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. 85251505 has been amended as follows:

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

In response to the refusal for likelihood of confusion with U.S. Registration No. 1920554, please be advised that Applicant is the owner of said registration and will submit a signed declaration in this response.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for COTTON FABRICS, ELASTIC WOVEN MATERIAL, FLANNEL, JERSEY, KNITTED FABRIC, LINEN CLOTH, MOLESKIN, RAYON FABRIC, RAMIE FABRIC, SILK, UPHOLSTERY, VELVET AND WOOLEN FABRIC EACH TYPE OF FABRIC BEING FOR USE IN MAKING CLOTHING, UPHOLSTERY, CURTAINS, DRAPERIES, AND BEDSPREADS
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)).

Proposed:
Tracked Text Description: COTTON FABRICS, ELASTIC WOVEN MATERIAL, FLANNEL, JERSEY, KNITTED FABRIC, LINEN CLOTH, MOLESKIN, RAYON FABRIC, RAMIE FABRIC, SILK, UPHOLSTERY, VELVET AND WOOLEN FABRIC EACH TYPE OF FABRIC BEING FOR USE IN MAKING CLOTHING, UPHOLSTERY, CURTAINS, DRAPERIES, AND BEDSPREADS; COTTON FABRICS, ELASTIC WOVEN MATERIAL, FLANNEL, JERSEY MATERIAL, KNITTED FABRIC, LINEN CLOTH, MOLESKIN FABRIC NOT FOR MEDICAL USE, RAYON FABRIC, RAMIE FABRIC, SILK FABRICS, UPHOLSTERY FABRICS, VELVET AND WOOL YARN FABRIC EACH TYPE OF FABRIC BEING FOR USE IN MAKING CLOTHING, UPHOLSTERY, CURTAINS, DRAPERIES, AND BEDSPREADSClass 024 for COTTON FABRICS, ELASTIC WOVEN MATERIAL, FLANNEL, JERSEY MATERIAL, KNITTED FABRIC, LINEN CLOTH, MOLESKIN FABRIC NOT FOR MEDICAL USE, RAYON FABRIC, RAMIE FABRIC, SILK FABRICS, UPHOLSTERY FABRICS, VELVET AND WOOL YARN FABRIC EACH TYPE OF FABRIC BEING FOR USE IN MAKING CLOTHING, UPHOLSTERY, CURTAINS, DRAPERIES, AND BEDSPREADS
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for BOOTS, SHOES, SANDALS, SLIPPERS, SPORTS SHOES, JACKET AND PANTS SETS AND UNDERGARMENT COMBINATIONS, FROCKS, SOCKS, STOCKINGS, COATS, GLOVES, HATS, HOSIERY, JACKETS, JUMPERS, KNITTED SHIRTS, KNITTED SWEATERS, TRACK SUITS, LINGERIE, NECKTIES, PANTS, SHIRTS, SKIRTS, SUITS, TROUSERS AND UNDERCLOTHING
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)).

Proposed:
Tracked Text Description: BOOTS, SHOES, SANDALS, SLIPPERS, SPORTS SHOES, JACKET AND PANTS SETS AND UNDERGARMENT COMBINATIONS, FROCKS, SOCKS, STOCKINGS, COATS, GLOVES, HATS, HOSIERY, JACKETS, JUMPERS, KNITTED SHIRTS, KNITTED SWEATERS, TRACK SUITS, LINGERIE, NECKTIES, PANTS, SHIRTS, SKIRTS, SUITS, TROUSERS AND UNDERCLOTHING; BOOTS, SHOES, SANDALS, SLIPPERS, SPORTS SHOES, JACKET AND PANTS SETS COMPRISED OF JACKETS AND PANTS, UNDERGARMENT COMBINATIONS, FROCKS, SOCKS, STOCKINGS, COATS, GLOVES, HATS, HOSIERY, JACKETS, JUMPERS, KNITTED SHIRTS, KNITTED SWEATERS, TRACK SUITS, LINGERIE, NECKTIES, PANTS, SHIRTS, SKIRTS, SUITS, TROUSERS AND UNDERCLOTHING, NAMELY, UNDERWEARClass 025 for BOOTS, SHOES, SANDALS, SLIPPERS, SPORTS SHOES, JACKET AND PANTS SETS COMPRISED OF JACKETS AND PANTS, UNDERGARMENT COMBINATIONS, FROCKS, SOCKS, STOCKINGS, COATS, GLOVES, HATS, HOSIERY, JACKETS, JUMPERS, KNITTED SHIRTS, KNITTED SWEATERS, TRACK SUITS, LINGERIE, NECKTIES, PANTS, SHIRTS, SKIRTS, SUITS, TROUSERS AND UNDERCLOTHING, NAMELY, UNDERWEAR
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)).

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 1920554 and 1634816.

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: /srb/      Date: 11/15/2011
Signatory's Name: Stephen R. Barrese
Signatory's Position: "Attorney of record NY bar member"

Response Signature
Signature: /srb/     Date: 11/15/2011
Signatory's Name: Stephen R. Barrese
Signatory's Position: "Attorney of record NY bar member"

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.

        
Serial Number: 85251505
Internet Transmission Date: Tue Nov 15 12:16:00 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20111115121600390
013-85251505-4801f33cd81d693981f10a36341
e119676d-N/A-N/A-20111115115444923903