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. 85512351 SCB(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85512351) 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 Agate and sardonyx; Alloys of precious metal; Amulets; Ankle bracelets; Badges of precious metal; Bangle bracelets; Baskets of precious metal; Beads for making jewelry; Beads for use in the manufacture of jewelry; Body jewelry; Bolo ties with precious metal tips; Boxes of precious metal; Bracelets; Bracelets; Bracelets of precious metal; Broaches; Bronze jewelry; Brooches; Charms; Charms for collar jewelry and bracelet; Charms in precious metals or coated therewith; Clip earrings; Cloisonne pins; Collectible coins; Commemorative coins; Commemorative medals; Costume jewelry; Cuff links; Cuff links and tie clips; Cuff links of precious metal; Cuff-links; Cufflinks; Cut diamonds; Decorative boxes made of precious metal; Decorative centerpieces of precious metal; Diamond jewelry; Diamonds; Ear clips; Ear studs; Emerald; Emeralds; Equine necklaces; Fancy keyrings of precious metals; Figures of precious metal; Figurines of precious metal; Gems; Gemstone jewelry; Gemstones; Gold; Gold alloy ingots; Gold and its alloys; Gold ingots; Gold, unworked or semi-worked; Hair jewelry in the nature of jewelry for use in the hair; Hat ornaments of precious metal; Ingots of precious metal; Insignias of precious metal; Iridium and its alloys; Jewel chains; Jewel pendants; Jewellery; Jewellery and precious stones; Jewellery chain of precious metal for bracelets; Jewellery chains; Jewellery plated with precious metals; Jewellery, including imitation jewellery and plastic jewellery; Jewelry; Jewelry and imitation jewelry; Jewelry boxes; Jewelry boxes of metal; Jewelry boxes of precious metal; Jewelry brooches; Jewelry cases; Jewelry cases of precious metal; Jewelry chains; Jewelry findings; Jewelry for attachment to clothing; Jewelry for the head; Jewelry pins for use on hats; Jewelry, namely, amulets; Jewelry, namely, anklets; Jewelry, namely, arm cuffs; Jewelry, namely, crosses; Jewelry, namely, dog tags for wear by humans for decorative purposes; Jewelry, namely, precious metal plated real leaves and flowers; Jewelry, namely, stone pendants; Jewels; Lapel pins; Lockets; Medallions; Medals; Medals and medallions; Medals for use as awards; Metal wire for use in the making of jewelry, namely, jewelry cable; Model figures made of precious metal; Monetary coin sets for collecting purposes; Neck chains; Necklaces; Non-monetary coins; Olivine; Opal; Ornamental lapel pins; Ornamental pins; Ornaments of precious metal in the nature of jewelry; Palladium and its alloys; Pearls; Pendants; Personal ornaments of precious metal; Pet jewelry; Pins being jewelry; Platinum; Platinum alloy ingots; Platinum and its alloys; Platinum ingots; Precious and semi-precious crystal stones and beads for use in jewelry; Precious and semi-precious gems; Precious and semi-precious minerals; Precious and semi-precious stones; Precious gemstones; Precious jewels; Precious metal alloys; Precious metals; Precious metals and alloys thereof; Precious metals and their alloys; Precious stones; Processed or semi-processed precious metals; Real and imitation jewellery; Rhodium and its alloys; Rings; Rings; Rings being jewelry; Ruby; Sapphire; Sculptures made of precious metal; Semi-precious and precious stones; Semi-precious gemstones; Semi-precious stones; Semi-wrought precious stones and their imitations; Sheet metal of precious metal; Sheets of precious metal; Silver; Silver alloy ingots; Silver and its alloys; Silver ingots; Silver ore; Slides for bolo ties; Small jewellery boxes of precious metals; Souvenir pressed coins; Spinels; Statues of precious metal; Statues of precious metal and their alloys; Statues of precious metals; Statuettes of precious metal; Statuettes of precious metal and their alloys; Tiaras; Tie bars; Tie clips; Tie clips of precious metal; Tie fasteners; Tie pins; Tie tacks; Tie-pins of precious metal; Topaz; Unwrought and semi-wrought precious stones and their imitations; Unwrought precious stones; Wedding bands; Wedding rings; Women's jewelry
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 06/01/1986 and first used in commerce at least as early as 06/01/1986 , and is now in use in such commerce.

