Response to Office Action

MONCLER

MONCLER S.P.A.

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 79171216
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/79171216/large
LITERAL ELEMENT MONCLER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
In response to the Section 2(d) refusal, Applicant advises the examining attorney that Applicant is the owner of U.S. Registration Nos. 3737147 and 4479319. Pursuant to 37 C.F.R. 2.20, please see the attached signed Declaration.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_107141142131-20150918113854970511_._MONCLER__Cl._28__SignedDeclaration.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT16\IMAGEOUT16\791\712\79171216\xml7\ROA0002.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\791\712\79171216\xml7\ROA0003.JPG
DESCRIPTION OF EVIDENCE FILE Signed declaration under 37 C.F.R. §2.20, in support of Claim of Ownership
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 028
DESCRIPTION
Apparatus for electronic games other than those adapted for use with an external display screen or monitor; video game machines; pocket-sized apparatus for playing video games, namely, hand held units for playing electronic games; pocket-sized electronic game machines; portable games with liquid crystal displays; balls for games; counters, being discs, for games; bladders of balls for games; ring games; conjuring apparatus, namely, toy wizards, magic tricks; roulette wheels; games, namely, skittles, draughts, checkers; shuttlecocks; marionettes; kites; kite reels; quoits; toy vehicles; radio-controlled toy vehicles; toy cars; kaleidoscopes; toys, namely, action figure toys; toy masks; play balloons; toy pistols; dolls; dolls' beds; dolls' feeding bottles; dolls' clothes; dolls' houses; dolls' rooms; teddy bears; toys, namely, spinning tops, mobiles, building blocks, lying discs, scooters, soap bubbles, race tracks; puzzles; jigsaw puzzles; parlour games; rocking horses; dominoes; building games; playthings, namely, slides, rattles, infant rattles; baby rattles incorporating teething rings; practical jokes, being novelties; butterfly nets; scale model vehicles; playing cards; playing card cases; dice; draughtboards; backgammon games; board games; chess games; chess sets; chess pieces; footballs; checkerboards; chessboards; mah-jong; bingo cards; bats for games; playing balls; nets for sports; darts; play articles, namely, swimming pools; cot musical toys for babies; novelties for parties in the nature of crackers and noisemakers; cases for play accessories; Christmas trees of synthetic materials; bells for Christmas trees; decorations for Christmas trees; snow globes; plush characters and animals; rubber character toys; construction toys; animated and non-animated toy figures; stuffed toys and unstuffed toys in the form of plastic character toys; puppets; stuffed puppets; plush toys; stuffed toys; golf bags, with or without wheels; golf clubs; divot repair tools, being golf accessories; billiard cues; billiard cue tips; billiard markers; billiard balls; tennis rackets; rackets; battledores; table tennis rackets; cricket bags; hockey sticks; skis; snow skis; ski edges; ski brakes; ski poles; ski slicks; ski wax; ski bindings; shaped covers for ski bindings; shaped covers for skis; bags adapted for skis; sole coverings for skis; coverings for skis, namely, seal skins; scrapers for skis; bindings for alpine skis; surf skis; bob-sleighs; surf boards; sleighs, being sports articles; snow sledges for recreational use; sailboards; snowboards; climbers' harness; mountaineering equipment, namely, ascenders, binding straps, hook and ring combinations, hooks; skateboards; bags especially designed for surfboards; sports articles, namely, sling shots; jump ropes; batting gloves accessories for games; roller skates; in-line roller skates; ice skates; skating boots with skates attached; gloves for games, namely, golf gloves; snowshoes; swimming belts; swimming aids, namely, pool rings; swimming boards; swimming flippers; swimming aids, namely, swimming floats, arm floats for recreational purposes; swimming jackets; children's playhouses; hoops for children; children's multiple activity toys; playthings, namely, children's multiple activity tables, play mats incorporating infant toys; electronic educational game machines for children; infant swings; educational toys for infants; infant development toys; infant swings for playgrounds; multiple activity toys for babies; crib toys; action toys for cribs; toys, namely, crib mobiles
