Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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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. 79154324  (Stylized and/or with Design, see http://uspto.report/TM/79154324/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Essential oils, hair lotions; dentifrices
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: Class 003 for Essential oils, hair lotions; dentifrices

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 020 for Mirrors; frames; display boards of cane, wicker
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: Mirrors; frames; picture and mirror frames; display boards of cane, wicker; display boards of cane and wickerClass 020 for Mirrors; picture and mirror frames; display boards of cane and wicker

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 021 for Household or kitchen utensils, namely, trays; containers for household or kitchen use, namely, waste paper baskets
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: Household or kitchen utensils, namely, trays; Household or kitchen utensils, namely, trays for domestic purposes; containers for household or kitchen use, namely, waste paper basketsClass 021 for Household or kitchen utensils, namely, trays for domestic purposes; containers for household or kitchen use, namely, waste paper baskets

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 024 for Fabric and textile goods not included in other classes, namely, fabric for dress-making and household furnishings, textile fabric for dress-making, manufacture of stages in textile material and table napkins in textile material; bed and table covers of plastic
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: Fabric and textile goods not included in other classes, namely, fabric for dress-making and household furnishings, textile fabric for dress-making, manufacture of stages in textile material and table napkins in textile material; Fabric and textile goods not included in other classes, namely, fabric for dress-making and household furnishings, textile fabric for dress-making and textile material for use in the manufacture of stages in the nature of table cloths and table napkins in textile material; bed and table covers of plasticClass 024 for Fabric and textile goods not included in other classes, namely, fabric for dress-making and household furnishings, textile fabric for dress-making and textile material for use in the manufacture of stages in the nature of table cloths and table napkins in textile material; bed and table covers of plastic

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, namely, underwear, pants, shirts, tops (clothing), neckties and belts, clothing of leather, namely, underwear, pants, shirts, tops (clothing), neckties and belts; footwear articles
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, namely, underwear, pants, shirts, tops (clothing), neckties and belts, clothing of leather, namely, underwear, pants, shirts, tops (clothing), neckties and belts; Clothing, namely, underwear, pants, shirts, tops, neckties and belts, clothing of leather, namely, underwear, pants, shirts, tops, neckties and belts; footwear articles; footwearClass 025 for Clothing, namely, underwear, pants, shirts, tops, neckties and belts, clothing of leather, namely, underwear, pants, shirts, tops, neckties and belts; footwear

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 028 for Apparatus for gymnastics, gymnastics and sporting articles, namely, dumb-bells, manually-operated exercise equipment
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: Apparatus for gymnastics, gymnastics and sporting articles, namely, dumb-bells, manually-operated exercise equipment; Apparatus for gymnastics; gymnastics and sporting articles, namely, dumb-bells, manually-operated exercise equipmentClass 028 for Apparatus for gymnastics; gymnastics and sporting articles, namely, dumb-bells, manually-operated exercise equipment

