PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77191990 |
LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
MARK SECTION (no change) |
ARGUMENT(S) |
RESPONSE TO OFFICE ACTION
This is in response to the Office Action dated November 3, 2010.
AMENDMENT
Please amend the application by substitution of the attached specimen for the specimen filed with the Statement of Use on September 30,
2010.
REMARKS
Applicant vehemently disputes the contention of the Examining Attorney that the originally submitted specimen does not support use of the mark FASHION
FREEDOM. However, to expedite the processing of this application, a substitute specimen showing the mark used on a hangtag to identify foundation garments is hereby
submitted.
The substitute specimen was used at least as early as the filing of the Statement of Use on September 30, 2010. A
declaration to this effect is attached.
The attached substitute specimen manifestly shows use of the FASHION FREEDOM mark as a brand identifying a bodybriefer, which is a type of foundation
garment.
Prompt consideration of the substitute specimen is respectfully requested so that this application may proceed to registration.
If the Examining Attorney has any questions concerning this matter, he is encouraged to contact applicant's counsel.
No fee is deemed necessary for this response. However, if the examining attorney believes a fee is necessary, the
Examining Attorney is authorized to charge Deposit Account No. 12-1095 therefor.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
FOUNDATION GARMENTS AND BRAS |
FIRST USE ANYWHERE DATE |
At least as early as 02/28/2009 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/28/2009 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
FOUNDATION GARMENTS AND BRAS |
FIRST USE ANYWHERE DATE |
At least as early as 02/28/2009 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/28/2009 |
STATEMENT TYPE |
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the
application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of
the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT11\IMAGEOUT 11\771\919\77191990\xml4\ ROA0002.JPG |
SPECIMEN DESCRIPTION |
hang tag |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/BRUCE H. SALES/ |
SIGNATORY'S NAME |
BRUCE H. SALES |
SIGNATORY'S POSITION |
ATTORNEY OF RECORD, NJ BAR MEMBER |
DATE SIGNED |
02/28/2011 |
RESPONSE SIGNATURE |
/BRUCE H. SALES/ |
SIGNATORY'S NAME |
BRUCE H. SALES |
SIGNATORY'S POSITION |
ATTORNEY OF RECORD, NJ BAR MEMBER |
DATE SIGNED |
02/28/2011 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Feb 28 14:43:39 EST 2011 |
TEAS STAMP |
USPTO/ROA-XXX.XX.X.X-2011
0228144339066691-77191990
-48062fd9221c192f7f95f4b9
4a9e8bbdbf-N/A-N/A-201102
28144225029011 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77191990 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
RESPONSE TO OFFICE ACTION
This is in response to the Office Action dated November 3, 2010.
AMENDMENT
Please amend the application by substitution of the attached specimen for the specimen filed with the Statement of Use on September 30,
2010.
REMARKS
Applicant vehemently disputes the contention of the Examining Attorney that the originally submitted specimen does not support use of the mark FASHION
FREEDOM. However, to expedite the processing of this application, a substitute specimen showing the mark used on a hangtag to identify foundation garments is hereby
submitted.
The substitute specimen was used at least as early as the filing of the Statement of Use on September 30, 2010. A
declaration to this effect is attached.
The attached substitute specimen manifestly shows use of the FASHION FREEDOM mark as a brand identifying a bodybriefer, which is a type of foundation
garment.
Prompt consideration of the substitute specimen is respectfully requested so that this application may proceed to registration.
If the Examining Attorney has any questions concerning this matter, he is encouraged to contact applicant's counsel.
No fee is deemed necessary for this response. However, if the examining attorney believes a fee is necessary, the
Examining Attorney is authorized to charge Deposit Account No. 12-1095 therefor.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for FOUNDATION GARMENTS AND BRAS
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 02/28/2009 and first used in commerce at least as early as 02/28/2009.
Proposed: Class 025 for FOUNDATION GARMENTS AND BRAS
Deleted Filing Basis: 1(b)
In International Class 025, the mark was first used at least as early as 02/28/2009. and first used in commerce at least as early as 02/28/2009.
Applicant hereby submits a new specimen for Class 025. The specimen(s) submitted consists of hang tag.
"
The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in
Commerce] OR "
The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for
filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
Specimen File1
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is
seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37
C.F.R. Sec. 2.44. 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 application on behalf of the
applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes
applicant to be entitled to use such mark in commerce; 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/services of such other person, to cause confusion, or to cause mistake,
or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and
all statements in the original application and this submission made on information and belief are believed to be true.
Signature: /BRUCE H. SALES/ Date: 02/28/2011
Signatory's Name: BRUCE H. SALES
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER
Response Signature
Signature: /BRUCE H. SALES/ Date: 02/28/2011
Signatory's Name: BRUCE H. SALES
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER
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: 77191990
Internet Transmission Date: Mon Feb 28 14:43:39 EST 2011
TEAS Stamp: USPTO/ROA-XXX.XX.X.X-2011022814433906669
1-77191990-48062fd9221c192f7f95f4b94a9e8
bbdbf-N/A-N/A-20110228144225029011