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. 85002542 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 025 for Leather coats; Leather headwear; Leather jackets; Leather shoes; Leather slippers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

In International Class 025, the mark was first used at least as early as 03/12/2010 and first used in commerce at least as early as 11/01/2010.

Proposed:
Tracked Text Description: Leather coats; Leather headwear; Leather jackets; Leather shoes; Leather slippersClass 025 for Leather coats; Leather headwear; Leather jackets; Leather shoes; Leather slippers;

Deleted Filing Basis: 1(b)
In International Class 025, the mark was first used at least as early as 03/12/2010. and first used in commerce at least as early as 11/01/2010.

Applicant hereby submits a new specimen for Class 025. The specimen(s) submitted consists of Dominion - scanned tags for goods.
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
Original PDF file:
SPU0-2105423877-000710290_._Dominion_Tag.pdf
Converted PDF file(s) (1 page)
Specimen File1

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
Samantha Curtis
Smith & Partners
PO Box 104065, Lincoln North
Auckland 0654 New Zealand

Proposed:
Samantha Curtis of Smith & Partners, having an address of
104065 Lincoln North Auckland, 0654
New Zealand
src@smithpartners.co.nz
64 9 837 6883



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: /Ian Hunter/      Date: 04/15/2011
Signatory's Name: Ian Hunter
Signatory's Position: Owner

Response Signature
Signature: /Ian Hunter/     Date: 04/15/2011
Signatory's Name: Ian Hunter
Signatory's Position: Owner

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

Mailing Address:    Samantha Curtis
   Smith & Partners
   104065 Lincoln North
   Auckland, 0654
        
Serial Number: 85002542
Internet Transmission Date: Fri Apr 15 00:54:30 EDT 2011
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2011041500543028
8037-85002542-480fdee704136da4a78af13a34
b8a2491f-N/A-N/A-20110415000710290604