PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77292815 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=77292815 |
LITERAL ELEMENT |
DEFIANCE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
024 |
DESCRIPTION |
fabrics in the piece for use in the manufacture of furniture |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 09/24/2007 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/18/2001 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
024 |
DESCRIPTION |
fabrics in the piece for use in the manufacture of furniture |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/18/2001 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/24/2007 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/CK/ |
SIGNATORY'S NAME |
Christopher Kelly |
SIGNATORY'S POSITION |
Attorney of record |
SIGNATORY'S PHONE NUMBER |
202.719.7000 |
DATE SIGNED |
01/23/2012 |
RESPONSE SIGNATURE |
/ck/ |
SIGNATORY'S NAME |
Christopher Kelly |
SIGNATORY'S POSITION |
Attorney of record |
SIGNATORY'S PHONE NUMBER |
202.719.7000 |
DATE SIGNED |
01/23/2012 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jan 23 15:20:56 EST 2012 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20120123152056109006-7729
2815-490959bb3dece478fe9e
5a5942d545a9b6-N/A-N/A-20
120123151745302653 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77292815 DEFIANCE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=77292815) 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 024 for fabrics in the piece for use in the manufacture of furniture
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/24/2007 and first used in commerce at least as early as 05/18/2001 , and
is now in use in such commerce.
Proposed: Class 024 for fabrics in the piece for use in the manufacture of furniture
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/18/2001 and first used in commerce at least as early as 09/24/2007 , and
is now in use in such commerce.
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: /CK/ Date: 01/23/2012
Signatory's Name: Christopher Kelly
Signatory's Position: Attorney of record
Signatory's Phone Number: 202.719.7000
Response Signature
Signature: /ck/ Date: 01/23/2012
Signatory's Name: Christopher Kelly
Signatory's Position: Attorney of record
Signatory's Phone Number: 202.719.7000
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: 77292815
Internet Transmission Date: Mon Jan 23 15:20:56 EST 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201201231520561
09006-77292815-490959bb3dece478fe9e5a594
2d545a9b6-N/A-N/A-20120123151745302653