Proposed: Class 014 for Agate and sardonyx; Alloys of precious metal; Amulets; Ankle bracelets; Badges of precious metal; Bangle bracelets; Baskets of precious metal; Beads for making jewelry; Beads for use in the manufacture of jewelry; Body jewelry; Bolo ties with precious metal tips; Boxes of precious metal; Bracelets; Bracelets; Bracelets of precious metal; Broaches; Bronze jewelry; Brooches; Charms; Charms for collar jewelry and bracelet; Charms in precious metals or coated therewith; Clip earrings; Cloisonne pins; Collectible coins; Commemorative coins; Commemorative medals; Costume jewelry; Cuff links; Cuff links and tie clips; Cuff links of precious metal; Cuff-links; Cufflinks; Cut diamonds; Decorative boxes made of precious metal; Decorative centerpieces of precious metal; Diamond jewelry; Diamonds; Ear clips; Ear studs; Emerald; Emeralds; Equine necklaces; Fancy keyrings of precious metals; Figures of precious metal; Figurines of precious metal; Gems; Gemstone jewelry; Gemstones; Gold; Gold alloy ingots; Gold and its alloys; Gold ingots; Gold, unworked or semi-worked; Hair jewelry in the nature of jewelry for use in the hair; Hat ornaments of precious metal; Ingots of precious metal; Insignias of precious metal; Iridium and its alloys; Jewel chains; Jewel pendants; Jewellery; Jewellery and precious stones; Jewellery chain of precious metal for bracelets; Jewellery chains; Jewellery plated with precious metals; Jewellery, including imitation jewellery and plastic jewellery; Jewelry; Jewelry and imitation jewelry; Jewelry boxes; Jewelry boxes of metal; Jewelry boxes of precious metal; Jewelry brooches; Jewelry cases; Jewelry cases of precious metal; Jewelry chains; Jewelry findings; Jewelry for attachment to clothing; Jewelry for the head; Jewelry pins for use on hats; Jewelry, namely, amulets; Jewelry, namely, anklets; Jewelry, namely, arm cuffs; Jewelry, namely, crosses; Jewelry, namely, dog tags for wear by humans for decorative purposes; Jewelry, namely, precious metal plated real leaves and flowers; Jewelry, namely, stone pendants; Jewels; Lapel pins; Lockets; Medallions; Medals; Medals and medallions; Medals for use as awards; Metal wire for use in the making of jewelry, namely, jewelry cable; Model figures made of precious metal; Monetary coin sets for collecting purposes; Neck chains; Necklaces; Non-monetary coins; Olivine; Opal; Ornamental lapel pins; Ornamental pins; Ornaments of precious metal in the nature of jewelry; Palladium and its alloys; Pearls; Pendants; Personal ornaments of precious metal; Pet jewelry; Pins being jewelry; Platinum; Platinum alloy ingots; Platinum and its alloys; Platinum ingots; Precious and semi-precious crystal stones and beads for use in jewelry; Precious and semi-precious gems; Precious and semi-precious minerals; Precious and semi-precious stones; Precious gemstones; Precious jewels; Precious metal alloys; Precious metals; Precious metals and alloys thereof; Precious metals and their alloys; Precious stones; Processed or semi-processed precious metals; Real and imitation jewellery; Rhodium and its alloys; Rings; Rings; Rings being jewelry; Ruby; Sapphire; Sculptures made of precious metal; Semi-precious and precious stones; Semi-precious gemstones; Semi-precious stones; Semi-wrought precious stones and their imitations; Sheet metal of precious metal; Sheets of precious metal; Silver; Silver alloy ingots; Silver and its alloys; Silver ingots; Silver ore; Slides for bolo ties; Small jewellery boxes of precious metals; Souvenir pressed coins; Spinels; Statues of precious metal; Statues of precious metal and their alloys; Statues of precious metals; Statuettes of precious metal; Statuettes of precious metal and their alloys; Tiaras; Tie bars; Tie clips; Tie clips of precious metal; Tie fasteners; Tie pins; Tie tacks; Tie-pins of precious metal; Topaz; Unwrought and semi-wrought precious stones and their imitations; Unwrought precious stones; Wedding bands; Wedding rings; Women's jewelry
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 06/01/1986 and first used in commerce at least as early as 06/01/1986 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 014 . The specimen(s) submitted consists of The letters SCB stamped into the inside surface of a gold wedding band. .
"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

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: /Samuel C. Brown/      Date: 04/17/2012
Signatory's Name: Samuel C. Brown
Signatory's Position: Owner
Signatory's Phone Number: 408-270-5102


Response Signature
Signature: /Samuel C. Brown/     Date: 04/17/2012
Signatory's Name: Samuel C. Brown
Signatory's Position: Owner

Signatory's Phone Number: 408-270-5102

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: 85512351
Internet Transmission Date: Tue Apr 17 20:59:25 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201204172059254
41469-85512351-49053184e98ea9e217de11c88
ad1fb4fd33-N/A-N/A-20120417204730831077