Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 85477367 JUST BELIEVE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85477367) 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 014 for Men's and women's jewelry, namely, pins, rings, necklaces, pendants, dog-tags, belt buckles and watches
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 03/24/2010 and first used in commerce at least as early as 03/24/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Men's and women's jewelry, namely, pins, rings, necklaces, pendants, dog-tags, belt buckles and watches; Men's and women's jewelry, namely, pins, rings, necklaces, pendants, dog-tags for decorative purposed, and watchesClass 014 for Men's and women's jewelry, namely, pins, rings, necklaces, pendants, dog-tags for decorative purposed, and watches
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 03/24/2010 and first used in commerce at least as early as 03/24/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Men's and Women's clothing, namely, tee shirts, polo shirts, sweat shirts, cutoffs shirts, tank tops, hooded sweatshirts, sweater shirts, jeans, jean shorts, jean skirts, sport coats, slacks, skirts, ties, scarves, belts, socks, athletic socks, dress socks, underwear, undergarments, pocket squares, tuxedos, tuxedo shirts, vests, cummerbunds, coats, and wind resistant jackets; Athletic wear, namely, workout tee shirts, tank tops, compression shirts, compression sleeveless tee shirts, compression shorts, workout pants and shorts, long sleeve hooded thin fabric shirts, workout suits, warm-up suits tops and pants; Yoga wear, namely, tops, women's sports bras, sleeveless bra tops, shorts and pants; Sports uniforms, namely, shirts, jerseys, pants, shorts, undergarments, socks, cleats, shoes, belts and hats; Shoes, namely, athletic shoes, casual shoes and dress shoes; Men's dress suits; Women's dress suits; Gloves, scarves, walking shorts, cargo shorts, spandex shorts, spandex pants, khakis, pants, dress slacks, baseball caps, beanies, dress hats and decorated hats
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 03/24/2010 and first used in commerce at least as early as 03/24/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Men's and Women's clothing, namely, tee shirts, polo shirts, sweat shirts, cutoffs shirts, tank tops, hooded sweatshirts, sweater shirts, jeans, jean shorts, jean skirts, sport coats, slacks, skirts, ties, scarves, belts, socks, athletic socks, dress socks, underwear, undergarments, pocket squares, tuxedos, tuxedo shirts, vests, cummerbunds, coats, and wind resistant jackets; Men's and Women's clothing, namely, tee shirts, polo shirts, sweat shirts, cutoff shirts, tank tops, hooded sweatshirts, sweater shirts, jeans, jean shorts, jean skirts, sport coats, slacks, skirts, ties, scarves, belts, socks, athletic socks, dress socks, underwear, undergarments, pocket squares, tuxedos, tuxedo shirts, vests, cummerbunds, coats, and wind resistant jackets; Athletic wear, namely, workout tee shirts, tank tops, compression shirts, compression sleeveless tee shirts, compression shorts, workout pants and shorts, long sleeve hooded thin fabric shirts, workout suits, warm-up suits tops and pants; Yoga wear, namely, tops, women's sports bras, sleeveless bra tops, shorts and pants; Sports uniforms, namely, shirts, jerseys, pants, shorts, undergarments, socks, cleats, shoes, belts and hats; Sports uniforms, namely, shirts, jerseys, pants, shorts, undergarments, socks, football and/or soccer cleats, shoes, belts and hats; Shoes, namely, athletic shoes, casual shoes and dress shoes; Men's dress suits; Women's dress suits; Gloves, scarves, walking shorts, cargo shorts, spandex shorts, spandex pants, khakis, pants, dress slacks, baseball caps, beanies, dress hats and decorated hatsClass 025 for Men's and Women's clothing, namely, tee shirts, polo shirts, sweat shirts, cutoff shirts, tank tops, hooded sweatshirts, sweater shirts, jeans, jean shorts, jean skirts, sport coats, slacks, skirts, ties, scarves, belts, socks, athletic socks, dress socks, underwear, undergarments, pocket squares, tuxedos, tuxedo shirts, vests, cummerbunds, coats, and wind resistant jackets; Athletic wear, namely, workout tee shirts, tank tops, compression shirts, compression sleeveless tee shirts, compression shorts, workout pants and shorts, long sleeve hooded thin fabric shirts, workout suits, warm-up suits tops and pants; Yoga wear, namely, tops, women's sports bras, sleeveless bra tops, shorts and pants; Sports uniforms, namely, shirts, jerseys, pants, shorts, undergarments, socks, football and/or soccer cleats, shoes, belts and hats; Shoes, namely, athletic shoes, casual shoes and dress shoes; Men's dress suits; Women's dress suits; Gloves, scarves, walking shorts, cargo shorts, spandex shorts, spandex pants, khakis, pants, dress slacks, baseball caps, beanies, dress hats and decorated hats
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 03/24/2010 and first used in commerce at least as early as 03/24/2010 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Fred C. Bassett/     Date: 03/13/2012
Signatory's Name: Fred C. Bassett
Signatory's Position: Principal

Signatory's Phone Number: 918-808-1951

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.

        
Serial Number: 85477367
Internet Transmission Date: Tue Mar 13 19:36:24 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2012031319362485
4769-85477367-490e1ffba2c4eab7f846081738
f91359d5c-N/A-N/A-20120313191809523191