Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 78721111 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

RESPONSE TO OFFICE ACTION AND AMENDMENT

Body

In response to the Office Action dated April 7, 2006, please reexamine the application in view of the remarks and amendments provided below.

The Applicant filed an application (the “Applicant’s Application”) to register DIVA (the "Applicant's Mark") for leather and imitation leather sold in bulk; travel cases; suitcases; school bags; bags, namely all purpose sport bags, garment bags for travel, bags for campers, bags for climbers, cosmetic bags sold empty, duffel bags, clutch bags, net bags for shopping; handbags, travel bags; backpacks and umbrellas. 

AMENDMENT

Applicant amends the description of goods in Applicant’s Application to delete “leather and imitation leather sold in bulk; travel cases; suitcases; school bags; all purpose sport bags, garment bags for travel, bags for campers, bags for climbers, cosmetic bags sold empty, duffel bags, net bags for shopping; backpacks and umbrellas.” The new description of goods will accordingly read:

            Bags, namely clutch bags, handbags, and travel bags

SEARCH RESULTS

The trademark examiner has provided information regarding a pending application having Serial No. 78391191 of which the filing date precedes Applicant’s filing date.  Applicant respectfully requests that Applicant’s Application be suspended pending the disposition of the referenced application.

CONCLUSION

In light of the foregoing, Applicant hereby respectfully requests the Examining Attorney to suspend the application pending the disposition of the prior pending application Serial No. 78391191.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 018 for Leather and imitation leather sold in bulk; travel cases; suitcases; school bags; bags, namely all purpose sport bags, garment bags for travel, bags for campers, bags for climbers, cosmetic bags sold empty, duffel bags, clutch bags, net bags for shopping; handbags, travel bags; backpacks and umbrellas
Original Filing Basis: 1(b).
Proposed: Class 018 for Bags, namely clutch bags, handbags, and travel bags
Filing Basis: 1(b).

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: /cmt/      Date: 10/06/2006
Signatory's Name: Christopher M. Turk
Signatory's Position: Assistant Secretary and Authorized Signatory

Response Signature
Signature: /cmt/     Date: 10/06/2006
Signatory's Name: Christopher M. Turk
Signatory's Position: Assistant Secretary and Authorized Signatory
        
Serial Number: 78721111
Internet Transmission Date: Fri Oct 06 13:27:12 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20061006132712625
328-78721111-34040ef4722a2cf26792cf6c9f4
8d7235-N/A-N/A-20061006130745945673