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 028
TRACKED TEXT DESCRIPTION
Apparatus for electronic games other than those adapted for use with an external display screen or monitor; video game machines; pocket-sized apparatus for playing video games, namely, hand held units for playing electronic games; pocket-sized electronic game machines; portable games with liquid crystal displays; balls for games; counters, being discs, for games; bladders of balls for games; ring games; conjuring apparatus, namely, toy wizards, magic tricks; roulette wheels; games, namely, skittles, draughts, checkers; shuttlecocks; marionettes; kites; kite reels; quoits; toy vehicles; radio-controlled toy vehicles; toy cars; kaleidoscopes; toys, namely, action figure toys; toy masks; play balloons; toy pistols; dolls; dolls' beds; dolls' feeding bottles; dolls' clothes; dolls' houses; dolls' rooms; teddy bears; toys, namely, spinning tops, mobiles, building blocks, lying discs, scooters, soap bubbles, race tracks; puzzles; jigsaw puzzles; parlour games; rocking horses; dominoes; building games; playthings, namely, slides, rattles, infant rattles; baby rattles incorporating teething rings; practical jokes, being novelties; practical jokes, being novelties in the nature of dispensers of stream material; butterfly nets; scale model vehicles; playing cards; playing card cases; dice; draughtboards; backgammon games; board games; chess games; chess sets; chess pieces; footballs; checkerboards; chessboards; mah-jong; bingo cards; bats for games; playing balls; nets for sports; darts; play articles, namely, swimming pools; cot musical toys for babies; novelties for parties in the nature of crackers and noisemakers; cases for play accessories; Christmas trees of synthetic materials; bells for Christmas trees; decorations for Christmas trees; snow globes; plush characters and animals; rubber character toys; construction toys; animated and non-animated toy figures; stuffed toys and unstuffed toys in the form of plastic character toys; puppets; stuffed puppets; plush toys; stuffed toys; golf bags, with or without wheels; golf clubs; divot repair tools, being golf accessories; billiard cues; billiard cue tips; billiard markers; billiard balls; tennis rackets; rackets; battledores; table tennis rackets; cricket bags; hockey sticks; skis; snow skis; ski edges; ski brakes; ski poles; ski slicks; ski wax; ski bindings; shaped covers for ski bindings; shaped covers for skis; bags adapted for skis; sole coverings for skis; coverings for skis, namely, seal skins; scrapers for skis; bindings for alpine skis; surf skis; bob-sleighs; surf boards; sleighs, being sports articles; snow sledges for recreational use; sailboards; snowboards; climbers' harness; mountaineering equipment, namely, ascenders, binding straps, hook and ring combinations, hooks; skateboards; bags especially designed for surfboards; sports articles, namely, sling shots; jump ropes; batting gloves accessories for games; roller skates; in-line roller skates; ice skates; skating boots with skates attached; gloves for games, namely, golf gloves; snowshoes; swimming belts; swimming aids, namely, pool rings; swimming boards; swimming flippers; swimming aids, namely, swimming floats, arm floats for recreational purposes; swimming jackets; children's playhouses; hoops for children; children's multiple activity toys; playthings, namely, children's multiple activity tables, play mats incorporating infant toys; electronic educational game machines for children; infant swings; educational toys for infants; educational toys for infants for developing motor and cognitive skills; infant development toys; infant swings for playgrounds; multiple activity toys for babies; crib toys; action toys for cribs; toys, namely, crib mobiles
