners, table clothes, cocktail napkins, blankets, quilts, throws, and bedding | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 06/15/2003 |
| FIRST USE IN COMMERCE DATE | 06/15/2003 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 024 |
| DESCRIPTION | |
| BASED ON USE-- fabrics, namely towels in International Class 024 BASED ON INTENT TO USE-- fabrics, namely pot holders, oven mitts, shower curtains, window curtains, draperies, textile placemats, fabric table runners, table clothes not of paper, textile cocktail napkins, blankets, quilts, decorative throws that are printed, quilted, woven or jacquard, and bedding, namely sheets, pillowcases, shams, and duvet covers, in International Class 024. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 06/15/2003 |
| FIRST USE IN COMMERCE DATE | 06/15/2003 |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| SIGNATURE | /Lance C. Venable/ |
| SIGNATORY NAME | Lance C. Venable |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 04/02/2004 |
| SIGNATURE | /Lance C. Venable/ |
| SIGNATORY NAME | Lance C. Venable |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 04/02/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Apr 02 19:44:20 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2004 0402194420789188-76532305 -200ef4ecfe4d07dfb3bf9225 e344be7a38f-N-N-200404021 94237562893 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76532305 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
The examiner has indicated that it found no similar registered mark which would bar registration. However, the examiner has indicated that there may be a likelihood of confusion between the applicant's mark and pending application serial number 76/532305.
The applicant states that the applicant in the cited pending application, Arabella Textiles, LLC, has a direct connection between the present applicant Signature Textiles, LLC. Each of these entities shares a common president/member, Deborah Connolly, who has authorized the filing of each application with the U.S. Patent and Trademark Office. Ms. Connolly is the sole member of each of the respective companies and is responsible for maintaining the nature and quality control of the goods that have been, and will be sold through the mark. Thus, the two entities are related as defined in 15 U.S.C. § 1055 and 1127. A declaration indicating this fact is included herein. Thus, the applicant respectfully requests that the examiner withdraw its objection based upon application serial number 76/532305. |
|
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 024 for BASED ON USE-- fabrics, namely towels BASED ON INTENT TO USE-- pot holders, oven mitts, shower curtains, window curtains, drapes, placemats, table runners, table clothes, cocktail napkins, blankets, quilts, throws, and bedding | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 024 for BASED ON USE-- fabrics, namely towels in International Class 024 BASED ON INTENT TO USE-- fabrics, namely pot holders, oven mitts, shower curtains, window curtains, draperies, textile placemats, fabric table runners, table clothes not of paper, textile cocktail napkins, blankets, quilts, decorative throws that are printed, quilted, woven or jacquard, and bedding, namely sheets, pillowcases, shams, and duvet covers, in International Class 024. | |
| New/Additional Basis: | |
| Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)). | |
| Declaration Signature |
|
| The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response. | |
| Signature: /Lance C. Venable/ Date: 04/02/2004 | |
| Signatory's Name: Lance C. Venable | |
| Signatory's Position: Attorney | |
| Response Signature | |
| Signature: /Lance C. Venable/ Date: 04/02/2004 | |
| Signatory's Name: Lance C. Venable | |
| Signatory's Position: Attorney | |
| Serial Number: 76532305 | |
| Internet Transmission Date: Fri Apr 02 19:44:20 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004040219442078918 8-76532305-200ef4ecfe4d07dfb3bf9225e344b e7a38f-N-N-20040402194237562893 |