Response to Office Action

SCARLET

Paul M. Schreiber

Response to Office Action

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 77343861
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 018
DESCRIPTION
fashion handbags, shoulderbags, purses, coin purses, totes, carry-ons, luggage, briefcases, portfolios, wallets, checkbook covers, backpacks, duffels, messenger bags, wristlets, and clutches constructed of leather, clothe material, or synthetic materials
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/08/2007
        FIRST USE IN COMMERCE DATE At least as early as 01/08/2007
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 018
DESCRIPTION
Fashion handbags, shoulder bags, purses, coin purses, tote bags, carry-on bags, luggage, briefcases, briefcase-type portfolios, wallets, checkbook covers, backpacks, duffel bags, messenger bags, wristlet bags, and clutches, all constructed of leather, cloth material, or synthetic materials
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/08/2007
       FIRST USE IN COMMERCE DATE At least as early as 01/08/2007
SIGNATURE SECTION
DECLARATION SIGNATURE /PAUL M. SCHREIBER/
SIGNATORY'S NAME PAUL M. SCHREIBER
SIGNATORY'S POSITION INDIVIDUAL
DATE SIGNED 07/24/2008
RESPONSE SIGNATURE /PAUL M. SCHREIBER/
SIGNATORY'S NAME PAUL M. SCHREIBER
SIGNATORY'S POSITION INDIVIDUAL
DATE SIGNED 07/24/2008
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jul 23 17:38:10 EDT 2008
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
080723173810815028-773438
61-4204ea3c09f816dac4550f
3fffdc7eca41e-N/A-N/A-200
80723173153118112



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. 77343861 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 018 for fashion handbags, shoulderbags, purses, coin purses, totes, carry-ons, luggage, briefcases, portfolios, wallets, checkbook covers, backpacks, duffels, messenger bags, wristlets, and clutches constructed of leather, clothe material, or synthetic materials
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 01/08/2007 and first used in commerce at least as early as 01/08/2007, and is now in use in such commerce.

Proposed: Class 018 for Fashion handbags, shoulder bags, purses, coin purses, tote bags, carry-on bags, luggage, briefcases, briefcase-type portfolios, wallets, checkbook covers, backpacks, duffel bags, messenger bags, wristlet bags, and clutches, all constructed of leather, cloth material, or synthetic materials
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 01/08/2007 and first used in commerce at least as early as 01/08/2007, 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 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). 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 or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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. §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: /PAUL M. SCHREIBER/      Date: 07/24/2008
Signatory's Name: PAUL M. SCHREIBER
Signatory's Position: INDIVIDUAL

Response Signature
Signature: /PAUL M. SCHREIBER/     Date: 07/24/2008
Signatory's Name: PAUL M. SCHREIBER
Signatory's Position: INDIVIDUAL

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 77343861
Internet Transmission Date: Wed Jul 23 17:38:10 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20080723173810815
028-77343861-4204ea3c09f816dac4550f3fffd
c7eca41e-N/A-N/A-20080723173153118112



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