Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 77617642 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 Clothing, namely, t-shirts, shirts, polo shirts, sports uniforms, training wear, jerseys, sport jerseys, jackets, jumpers, headbands, wristbands and headwear
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:
Tracked Text Description: Clothing, namely, t-shirts, shirts, polo shirts, sports uniforms, training wear, jerseys, sport jerseys, jackets, jumpers, headbands, wristbands and headwear; Clothing, namely, t-shirts, shirts, polo shirts, sports uniforms, training suits, jerseys, sport jerseys, jackets, jumpers, headbands, wristbands and headwearClass 025 for Clothing, namely, t-shirts, shirts, polo shirts, sports uniforms, training suits, jerseys, sport jerseys, jackets, jumpers, headbands, wristbands and headwear
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)).

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
DAVID B. KIRSCHSTEIN, ESQ.
KIRSCHSTEIN OTTINGER ISRAEL & SCHIFFMILL
425 5TH AVE FL 5
NEW YORK, NY 10016-2223

Proposed:
David B. Kirschstein, Esq. of Kirschstein Israel Schiffmiller & Pieron, having an address of
425 Fifth Avenue, 5th Floor New York, New York 10016-2223
United States
dbk@kirschsteinlaw.com
212-697-3750
212-949-1690



ADDITIONAL STATEMENTS
Please see our attached comments.
Original PDF file:
M-20948846-124419533_._MOLTEN_Amendment_20090409124323.pdf
Converted PDF file(s) (1 page)
Miscellaneous 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 or services listed in the application as of the application filing date. 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. 244. 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: /DBK/      Date: 04/09/2009
Signatory's Name: David B. Kirschstein
Signatory's Position: Attorney

Response Signature
Signature: /DBK/     Date: 04/09/2009
Signatory's Name: David B. Kirschstein
Signatory's Position: Attorney

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.

Mailing Address:    David B. Kirschstein, Esq.
   Kirschstein Israel Schiffmiller & Pieron
   425 Fifth Avenue, 5th Floor
   New York, New York 10016-2223
        
Serial Number: 77617642
Internet Transmission Date: Thu Apr 09 12:47:57 EDT 2009
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-200904091247579963
72-77617642-4301265acd9cc88372ce9548fe5d
5fd9-N/A-N/A-20090409124419533394