The examiner rejects the specimen submitted with the application as showing merely an ornamental use. Applicant now
submits a substitute specimen, showing the mark as used on a hang tang on the goods. Accordingly, this use is a clear trademark use and should satisfy the requirement.
The substitute specimen was in use in commerce at least as early as the application filing date.
All statements made of his own knowledge are true and all statements made on information and belief are believed to be true; and further, that these statements
are made with the knowledge 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 this application or any registration resulting therefrom.
Respectfully submitted,
/bsl/
Bruce S. Londa
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS
025
DESCRIPTION
T-shirts, hats, socks, pajamas
FILING BASIS
Section 1(a)
FIRST USE ANYWHERE DATE
At least as early as 02/01/2004
FIRST USE IN COMMERCE DATE
At least as early as 02/01/2004
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS
025
DESCRIPTION
T-shirts, hats, socks, pajamas
FILING BASIS
Section 1(a)
FIRST USE ANYWHERE DATE
At least as early as 02/01/2004
FIRST USE IN COMMERCE DATE
At least as early as 02/01/2004
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."
Application serial no. 77621871 has been amended as follows:
ARGUMENT(S) In response to the substantive refusal(s), please note the following:
The examiner rejects the specimen submitted with the application as showing merely an ornamental use. Applicant now submits a substitute specimen, showing the mark as used
on a hang tang on the goods. Accordingly, this use is a clear trademark use and should satisfy the requirement.
The substitute specimen was in use in commerce at least as early as the application filing date.
All statements made of his own knowledge are true and all statements made on information and belief are believed to be true; and further, that these statements
are made with the knowledge 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 this application or any registration resulting therefrom.
Respectfully submitted,
/bsl/
Bruce S. Londa
CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant proposes to amend the following class of goods/services in the application: Current: Class 025 for T-shirts, hats, socks, pajamas
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 02/01/2004 and first used in commerce at least as early as 02/01/2004, and is
now in use in such commerce.
Proposed: Class 025 for T-shirts, hats, socks, pajamas 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 02/01/2004 and first used in commerce at least as early as 02/01/2004, and is
now in use in such commerce.
Applicant hereby submits a new specimen for Class 025. The specimen(s) submitted consists of photo of goods bearing a tag..
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." Original PDF file: SPU0-207237153196-160822663_._00142832.pdf Converted PDF file(s) (1 page) 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 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: /bsl/ Date: 08/18/2009
Signatory's Name: Bruce S. Londa
Signatory's Position: Attorney of Record, NY bar member
Response Signature
Signature: /bsl/ Date: 08/18/2009
Signatory's Name: Bruce S. Londa
Signatory's Position: Attorney of Record, NY 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: 77621871
Internet Transmission Date: Tue Aug 18 16:14:06 EDT 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20090818161406
340845-77621871-430de5ed3d54c8cd59ecba77
590751020ed-N/A-N/A-20090818160822663901