| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 76591959 |
| LAW OFFICE ASSIGNED | LAW OFFICE 115 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Applicant overcomes the final Office Action by the present Response. Applicant believes that this Amendment places the case in conditional for approval for publication. In the alternative, Applicant submits that a new issue has been raised by the presently amended identification of goods, and that a new, non-final Official Action should be issued, in accord with TMEP §715.03(b) (April, 2005). Applicant maintains that the identification of goods is in full compliance with the statute and regulations, but in order to expedite the application, please amend the identification of goods as suggested in the last paragraph on page 2 of the Office Action. Applicant makes the foregoing amendment of the identification of goods without surrendering any of the scope of the previous identification of goods. Thus, if any further amendments are required in order to obtain approval, then Applicant is entitled to the full scope of the previous identification of goods. At the time that the application is approved, Applicant surrenders the scope of the previous identification of goods to the extent that it exceeds the approved identification of goods. Submitted herewith is a "Declaration Supporting Substitute Specimen" that was signed on or about December 18, 2005. This overcomes the objection numbered "1" on page 2 of the Office Action. The Office Action asks Applicant to confirm that the mark does not include a particular size or color. In response, Applicant states that "the mark consists of standard characters without claim to any particular font style, size or color." |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT7\IMAGEOUT7 \765\919\76591959\xml1\RO A0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | Declaration Supporting Substitute Specimen |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| Clothing, namely, suits, suit coats, sweat suits, sport shirts, sport coats, jackets, sweat pants, pants, skirts, athletic shoes; hats and caps | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 06/15/2001 |
| FIRST USE IN COMMERCE DATE | At least as early as 06/15/2001 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| Polyester fiber sold as a component of clothing, namely, suits, suit coats, sweat suits, sport shirts, sport coats, jackets, sweat pants, pants, skirts, athletic shoes; hats and caps | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 06/15/2001 |
| FIRST USE IN COMMERCE DATE | At least as early as 06/15/2001 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /ThomasJMoore/ |
| SIGNATORY NAME | Thomas J. Moore |
| SIGNATORY POSITION | Owner's Attorney |
| SIGNATURE DATE | 12/27/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Dec 27 09:14:34 EST 2005 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.X-20 051227091434781771-765919 59-320d963c711de4679348a8 51f7ecb776b17-N/A-N/A-200 51227090558889129 |
| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Applicant overcomes the final Office Action by the present Response. Applicant believes that this Amendment places the case in conditional for approval for publication. In the alternative, Applicant submits that a new issue has been raised by the presently amended identification of goods, and that a new, non-final Official Action should be issued, in accord with TMEP §715.03(b) (April, 2005).
Applicant maintains that the identification of goods is in full compliance with the statute and regulations, but in order to expedite the application, please amend the identification of goods as suggested in the last paragraph on page 2 of the Office Action.
Applicant makes the foregoing amendment of the identification of goods without surrendering any of the scope of the previous identification of goods. Thus, if any further amendments are required in order to obtain approval, then Applicant is entitled to the full scope of the previous identification of goods. At the time that the application is approved, Applicant surrenders the scope of the previous identification of goods to the extent that it exceeds the approved identification of goods.
Submitted herewith is a "Declaration Supporting Substitute Specimen" that was signed on or about December 18, 2005. This overcomes the objection numbered "1" on page 2 of the Office Action.
The Office Action asks Applicant to confirm that the mark does not include a particular size or color. In response, Applicant states that "the mark consists of standard characters without claim to any particular font style, size or color."