FINAL DESCRIPTION
Apparatus for electronic games other than those adapted for use with an external display screen or monitor; video game machines; pocket-sized apparatus for playing video games, namely, hand held units for playing electronic games; pocket-sized electronic game machines; portable games with liquid crystal displays; balls for games; counters, being discs, for games; bladders of balls for games; ring games; conjuring apparatus, namely, toy wizards, magic tricks; roulette wheels; games, namely, skittles, draughts, checkers; shuttlecocks; marionettes; kites; kite reels; quoits; toy vehicles; radio-controlled toy vehicles; toy cars; kaleidoscopes; toys, namely, action figure toys; toy masks; play balloons; toy pistols; dolls; dolls' beds; dolls' feeding bottles; dolls' clothes; dolls' houses; dolls' rooms; teddy bears; toys, namely, spinning tops, mobiles, building blocks, lying discs, scooters, soap bubbles, race tracks; puzzles; jigsaw puzzles; parlour games; rocking horses; dominoes; building games; playthings, namely, slides, rattles, infant rattles; baby rattles incorporating teething rings; practical jokes, being novelties in the nature of dispensers of stream material; butterfly nets; scale model vehicles; playing cards; playing card cases; dice; draughtboards; backgammon games; board games; chess games; chess sets; chess pieces; footballs; checkerboards; chessboards; mah-jong; bingo cards; bats for games; playing balls; nets for sports; darts; play articles, namely, swimming pools; cot musical toys for babies; novelties for parties in the nature of crackers and noisemakers; cases for play accessories; Christmas trees of synthetic materials; bells for Christmas trees; decorations for Christmas trees; snow globes; plush characters and animals; rubber character toys; construction toys; animated and non-animated toy figures; stuffed toys and unstuffed toys in the form of plastic character toys; puppets; stuffed puppets; plush toys; stuffed toys; golf bags, with or without wheels; golf clubs; divot repair tools, being golf accessories; billiard cues; billiard cue tips; billiard markers; billiard balls; tennis rackets; rackets; battledores; table tennis rackets; cricket bags; hockey sticks; skis; snow skis; ski edges; ski brakes; ski poles; ski slicks; ski wax; ski bindings; shaped covers for ski bindings; shaped covers for skis; bags adapted for skis; sole coverings for skis; coverings for skis, namely, seal skins; scrapers for skis; bindings for alpine skis; surf skis; bob-sleighs; surf boards; sleighs, being sports articles; snow sledges for recreational use; sailboards; snowboards; climbers' harness; mountaineering equipment, namely, ascenders, binding straps, hook and ring combinations, hooks; skateboards; bags especially designed for surfboards; sports articles, namely, sling shots; jump ropes; batting gloves accessories for games; roller skates; in-line roller skates; ice skates; skating boots with skates attached; gloves for games, namely, golf gloves; snowshoes; swimming belts; swimming aids, namely, pool rings; swimming boards; swimming flippers; swimming aids, namely, swimming floats, arm floats for recreational purposes; swimming jackets; children's playhouses; hoops for children; children's multiple activity toys; playthings, namely, children's multiple activity tables, play mats incorporating infant toys; electronic educational game machines for children; infant swings; educational toys for infants for developing motor and cognitive skills; infant development toys; infant swings for playgrounds; multiple activity toys for babies; crib toys; action toys for cribs; toys, namely, crib mobiles
SIGNATURE SECTION
RESPONSE SIGNATURE /Erica L. Tritt/
SIGNATORY'S NAME Erica L. Tritt
SIGNATORY'S POSITION Attorney of Record, Georgia Bar Member
SIGNATORY'S PHONE NUMBER 404-252-0900
DATE SIGNED 09/18/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Sep 18 11:47:33 EDT 2015
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20150918114733697900-791
71216-540b929da1132f78260
699de9c779f6e7d3c19a83594
e72cb21e0edc5c5c39013-N/A
-N/A-20150918113854970511