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 035 for Wholesale and retail services, including the Internet in the fields of soaps, perfumery products, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys, jewelry articles, precious stones, horological and chronometric instruments, leather and imitations of leather, animal skins, trunks and traveling bags, umbrellas, parasols and walking sticks, whips, saddlery, furniture, namely, household furniture, kitchen furniture, mirrors, frames, furniture, namely, tables, desks (furniture), racks (furniture), chairs, benches, sofas, beds in cloth, cooking stations in the form of kitchen cupboards and mobile kitchen islands, washing stations in the form of dressing tables (coiffeuses) for bathrooms, and display boards of wood, cork, reed, cane, willow, horn, bone, ivory, whalebone, tortoiseshell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, household or kitchen utensils, namely, trays; containers for household or kitchen use, namely, waste paper baskets, fabrics and textile goods not included in other classes, namely, fabric for dress-making and householdfurnishings, textile fabrics for the manufacture of clothing, the manufacture of stages in textile material, table napkins of textile, bed and table covers of plastic, clothing, namely, underwear, panties, shirts, tops (clothing), neckties and belts, clothing of leather, namely, underwear, trousers, shirts, tops (clothing), neckties and belts; footwear, apparatus for gymnastics, gymnastics and sporting articles, namely, dumb-bells, manually-operated exercise equipment
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: Wholesale and retail services, including the Internet in the fields of soaps, perfumery products, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys, jewelry articles, precious stones, horological and chronometric instruments, leather and imitations of leather, animal skins, trunks and traveling bags, umbrellas, parasols and walking sticks, whips, saddlery, furniture, namely, household furniture, kitchen furniture, mirrors, frames, furniture, namely, tables, desks (furniture), racks (furniture), chairs, benches, sofas, beds in cloth, cooking stations in the form of kitchen cupboards and mobile kitchen islands, washing stations in the form of dressing tables (coiffeuses) for bathrooms, and display boards of wood, cork, reed, cane, willow, horn, bone, ivory, whalebone, tortoiseshell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, household or kitchen utensils, namely, trays; Wholesale and retail store services and online wholesale and retail store services featuring soaps, perfumery products, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys, jewelry articles, precious stones, horological and chronometric instruments, leather and imitations of leather, animal skins, trunks and traveling bags, umbrellas, parasols and walking sticks, whips, saddlery, furniture, namely, household furniture, kitchen furniture, mirrors, frames, furniture, namely, tables, desks, racks, chairs, benches, sofas, beds in cloth, cooking stations in the form of kitchen cupboards and mobile kitchen islands, washing stations in the form of dressing tables for bathrooms in the nature of coiffeuses, and display boards of wood, cork, reed, cane, willow, horn, bone, ivory, whalebone, tortoiseshell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, household or kitchen utensils, namely, trays, containers for household or kitchen use, namely, waste paper baskets, fabrics and textile goods not included in other classes, namely, fabric for dress-making and household furnishings, textile fabrics for the manufacture of clothing, the manufacture of stages in textile material, table napkins of textile, bed and table covers of plastic, clothing, namely, underwear, panties, shirts, tops, neckties and belts, clothing of leather, namely, underwear, trousers, shirts, tops, neckties and belts, footwear, apparatus for gymnastics, gymnastics and sporting articles, namely, dumb-bells, manually-operated exercise equipment; containers for household or kitchen use, namely, waste paper baskets, fabrics and textile goods not included in other classes, namely, fabric for dress-making and householdfurnishings, textile fabrics for the manufacture of clothing, the manufacture of stages in textile material, table napkins of textile, bed and table covers of plastic, clothing, namely, underwear, panties, shirts, tops (clothing), neckties and belts, clothing of leather, namely, underwear, trousers, shirts, tops (clothing), neckties and belts; footwear, apparatus for gymnastics, gymnastics and sporting articles, namely, dumb-bells, manually-operated exercise equipmentClass 035 for Wholesale and retail store services and online wholesale and retail store services featuring soaps, perfumery products, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys, jewelry articles, precious stones, horological and chronometric instruments, leather and imitations of leather, animal skins, trunks and traveling bags, umbrellas, parasols and walking sticks, whips, saddlery, furniture, namely, household furniture, kitchen furniture, mirrors, frames, furniture, namely, tables, desks, racks, chairs, benches, sofas, beds in cloth, cooking stations in the form of kitchen cupboards and mobile kitchen islands, washing stations in the form of dressing tables for bathrooms in the nature of coiffeuses, and display boards of wood, cork, reed, cane, willow, horn, bone, ivory, whalebone, tortoiseshell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, household or kitchen utensils, namely, trays, containers for household or kitchen use, namely, waste paper baskets, fabrics and textile goods not included in other classes, namely, fabric for dress-making and household furnishings, textile fabrics for the manufacture of clothing, the manufacture of stages in textile material, table napkins of textile, bed and table covers of plastic, clothing, namely, underwear, panties, shirts, tops, neckties and belts, clothing of leather, namely, underwear, trousers, shirts, tops, neckties and belts, footwear, apparatus for gymnastics, gymnastics and sporting articles, namely, dumb-bells, manually-operated exercise equipment

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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Philipp Plein legally organized under the laws of XP, having an address of
      Säntisstrasse 5
      ,
      Switzerland

Proposed: Philipp Plein, a citizen of Germany, having an address of
      Säntisstrasse 5
      Amriswil, CH-8580
      Switzerland

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Nicholas D. Wells of Kirton McConkie, having an address of
1800 World Trade Center 60 E. South Temple Salt Lake City, Utah 84111
United States
nwells@kmclaw.com
8013283600
The attorney docket/reference number is 4862.09 .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
LermerRaible GbR
Hauptstrasse 54
CH-8280 Kreuzlingen
CH

Proposed:
Nicholas D. Wells of Kirton McConkie, having an address of
1800 World Trade Center 60 E. South Temple Salt Lake City, Utah 84111
United States
nwells@kmclaw.com;abrimhall@kmclaw.com
8013283600
The docket/reference number is 4862.09 .



ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized metal skull design within a shaded rectangle.

SIGNATURE(S)
Response Signature
Signature: /Nicholas Wells/     Date: 03/27/2015
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 801-328-3600

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:    Nicholas D. Wells
   Kirton McConkie
   1800 World Trade Center
   60 E. South Temple
   Salt Lake City, Utah 84111
        
Serial Number: 79154324
Internet Transmission Date: Fri Mar 27 11:40:55 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20150327114055
436158-79154324-530a0df8478c8f2daf1f6f62
17cc4b5a035fb7b4299e289fca365a8d71251b9b
c76-N/A-N/A-20150327113603922928