Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79172292 AJ (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/79172292/large) has been amended as follows:

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

The examining attorney has refused registration based on a perceived likelihood of confusion with the marks in U.S. Registration Nos. 3839844, 2653785, 2653784, 2434928, 2296365, 1796120, 1578682, 1615356, 1221737, 2270288, 2264525, 3362304, 3362601, 3389273, 4352218, 3853927, 4037082, 4252073, 4557883, 3527799, 3398631, 2692350, 1770136, 3803764, and 3067367 (the "Cited Registrations"). In response to this refusal, applicant submits the attached declaration, attesting that applicant is the owner of all of the Cited Registrations. Based on the attached evidence, applicant respectfully requests that the examiner withdraw the Section 2(d) refusal.

EVIDENCE
Evidence in the nature of Declaration attesting to applicant's ownership of cited registrations has been attached.
Original PDF file:
evi_71199172105-20160322114841319707_._Armani_Declaration_292.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, sunglasses, lenses and frames therefor, contact lenses, cases, chains and cords for glasses and spectacles, parts and fittings for all the aforesaid goods; covers for multimedia players; covers for mobile telephones; covers for DVDs; covers for CDs; covers for computer cables; covers for audio reproduction devices; covers for palmtops; covers for electronic agendas; covers for photographic cameras and covers for film cameras
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, sunglasses, lenses and frames therefor, contact lenses, cases, chains and cords for glasses and spectacles, parts and fittings for all the aforesaid goods; Spectacles, sunglasses, lenses and frames therefor, contact lenses, cases, chains and cords for eyeglasses and spectacles, parts and fittings sold as integral component parts of each of the aforesaid goods; covers for multimedia players; covers for mobile telephones; covers for DVDs; covers for CDs; covers for computer cables; covers for audio reproduction devices; covers for palmtops; covers for palmtop computers; covers for electronic agendas; covers for photographic cameras and covers for film camerasClass 009 for Spectacles, sunglasses, lenses and frames therefor, contact lenses, cases, chains and cords for eyeglasses and spectacles, parts and fittings sold as integral component parts of each of the aforesaid goods; covers for multimedia players; covers for mobile telephones; covers for DVDs; covers for CDs; covers for computer cables; covers for audio reproduction devices; covers for palmtop computers; covers for electronic agendas; covers for photographic cameras and covers for film cameras

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 Handbags; traveling bags; briefcases (leather goods); leather briefcases; credit card holders of leather; wallets; leather document briefcases; leather key cases; purses (coin purses); suitcases; empty bags for cosmetic products; sports bags included in this class; bags for sports equipment; shoulder bags for ladies; leather shopping bags; school bags; garment bags for travel; shoe bags for travel; beach bags; diaper bags; backpacks; Boston bags; traveling trunks; barrel bags; overnight bags; carry-on bags; satchels; evening purses handbags; vanity cases, not fitted; fur-skins; cases and boxes made of leather; leather bags for packaging; leather straps; umbrellas; leather leashes
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: Handbags; traveling bags; briefcases (leather goods); briefcases being leather goods; leather briefcases; credit card holders of leather; wallets; leather document briefcases; leather key cases; purses (coin purses); purses being coin purses; suitcases; empty bags for cosmetic products; sports bags included in this class; sports bags; bags for sports equipment; shoulder bags for ladies; leather shopping bags; school bags; garment bags for travel; shoe bags for travel; beach bags; diaper bags; backpacks; Boston bags; traveling trunks; barrel bags; overnight bags; carry-on bags; satchels; evening purses handbags; evening purses being handbags; vanity cases, not fitted; fur-skins; cases and boxes made of leather; leather bags for packaging; leather straps; umbrellas; leather leashesClass 018 for Handbags; traveling bags; briefcases being leather goods; leather briefcases; credit card holders of leather; wallets; leather document briefcases; leather key cases; purses being coin purses; suitcases; empty bags for cosmetic products; sports bags; bags for sports equipment; shoulder bags for ladies; leather shopping bags; school bags; garment bags for travel; shoe bags for travel; beach bags; diaper bags; backpacks; Boston bags; traveling trunks; barrel bags; overnight bags; carry-on bags; satchels; evening purses being handbags; vanity cases, not fitted; fur-skins; cases and boxes made of leather; leather bags for packaging; leather straps; umbrellas; leather leashes

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 Coats; jackets; trousers; skirts; tops (clothing); raincoats; overcoats; belts (clothing); suspenders for clothing; suits; stuff jackets; pullovers; jeans; dresses; pelerines; parkas; shirts; tee-shirts; cardigans; underwear; baby-dolls being nightwear; dressing gowns (bathrobes); swimming wear; negligees (underwear); bathing suits; dressing gowns (robes); shawls; sashes for wear; bolo ties; neckties; sweatshirts; undershirts; polo shirts; teddies (undergarments); shorts; stockings; socks; shoes; bedroom slippers; overshoes; galoshes; clogs (wooden shoes); shoe soles; uppers for footwear; boots; ski boots; half-boots; esparto shoes or sandals; sandals; bath sandals; gloves (clothing); mittens; hats and berets; visors (headwear)
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: Coats; jackets; trousers; skirts; tops (clothing); tops being clothing; raincoats; overcoats; belts (clothing); belts being clothing; suspenders for clothing; suits; stuff jackets; pullovers; jeans; dresses; pelerines; parkas; shirts; tee-shirts; cardigans; underwear; baby-dolls being nightwear; dressing gowns (bathrobes); dressing gowns being bathrobes; swimming wear; negligees (underwear); negligees being underwear; bathing suits; dressing gowns (robes); dressing gowns being robes; shawls; sashes for wear; bolo ties; neckties; sweatshirts; undershirts; polo shirts; teddies (undergarments); teddies being undergarments; shorts; stockings; socks; shoes; bedroom slippers; overshoes; galoshes; clogs (wooden shoes); clogs being wooden shoes; shoe soles; uppers for footwear; boots; ski boots; half-boots; esparto shoes or sandals; espadrilles; sandals; bath sandals; gloves (clothing); gloves being clothing; mittens; hats and berets; visors (headwear); visors being headwearClass 025 for Coats; jackets; trousers; skirts; tops being clothing; raincoats; overcoats; belts being clothing; suspenders for clothing; suits; stuff jackets; pullovers; jeans; dresses; pelerines; parkas; shirts; tee-shirts; cardigans; underwear; baby-dolls being nightwear; dressing gowns being bathrobes; swimming wear; negligees being underwear; bathing suits; dressing gowns being robes; shawls; sashes for wear; bolo ties; neckties; sweatshirts; undershirts; polo shirts; teddies being undergarments; shorts; stockings; socks; shoes; bedroom slippers; overshoes; galoshes; clogs being wooden shoes; shoe soles; uppers for footwear; boots; ski boots; half-boots; espadrilles; sandals; bath sandals; gloves being clothing; mittens; hats and berets; visors being headwear

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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a circular design with "A J" therein and with the design of the head and wings of an eagle comprising the end of the "J" and sitting below the "A".

SIGNATURE(S)
Response Signature
Signature: /Erica L. Tritt/     Date: 03/22/2016
Signatory's Name: Erica L. Tritt
Signatory's Position: Attorney of Record, Georgia Bar Member

Signatory's Phone Number: 4042520900

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: 79172292
Internet Transmission Date: Tue Mar 22 11:50:57 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201603221150579
00434-79172292-5502f9729beda2d11f92817f5
5b3851eb58313b9cc46d9cbe37c5f0d214d88241
-N/A-N/A-20160322114841319707