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. 79171216 MONCLER(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/79171216/large) has been amended as follows:

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

In response to the Section 2(d) refusal, Applicant advises the examining attorney that Applicant is the owner of U.S. Registration Nos. 3737147 and 4479319. Pursuant to 37 C.F.R. 2.20, please see the attached signed Declaration.

EVIDENCE
Evidence in the nature of Signed declaration under 37 C.F.R. §2.20, in support of Claim of Ownership has been attached.
Original PDF file:
evi_107141142131-20150918113854970511_._MONCLER__Cl._28__SignedDeclaration.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Apparatus for electronic games other than those adapted for use with an external display screen or monitor; video game machines; pocket-sized apparatus for playing video games, namely, hand held units for playing electronic games; pocket-sized electronic game machines; portable games with liquid crystal displays; balls for games; counters, being discs, for games; bladders of balls for games; ring games; conjuring apparatus, namely, toy wizards, magic tricks; roulette wheels; games, namely, skittles, draughts, checkers; shuttlecocks; marionettes; kites; kite reels; quoits; toy vehicles; radio-controlled toy vehicles; toy cars; kaleidoscopes; toys, namely, action figure toys; toy masks; play balloons; toy pistols; dolls; dolls' beds; dolls' feeding bottles; dolls' clothes; dolls' houses; dolls' rooms; teddy bears; toys, namely, spinning tops, mobiles, building blocks, lying discs, scooters, soap bubbles, race tracks; puzzles; jigsaw puzzles; parlour games; rocking horses; dominoes; building games; playthings, namely, slides, rattles, infant rattles; baby rattles incorporating teething rings; practical jokes, being novelties; butterfly nets; scale model vehicles; playing cards; playing card cases; dice; draughtboards; backgammon games; board games; chess games; chess sets; chess pieces; footballs; checkerboards; chessboards; mah-jong; bingo cards; bats for games; playing balls; nets for sports; darts; play articles, namely, swimming pools; cot musical toys for babies; novelties for parties in the nature of crackers and noisemakers; cases for play accessories; Christmas trees of synthetic materials; bells for Christmas trees; decorations for Christmas trees; snow globes; plush characters and animals; rubber character toys; construction toys; animated and non-animated toy figures; stuffed toys and unstuffed toys in the form of plastic character toys; puppets; stuffed puppets; plush toys; stuffed toys; golf bags, with or without wheels; golf clubs; divot repair tools, being golf accessories; billiard cues; billiard cue tips; billiard markers; billiard balls; tennis rackets; rackets; battledores; table tennis rackets; cricket bags; hockey sticks; skis; snow skis; ski edges; ski brakes; ski poles; ski slicks; ski wax; ski bindings; shaped covers for ski bindings; shaped covers for skis; bags adapted for skis; sole coverings for skis; coverings for skis, namely, seal skins; scrapers for skis; bindings for alpine skis; surf skis; bob-sleighs; surf boards; sleighs, being sports articles; snow sledges for recreational use; sailboards; snowboards; climbers' harness; mountaineering equipment, namely, ascenders, binding straps, hook and ring combinations, hooks; skateboards; bags especially designed for surfboards; sports articles, namely, sling shots; jump ropes; batting gloves accessories for games; roller skates; in-line roller skates; ice skates; skating boots with skates attached; gloves for games, namely, golf gloves; snowshoes; swimming belts; swimming aids, namely, pool rings; swimming boards; swimming flippers; swimming aids, namely, swimming floats, arm floats for recreational purposes; swimming jackets; children's playhouses; hoops for children; children's multiple activity toys; playthings, namely, children's multiple activity tables, play mats incorporating infant toys; electronic educational game machines for children; infant swings; educational toys for infants; infant development toys; infant swings for playgrounds; multiple activity toys for babies; crib toys; action toys for cribs; toys, namely, crib mobiles
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 electronic games other than those adapted for use with an external display screen or monitor; video game machines; pocket-sized apparatus for playing video games, namely, hand held units for playing electronic games; pocket-sized electronic game machines; portable games with liquid crystal displays; balls for games; counters, being discs, for games; bladders of balls for games; ring games; conjuring apparatus, namely, toy wizards, magic tricks; roulette wheels; games, namely, skittles, draughts, checkers; shuttlecocks; marionettes; kites; kite reels; quoits; toy vehicles; radio-controlled toy vehicles; toy cars; kaleidoscopes; toys, namely, action figure toys; toy masks; play balloons; toy pistols; dolls; dolls' beds; dolls' feeding bottles; dolls' clothes; dolls' houses; dolls' rooms; teddy bears; toys, namely, spinning tops, mobiles, building blocks, lying discs, scooters, soap bubbles, race tracks; puzzles; jigsaw puzzles; parlour games; rocking horses; dominoes; building games; playthings, namely, slides, rattles, infant rattles; baby rattles incorporating teething rings; practical jokes, being novelties; practical jokes, being novelties in the nature of dispensers of stream material; butterfly nets; scale model vehicles; playing cards; playing card cases; dice; draughtboards; backgammon games; board games; chess games; chess sets; chess pieces; footballs; checkerboards; chessboards; mah-jong; bingo cards; bats for games; playing balls; nets for sports; darts; play articles, namely, swimming pools; cot musical toys for babies; novelties for parties in the nature of crackers and noisemakers; cases for play accessories; Christmas trees of synthetic materials; bells for Christmas trees; decorations for Christmas trees; snow globes; plush characters and animals; rubber character toys; construction toys; animated and