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 |
77620336 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
014 |
DESCRIPTION |
Jewelry |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2000 |
FIRST USE IN COMMERCE DATE |
At least as early as 10/30/2008 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
014 |
DESCRIPTION |
Jewelry |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2000 |
FIRST USE IN COMMERCE DATE |
At least as early as 10/30/2008 |
STATEMENT TYPE |
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the
application." |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT7\IMAGEOUT7 \776\203\77620336\xml1\RO A0002.JPG |
SPECIMEN DESCRIPTION |
a scanned/digital picture of the store showing the mark in use |
ADDITIONAL STATEMENTS SECTION |
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) |
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Elizabeth 'Bess' Abraham, whose consent(s) to register is made
of record. |
CONSENT FILE NAME(S) |
ORIGINAL PDF FILE |
N0-712189887-231509317_._bess_consent.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT7\IMAGEOUT7\776\203\77620336\xml1\ROA0003.JPG |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/annie tunheim/ |
SIGNATORY'S NAME |
Annie Tunheim |
SIGNATORY'S POSITION |
Attorney of record, Colorado bar member. |
DATE SIGNED |
08/12/2009 |
RESPONSE SIGNATURE |
/annie tunheim/ |
SIGNATORY'S NAME |
Annie Tunheim |
SIGNATORY'S POSITION |
Attorney of record, Colorado bar member. |
DATE SIGNED |
08/12/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Aug 12 23:18:32 EDT 2009 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
090812231832632934-776203
36-430fae78d79de758ce0462
7674b295052eb-N/A-N/A-200
90812231509317055 |
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.
77620336 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
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 00/00/2000 and first used in commerce at least as early as 10/30/2008, and is
now in use in such commerce.
Proposed: Class 014 for Jewelry
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 00/00/2000 and first used in commerce at least as early as 10/30/2008, and is
now in use in such commerce.
Applicant hereby submits a new specimen for Class 014. The specimen(s) submitted consists of a scanned/digital picture of the store showing the mark in use.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Elizabeth 'Bess' Abraham, whose consent(s) to register is made of record.
Original PDF file:
N0-712189887-231509317_._bess_consent.pdf
Converted PDF file(s) (1 page)
Consent 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: /annie tunheim/ Date: 08/12/2009
Signatory's Name: Annie Tunheim
Signatory's Position: Attorney of record, Colorado bar member.
Response Signature
Signature: /annie tunheim/ Date: 08/12/2009
Signatory's Name: Annie Tunheim
Signatory's Position: Attorney of record, Colorado 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: 77620336
Internet Transmission Date: Wed Aug 12 23:18:32 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20090812231832632
934-77620336-430fae78d79de758ce04627674b
295052eb-N/A-N/A-20090812231509317055