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. 85356058 VALUE APPAREL(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85356058) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: VALUE APPAREL(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85356058)
Proposed (USPTO generated image): VALUE (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font, style, size, or color.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Denims; Hats; Jackets; Sweatshirts; T-shirts
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2011 and first used in commerce at least as early as 03/01/2011 , and is now in use in such commerce.

Proposed: Class 025 for Denims; Hats; Jackets; Sweatshirts; T-shirts
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2011 and first used in commerce at least as early as 03/01/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of T-shirt Product and Logo .
"The substitute (or new, or originally submitted, 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, or originally submitted, 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]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Bianco, Nikolas, Darrio, DBA Value Apparel, a limited liability company legally organized under the laws of California, having an address of
      3021 woodleigh lane
      Cameron Park, California 95682
      United States

      XXXX
      916 505 9922
Proposed: Value, DBA Value, a limited liability company legally organized under the laws of California, having an address of
      7143 Murieta Parkway
      Rancho Murieta, California 95683
      United States
      XXXX
      916 505 9922

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
BIANCO, NIKOLAS, DARRIO
VALUE
3021 WOODLEIGH LN
CAMERON PARK
California (CA)
US
95682-8166

Proposed:
Value of VALUE, having an address of
7143 Murieta Parkway Rancho Murieta, California 95683
United States
alec.hdc@gmail.com
916 505 9922



ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Value apart from the mark as shown.


Stippling as a feature of the mark
The stippling is a feature of the mark and does not indicate color.


Stippling for shading
The stippling is for shading purposes only.


Translation
The English translation of Value in the mark is Value. The wording Value has no meaning in a foreign language.


Significance of wording, letter(s), or numeral(s)
Value appearing in the mark means or signifies or is a term of art for branding in the relevant trade or industry or as applied to the goods/services listed in the application. The word(s) Value has no meaning in a foreign language.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, BASED ON EVIDENCE
Value has become distinctive of the goods/services, as demonstrated by the attached evidence.
2(f) evidence-1

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: /Alec Irwin/      Date: 04/05/2012
Signatory's Name: Alec Irwin
Signatory's Position: CFO
Signatory's Phone Number: 530-417-6522



Signature: /Nikolas Bianco/      Date: 04/05/2012
Signatory's Name: Nikolas Bianco
Signatory's Position: CEO
Signatory's Phone Number: 916-505-9922



Signature: /Garret Bianco/      Date: 04/05/2012
Signatory's Name: Garret Bianco
Signatory's Position: CIO
Signatory's Phone Number: 916-802-6945


Response Signature
Signature: /Alec Irwin/     Date: 04/05/2012
Signatory's Name: Alec Irwin
Signatory's Position: CFO

Signatory's Phone Number: 530-417-6522

Response Signature
Signature: /Nikolas Bianco/     Date: 04/05/2012
Signatory's Name: Nikolas Bianco
Signatory's Position: CEO

Signatory's Phone Number: 916-505-9922

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:    Value
   VALUE
   7143 Murieta Parkway
   Rancho Murieta, California 95683
        
Serial Number: 85356058
Internet Transmission Date: Fri Apr 06 00:12:40 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2012040600124073
2199-85356058-490c6ed5e77dd5a529e6bdbab0
feadba53-N/A-N/A-20120405233809256909