Response to Office Action

AND WANDER

and wander inc.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79118856
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK FILE NAME http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79118856
LITERAL ELEMENT AND WANDER
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
ARGUMENT(S)

This response is being submitted in response to the non-final Office action mailed November 29, 2012. Applicant thanks the Examining Attorney for diligent examination of this application.

 

In the Office action, the Examining Attorney asserts that the identification of goods is indefinite and requires clarification. In response, Applicant amends the identification of goods, consistent with the Examining Attorney's suggestion.


Next, the Examining Attorney requires a description of the mark. In response, Applicant adopts the Examining Attorney's suggested description.

 

Applicant believes the application is now in condition for allowance, and requests that the application be approved for publication. Should any issues remain that may be resolved by telephone call, the Examining Attorney is encouraged to telephone the undersigned.

 

Respectfully Submitted,

 

Mark D. Alleman

Alleman Hall McCoy Russell & Tuttle LLP

GOODS AND/OR SERVICES SECTION (018)(current)
INTERNATIONAL CLASS 018
DESCRIPTION
Handbag frames; dog shoes; dog collars; clothing for dogs; dog bellybands; shoulder bags; briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; rucksacks; card cases; purses; key cases; money pouches; wallets; parasols (sun umbrellas); umbrellas; walking sticks; canes; leather and fur
GOODS AND/OR SERVICES SECTION (018)(proposed)
INTERNATIONAL CLASS 018
TRACKED TEXT DESCRIPTION
Handbag frames; dog shoes; shoulder bags; dog collars; briefcases; clothing for dogs; carry-on bags; dog bellybands; handbags; Boston bags; rucksacks; suitcases; purses; key cases; trunks; money pouches in the nature of coin purses; wallets; leather; card cases; money pouches; parasols (sun umbrellas); umbrellas; walking sticks; canes; leather and fur
FINAL DESCRIPTION
Handbag frames; shoulder bags; briefcases; carry-on bags; handbags; Boston bags; rucksacks; purses; key cases; money pouches in the nature of coin purses; wallets; leather
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Jackets; jogging pants; sweat pants; suits; skirts; trousers; coats; cardigans; sweaters; blouses; polo shirts; undershirts; swimwear; camisoles; tee-shirts; gloves and mittens; neckerchieves; bandanas; headgear for wear; belts for clothing; leather shoes; sneaker; boots; climbing boots (mountaineering boots)
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
TRACKED TEXT DESCRIPTION
Jackets; jogging pants; sweat pants; suits; skirts; trousers; coats; cardigans; sweaters; blouses; polo shirts; undershirts; swimwear; camisoles; tee-shirts; gloves and mittens; neckerchieves; bandanas; headgear for wear; headgear for wear, namely, headwear, hats, and caps; belts for clothing; leather shoes; sneaker; sneakers; boots; climbing boots (mountaineering boots); mountaineering boots, namely, climbing boots
FINAL DESCRIPTION
Jackets; jogging pants; sweat pants; suits; skirts; trousers; coats; cardigans; sweaters; blouses; polo shirts; undershirts; swimwear; camisoles; tee-shirts; gloves and mittens; neckerchieves; bandanas; headgear for wear, namely, headwear, hats, and caps; belts for clothing; leather shoes; sneakers; boots; mountaineering boots, namely, climbing boots
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the wording "AND WANDER" inside a triangle.
NEW ATTORNEY SECTION
NAME Mark D. Alleman
FIRM NAME Alleman Hall McCoy Russell & Tuttle LLP
INDIVIDUAL ATTORNEY
DOCKET/REFERENCE NUMBER
AWA13401MADUS
INTERNAL ADDRESS Suite 600
STREET 806 SW Broadway
CITY Portland
STATE Oregon
ZIP/POSTAL CODE 97205
COUNTRY United States
PHONE 503-459-4141
FAX 503-459-4142
EMAIL alleman@ahmrt.com
CORRESPONDENCE SECTION
ORIGINAL ADDRESS IKEUCHI KEITA
#301, 22-8, MOTOYOYOGI-CHO,
SHIBUYA-KU
TOKYO 151-0062
JP
NEW CORRESPONDENCE SECTION
NAME Mark D. Alleman
FIRM NAME Alleman Hall McCoy Russell & Tuttle LLP
DOCKET/REFERENCE NUMBER AWA13401MADUS
INTERNAL ADDRESS Suite 600
STREET 806 SW Broadway
CITY Portland
STATE Oregon
ZIP/POSTAL CODE 97205
COUNTRY United States
PHONE 503-459-4141
FAX 503-459-4142
EMAIL alleman@ahmrt.com
SIGNATURE SECTION
RESPONSE SIGNATURE /Mark D. Alleman/
SIGNATORY'S NAME Mark D. Alleman
SIGNATORY'S POSITION Attorney for Applicant, Oregon Bar Member
SIGNATORY'S PHONE NUMBER 503-459-4141
DATE SIGNED 02/05/2013
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Feb 05 20:46:19 EST 2013
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0130205204619411959-79118
856-500d46fb67fbe62160fdf
41df58bb1e33fb0467e54519d
172b2f8d774385bbd06c-N/A-
N/A-20130205201309796967



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 79118856 AND WANDER (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79118856) has been amended as follows:

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

This response is being submitted in response to the non-final Office action mailed November 29, 2012. Applicant thanks the Examining Attorney for diligent examination of this application.