non-animated toy figures; stuffed toys and unstuffed toys in the form of plastic character toys; puppets; stuffed puppets; plush toys; stuffed toys; golf bags, with or without wheels; golf clubs; divot repair tools, being golf accessories; billiard cues; billiard cue tips; billiard markers; billiard balls; tennis rackets; rackets; battledores; table tennis rackets; cricket bags; hockey sticks; skis; snow skis; ski edges; ski brakes; ski poles; ski slicks; ski wax; ski bindings; shaped covers for ski bindings; shaped covers for skis; bags adapted for skis; sole coverings for skis; coverings for skis, namely, seal skins; scrapers for skis; bindings for alpine skis; surf skis; bob-sleighs; surf boards; sleighs, being sports articles; snow sledges for recreational use; sailboards; snowboards; climbers' harness; mountaineering equipment, namely, ascenders, binding straps, hook and ring combinations, hooks; skateboards; bags especially designed for surfboards; sports articles, namely, sling shots; jump ropes; batting gloves accessories for games; roller skates; in-line roller skates; ice skates; skating boots with skates attached; gloves for games, namely, golf gloves; snowshoes; swimming belts; swimming aids, namely, pool rings; swimming boards; swimming flippers; swimming aids, namely, swimming floats, arm floats for recreational purposes; swimming jackets; children's playhouses; hoops for children; children's multiple activity toys; playthings, namely, children's multiple activity tables, play mats incorporating infant toys; electronic educational game machines for children; infant swings; educational toys for infants; educational toys for infants for developing motor and cognitive skills; infant development toys; infant swings for playgrounds; multiple activity toys for babies; crib toys; action toys for cribs; toys, namely, crib mobilesClass 028 for Apparatus for electronic games other than those adapted for use with an external display screen or monitor; video game machines; pocket-sized apparatus for playing video games, namely, hand held units for playing electronic games; pocket-sized electronic game machines; portable games with liquid crystal displays; balls for games; counters, being discs, for games; bladders of balls for games; ring games; conjuring apparatus, namely, toy wizards, magic tricks; roulette wheels; games, namely, skittles, draughts, checkers; shuttlecocks; marionettes; kites; kite reels; quoits; toy vehicles; radio-controlled toy vehicles; toy cars; kaleidoscopes; toys, namely, action figure toys; toy masks; play balloons; toy pistols; dolls; dolls' beds; dolls' feeding bottles; dolls' clothes; dolls' houses; dolls' rooms; teddy bears; toys, namely, spinning tops, mobiles, building blocks, lying discs, scooters, soap bubbles, race tracks; puzzles; jigsaw puzzles; parlour games; rocking horses; dominoes; building games; playthings, namely, slides, rattles, infant rattles; baby rattles incorporating teething rings; practical jokes, being novelties in the nature of dispensers of stream material; butterfly nets; scale model vehicles; playing cards; playing card cases; dice; draughtboards; backgammon games; board games; chess games; chess sets; chess pieces; footballs; checkerboards; chessboards; mah-jong; bingo cards; bats for games; playing balls; nets for sports; darts; play articles, namely, swimming pools; cot musical toys for babies; novelties for parties in the nature of crackers and noisemakers; cases for play accessories; Christmas trees of synthetic materials; bells for Christmas trees; decorations for Christmas trees; snow globes; plush characters and animals; rubber character toys; construction toys; animated and non-animated toy figures; stuffed toys and unstuffed toys in the form of plastic character toys; puppets; stuffed puppets; plush toys; stuffed toys; golf bags, with or without wheels; golf clubs; divot repair tools, being golf accessories; billiard cues; billiard cue tips; billiard markers; billiard balls; tennis rackets; rackets; battledores; table tennis rackets; cricket bags; hockey sticks; skis; snow skis; ski edges; ski brakes; ski poles; ski slicks; ski wax; ski bindings; shaped covers for ski bindings; shaped covers for skis; bags adapted for skis; sole coverings for skis; coverings for skis, namely, seal skins; scrapers for skis; bindings for alpine skis; surf skis; bob-sleighs; surf boards; sleighs, being sports articles; snow sledges for recreational use; sailboards; snowboards; climbers' harness; mountaineering equipment, namely, ascenders, binding straps, hook and ring combinations, hooks; skateboards; bags especially designed for surfboards; sports articles, namely, sling shots; jump ropes; batting gloves accessories for games; roller skates; in-line roller skates; ice skates; skating boots with skates attached; gloves for games, namely, golf gloves; snowshoes; swimming belts; swimming aids, namely, pool rings; swimming boards; swimming flippers; swimming aids, namely, swimming floats, arm floats for recreational purposes; swimming jackets; children's playhouses; hoops for children; children's multiple activity toys; playthings, namely, children's multiple activity tables, play mats incorporating infant toys; electronic educational game machines for children; infant swings; educational toys for infants for developing motor and cognitive skills; infant development toys; infant swings for playgrounds; multiple activity toys for babies; crib toys; action toys for cribs; toys, namely, crib mobiles

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.

SIGNATURE(S)
Response Signature
Signature: /Erica L. Tritt/     Date: 09/18/2015
Signatory's Name: Erica L. Tritt
Signatory's Position: Attorney of Record, Georgia Bar Member

Signatory's Phone Number: 404-252-0900

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 79171216
Internet Transmission Date: Fri Sep 18 11:47:33 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20150918114733
697900-79171216-540b929da1132f78260699de
9c779f6e7d3c19a83594e72cb21e0edc5c5c3901
3-N/A-N/A-20150918113854970511


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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