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. 79085027 has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments, Assignment, ETAS confirmation receipt has been attached.
Original PDF file:
evi_216759226-103147336_._VANQUISH_exected_Assignment.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_216759226-103147336_._VANQUISH_-_assignment.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_216759226-103147336_._VANQUISH_assignment_confirmation_receipt.pdf
Converted PDF file(s) (1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Spectacles (eyeglasses and goggles); phonograph records; metronomes; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; downloadable music files; exposed cinematographic films; exposed slide films; slide film mounts; downloadable image files; recorded video discs and video tapes; electronic publications
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Spectacles (eyeglasses and goggles); Spectacles, eyeglasses and goggles for sports; phonograph records; phonograph records featuring fashion; metronomes; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; downloadable music files; exposed cinematographic films; exposed slide films; slide film mounts; downloadable image files; downloadable image files featuring fashion; recorded video discs and video tapes; electronic publications; electronic publications, namely books, magazines and manuals featuring fashion recorded on computer mediaClass 009 for Spectacles, eyeglasses and goggles for sports; phonograph records featuring fashion; metronomes; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; downloadable music files; exposed cinematographic films; exposed slide films; slide film mounts; downloadable image files featuring fashion; recorded video discs and video tapes; electronic publications, namely books, magazines and manuals featuring fashion recorded on computer media

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Ornaments (jewellery, jewelry); precious metals; key rings (trinkets or fobs); unwrought and semi-wrought precious stones and their imitations; clocks and watches
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Ornaments (jewellery, jewelry); Ornaments, namely, necklaces, rings, bracelets, anklets, pierced earrings, earrings, brooches, cuff links, wallet chains; precious metals; key rings; key rings (trinkets or fobs); unwrought and semi-wrought precious stones and their imitations; clocks and watchesClass 014 for Ornaments, namely, necklaces, rings, bracelets, anklets, pierced earrings, earrings, brooches, cuff links, wallet chains; key rings; unwrought and semi-wrought precious stones and their imitations; clocks and watches

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Bags and the like; pouches and the like; handbag frames; purse frames; industrial packaging containers of leather; vanity cases (not fitted); umbrellas; walking sticks; canes; metal parts of canes and walking-sticks; walking stick handles; fur
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Bags and the like; Bags and the like, namely, waist bags, carry-on bags, shoulder bags, small bags, tote bags, handbags, business bags, boston bags, rucksacks; pouches and the like; pouches and the like, namely, purses, mobile phone cases, card cases, key cases; handbag frames; purse frames; industrial packaging containers of leather; vanity cases (not fitted); unfitted vanity cases; umbrellas; walking sticks; canes; metal parts of canes and walking-sticks; walking stick handles; furClass 018 for Bags and the like, namely, waist bags, carry-on bags, shoulder bags, small bags, tote bags, handbags, business bags, boston bags, rucksacks; pouches and the like, namely, purses, mobile phone cases, card cases, key cases; handbag frames; purse frames; industrial packaging containers of leather; unfitted vanity cases; umbrellas; walking sticks; canes; metal parts of canes and walking-sticks; walking stick handles; fur

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing; garters; sock suspenders; suspenders (braces); waistbands; belts (clothing); shoes and boots (other than "shoe dowels, shoe pegs, shoe handles, hobnails and shoe protective metal members")
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Clothing; Clothing, namely, coats, jackets, sweat shirts, sweaters, vests, t-shirts, shirts, suits, trousers, skirts, underwear, Japanese traditional clothing, swimwear, one-piece dresses, socks and stockings, caps and hats, neckties, mufflers, stoles, bandanas, scarves, gloves; garters; sock suspenders; suspenders (braces); suspenders; waistbands; belts (clothing); belts; shoes and boots (other than "shoe dowels, shoe pegs, shoe handles, hobnails and shoe protective metal members"); shoes and bootsClass 025 for Clothing, namely, coats, jackets, sweat shirts, sweaters, vests, t-shirts, shirts, suits, trousers, skirts, underwear, Japanese traditional clothing, swimwear, one-piece dresses, socks and stockings, caps and hats, neckties, mufflers, stoles, bandanas, scarves, gloves; garters; sock suspenders; suspenders; waistbands; belts; shoes and boots

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Current:

Proposed:
Lawrence E. Abelman of Abelman, Frayne & Schwab, having an address of
10th Fl. 666 Third Avenue New York, New York 10017
United States
docket@lawabel.com
2129499022
2129499190
The attorney docket/reference number is 993340.


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
SUZUKI Seigoh
Pacific City Shiba Bldg., 6th Floor,
29-10, Shiba 2-chome,
Tokyo 105-0014
JAPAN

Proposed:
Lawrence E. Abelman of Abelman, Frayne & Schwab, having an address of
10th Fl. 666 Third Avenue New York, New York 10017
United States
docket@lawabel.com
2129499022
2129499190
The attorney docket/reference number is 993340.



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 and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 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. 2.44. 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. Section 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. Section 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: /lea/      Date: 04/18/2011
Signatory's Name: Lawrence E. Abelman
Signatory's Position: Attorney of record, NY Bar

Response Signature
Signature: /lea/     Date: 04/18/2011
Signatory's Name: Lawrence E. Abelman
Signatory's Position: Attorney of record, NY Bar

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:    Lawrence E. Abelman
   Abelman, Frayne & Schwab
   10th Fl.
   666 Third Avenue
   New York, New York 10017
        
Serial Number: 79085027
Internet Transmission Date: Mon Apr 18 10:51:07 EDT 2011
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20110418105107958
665-79085027-480aba72d26c9bae9ed847e8c59
6393-N/A-N/A-20110418103147336668