Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

---

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. 77106287 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 014 for Jewelry, watches and clocks
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)).

Proposed: Class 014 for Jewelry, watches, clocks, jewelry boxes not made of precious metals
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Articles made from leather and imitations of leather, and not included in other classes; bags; tote bags; purses; handbags; wallets; umbrellas; diaper bags
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)).

Proposed: Class 018 for Articles made from leather and imitations of leather, namely, calling card cases, change purses, coin purses, fanny packs, luggage, luggage tags, knapsacks, key cases, leather key chains, satchels, waist packs, wallets; bags, namely, all purpose sport bags, athletic bags, baby backpacks, backpacks, beach bags, book bags, duffel bags, gym bags, overnight bags; shopping bags of canvas, mesh, or textile; tote bags; purses; handbags; wallets; umbrellas; diaper bags
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Jewelry boxes not made of precious metals; picture frames; sleeping bags; mirrors; badges; pillows; furniture
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)).

Proposed: Class 020 for Picture frames; sleeping bags; mirrors; plastic name badges; pillows; furniture; wind chimes
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Housewares; household containers dinnerware; glassware; beverageware; coasters; removable insulators for drink cans and bottles; lunch kits consisting of lunch boxes and insulated containers; trays; hair brushes and hair combs; toothbrushes; figurines; plastic cups; cookie jars; paper cups; paper plates; wind chimes; wastepaper baskets
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)).

Proposed: Class 021 for Housewares, namely, bowls, brooms, cake pans, cake molds, cake servers, candle holders not of precious metal, candle snuffers, cookie cutters, cork screws, cups, decorating bags for confectioners, decorative crystal prisms, decorative glass not for building, decorative plates, dishes, figurines made of china, crystal, earthenware, glass, ceramics, or porcelain, heat-insulated vessels, insulating sleeve holders for beverage containers, lunch boxes, mugs, napkin holders, napkin rings not of precious metals, pie pans, pie servers, plates, sports bottles sold empty, soap dishes, tea kettles, tea sets, thermal insulated containers for food or beverage, trays not of precious metal, trivets, vacuum bottles, waste baskets, containers for household use; dinnerware; beverage glassware; beverageware; coasters not of paper and not being table linen; removable insulators for drink cans and bottles in the nature of insulating sleeve holders for beverage cans and bottles; lunch kits consisting of lunch boxes and insulated containers for food or beverage; hair brushes and hair combs; toothbrushes; plastic cups; cookie jars; paper cups; paper plates
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Textiles; fabric; bed linen; table linen; bath linen; textile articles not included in other classes
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)).

Proposed: Class 024 for Textiles, namely, textile napkins, textile place mats, textile tablecloths; fabrics, namely, calico; afghans; aprons; barbecue mitts; bath towels; bed blankets; bed canopies; bed sheets; bed skirts; bed spreads; blanket throws; children's blankets; cloth coasters; cloth doilies; cloth flags; cloth pennants; comforters; crib bumpers; curtains; fabric flags; felt pennants; golf towels; hand towels; handkerchiefs; hooded towels; kitchen towels; oven mitts; pillow cases; pillow covers; pot holders; quilts; receiving blankets; silk blankets; throws; towels; washcloths; woolen blankets; bed linen; table linen; bath linen; household linen
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Confectionery and chewing gum; breakfast cereals and preparations made from cereals; cereal bars; bread; muffins; muffin bars; pastry; waffles; pancakes; cookies; crackers; biscuits; popcorn; corn chips; pretzels; puddings; coffee; tea
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)).

Proposed: Class 030 for Confectionery, namely, candy, cake decorations made of candy, chocolate, confectionery chips for baking, frozen confections, frozen yogurt, ice cream, ice milk, licorice, marshmallows, sherberts; bubble gum; chewing gum; breakfast cereals; oatmeal; preparations made from cereals, namely, ready to eat cereal derived food bars, cereal-based snack foods; bread; muffins; pastries; waffles; pancakes; pancake mixes; cookies; crackers; biscuits; popcorn; corn chips; pretzels; puddings; coffee; tea
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)).

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
"Applicant claims ownership of U.S. Registration Number(s) 3024286, 3024287, 3038490."

SIGNATURE(S)
Response Signature
Signature: /swa/     Date: 11/26/2007
Signatory's Name: Steve W. Ackerman
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is either (1) an attorney who is a member in good standing of the bar of the highest court of a U.S. state; or (2) a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment and Discipline. He/she further confirms that (1) the applicant has not previously been represented in this matter by an authorized attorney; and (2) he/she is the applicant's attorney or an associate of that attorney.

        
Serial Number: 77106287
Internet Transmission Date: Mon Nov 26 17:13:49 EST 2007
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20071126171349879
828-77106287-410df2e6d5c28ad7579d867e5cc
c659c6-N/A-N/A-20071126163122079705