 

In the Office action, the Examining Attorney asserts that the identification of goods is indefinite and requires clarification. In response, Applicant amends the identification of goods, consistent with the Examining Attorney's suggestion.


Next, the Examining Attorney requires a description of the mark. In response, Applicant adopts the Examining Attorney's suggested description.

 

Applicant believes the application is now in condition for allowance, and requests that the application be approved for publication. Should any issues remain that may be resolved by telephone call, the Examining Attorney is encouraged to telephone the undersigned.

 

Respectfully Submitted,

 

Mark D. Alleman

Alleman Hall McCoy Russell & Tuttle LLP



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Handbag frames; dog shoes; dog collars; clothing for dogs; dog bellybands; shoulder bags; briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; rucksacks; card cases; purses; key cases; money pouches; wallets; parasols (sun umbrellas); umbrellas; walking sticks; canes; leather and 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: Handbag frames; dog shoes; shoulder bags; dog collars; briefcases; clothing for dogs; carry-on bags; dog bellybands; handbags; Boston bags; rucksacks; suitcases; purses; key cases; trunks; money pouches in the nature of coin purses; wallets; leather; card cases; money pouches; parasols (sun umbrellas); umbrellas; walking sticks; canes; leather and furClass 018 for Handbag frames; shoulder bags; briefcases; carry-on bags; handbags; Boston bags; rucksacks; purses; key cases; money pouches in the nature of coin purses; wallets; leather

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 Jackets; jogging pants; sweat pants; suits; skirts; trousers; coats; cardigans; sweaters; blouses; polo shirts; undershirts; swimwear; camisoles; tee-shirts; gloves and mittens; neckerchieves; bandanas; headgear for wear; belts for clothing; leather shoes; sneaker; boots; climbing boots (mountaineering boots)
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: Jackets; jogging pants; sweat pants; suits; skirts; trousers; coats; cardigans; sweaters; blouses; polo shirts; undershirts; swimwear; camisoles; tee-shirts; gloves and mittens; neckerchieves; bandanas; headgear for wear; headgear for wear, namely, headwear, hats, and caps; belts for clothing; leather shoes; sneaker; sneakers; boots; climbing boots (mountaineering boots); mountaineering boots, namely, climbing bootsClass 025 for Jackets; jogging pants; sweat pants; suits; skirts; trousers; coats; cardigans; sweaters; blouses; polo shirts; undershirts; swimwear; camisoles; tee-shirts; gloves and mittens; neckerchieves; bandanas; headgear for wear, namely, headwear, hats, and caps; belts for clothing; leather shoes; sneakers; boots; mountaineering boots, namely, climbing 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:
Proposed:
Mark D. Alleman of Alleman Hall McCoy Russell & Tuttle LLP, having an address of
Suite 600 806 SW Broadway Portland, Oregon 97205
United States
alleman@ahmrt.com
503-459-4141
503-459-4142
The attorney docket/reference number is AWA13401MADUS .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
IKEUCHI KEITA
#301, 22-8, MOTOYOYOGI-CHO,
SHIBUYA-KU
TOKYO 151-0062
JP

Proposed:
Mark D. Alleman of Alleman Hall McCoy Russell & Tuttle LLP, having an address of
Suite 600 806 SW Broadway Portland, Oregon 97205
United States
alleman@ahmrt.com
503-459-4141
503-459-4142
The docket/reference number is AWA13401MADUS .



ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording "AND WANDER" inside a triangle.

SIGNATURE(S)
Response Signature
Signature: /Mark D. Alleman/     Date: 02/05/2013
Signatory's Name: Mark D. Alleman
Signatory's Position: Attorney for Applicant, Oregon Bar Member

Signatory's Phone Number: 503-459-4141

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:    Mark D. Alleman
   Alleman Hall McCoy Russell & Tuttle LLP
   Suite 600
   806 SW Broadway
   Portland, Oregon 97205
        
Serial Number: 79118856
Internet Transmission Date: Tue Feb 05 20:46:19 EST 2013
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2013020520461941
1959-79118856-500d46fb67fbe62160fdf41df5
8bb1e33fb0467e54519d172b2f8d774385bbd06c
-N/A-N/A-20130205201309796967



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