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. 77866778 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

Dear Sir:

In response to the Official Action mailed January 27, 2010, the applicant hereby submits the following amendment, remarks and request for reconsideration.

            Please amend the identification of goods and International Classes as follows:

"Clothing, namely shirts, pants, and skirts, and hats" in IC 025

"Sun block, cream or spray for topical application" in IC 003

"Towels" in IC 024

             A Request To Divide Application for the goods "Umbrellas" is being filed contemporaneously under separate cover.  The Request amends the classification of "Umbrellas" into IC 018 and Applicant adds the disclaimer "No claim is made to the exclusive right to use 'UMBRELLA' apart from the mark as shown," in the divisional application.

REMARKS

            Applicant notes that the Examining Attorney has found no similar registered or pending marks that would bar registration of the applied-for mark. 

            The Examining Attorney requires the Applicant to disclaim the descriptive wording "UMBRELLA" apart from the mark as it relates to the goods in IC 018 namely "umbrellas." Applicant has divided out the goods in IC 018 and thus believes no disclaimer is required with respect to the remaining goods in this Application. Applicant has added the disclaimer "No claim is made to the exclusive right to use 'UMBRELLA' apart from the mark as shown" for the goods "Umbrellas," in the divided Application.

            The Examining Attorney requires the wording "clothing" in the identification of goods be amended to further specify the nature and/or type of clothing by common commercial name.  Applicant has amended the identification of goods to specify that the goods in IC 025 are for "Clothing, namely shirts, pants, and skirts, and hats."

            The Examining Attorney requires Applicant to amend the identification of goods for IC 003 by either removing the parentheses in "Sun block (cream or spray for topical application)" or incorporating the parenthetical information into the description.  Applicant has amended the identification of goods for IC 003 to read "Sun block, cream or spray for topical application."

            For all of the above reasons, the applicant respectfully submits that the application is presently in condition for allowance, and reconsideration and allowance thereof is respectfully requested.

            The Trademark Examining Attorney is encouraged to contact the undersigned attorney to discuss any matter that would clarify this submission, and expedite allowance of the application.

            The Commissioner is hereby authorized to credit overpayments or charge payment of any additional fees associated with this communication to Deposit Account No.  502104.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Umbrellas
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: Umbrellas; Sun block, cream or spray for topical applicationClass 003 for Sun block, cream or spray for topical application
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Towels
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: Towels; UmbrellasClass 018 for Umbrellas
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Clothing and hats
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 and hats; TowelsClass 024 for Towels
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Sun block (cream or spray for topical application)
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: Sun block (cream or spray for topical application); Clothing, namely shirts, pants, and skirts, and hatsClass 025 for Clothing, namely shirts, pants, and skirts, and hats
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)).

SIGNATURE(S)
Response Signature
Signature: /John Christopher/     Date: 05/27/2010
Signatory's Name: John Christopher
Signatory's Position: Attorney of Record, Florida 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: 77866778
Internet Transmission Date: Thu May 27 11:31:01 EDT 2010
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201005271131015
87348-77866778-4609a622cb12537fa254a394b
0721c8e9a-N/A-N/A-20100527103547094913