| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76671479 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
025 |
| DESCRIPTION |
| Apparel, namely, shirts, pants, shorts, skirts, dresses, footwear, headwear, undergarments, and hosiery |
| FIRST USE ANYWHERE DATE |
At least as early as 12/04/2007 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/04/2007 |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
025 |
| DESCRIPTION |
| Apparel, namely, shirts, pants, shorts, skirts, dresses, footwear, headwear, undergarments, and hosiery |
| FIRST USE ANYWHERE DATE |
At least as early as 12/04/2007 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/04/2007 |
| STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)." |
| SPECIMEN FILE NAME(S) |
| ORIGINAL PDF FILE |
SPU0-637319969-164115584_._STUDIO_35_-_Specimen_-_Footwear_-_Cl._25.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT\IMAGEOUT\766\714\76671479\xml1\ROA0002.JPG |
| SPECIMEN DESCRIPTION |
a hang tag depiciting the mark as used for ladies footwear. |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
| RESPONSE SIGNATURE |
/cary m. pumphrey/ |
| SIGNATORY'S NAME |
Cary M. Pumphrey |
| SIGNATORY'S POSITION |
Attorney for Applicant |
| DATE SIGNED |
04/28/2008 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Apr 28 16:52:22 EDT 2008 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
080428165222337463-766714
79-42046e56d68638ac84e333
82d3370930fd-N/A-N/A-2008
0428164115584129 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76671479 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Apparel, namely, shirts, pants, shorts, skirts, dresses, footwear, headwear, undergarments, and hosiery
Original Filing Basis:
Filing 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)).
In International Class 025, the mark was first used at least as early as 12/04/2007 and first used in commerce at least as early as 12/04/2007.
Proposed: Class 025 for Apparel, namely, shirts, pants, shorts, skirts, dresses, footwear, headwear, undergarments, and hosiery
Filing 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)).
In International Class 025, the mark was first used at least as early as 12/04/2007. and first used in commerce at least as early as 12/04/2007.
Applicant hereby submits a new specimen for Class 025. The specimen(s) submitted consists of a hang tag depiciting the mark as used for ladies footwear..
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU0-637319969-164115584_._STUDIO_35_-_Specimen_-_Footwear_-_Cl._25.pdf
Converted PDF file(s) (1 page)
Specimen File1
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /cary m. pumphrey/ Date: 04/28/2008
Signatory's Name: Cary M. Pumphrey
Signatory's Position: Attorney for Applicant
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 76671479
Internet Transmission Date: Mon Apr 28 16:52:22 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20080428165222337
463-76671479-42046e56d68638ac84e33382d33
70930fd-N/A-N/A-20080428164115584129
