Response to Office Action

MISTELTEIN DESIGN STUDIO

WANG, Shang-Wei

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 85715999
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK FILE NAME http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85715999
LITERAL ELEMENT MISTELTEIN DESIGN STUDIO
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a hilt of sword with climbing mistletoe and concentric circles. The mistletoe reaches across the top of the circles, and the crossguard of sword falls across the bottom of the circles. The three stylized words appearing on the outer circle are "Misteltein Design Studio".
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 014
DESCRIPTION
Bracelets; key rings; earrings; necklaces; rings being jewelry; ornaments of precious metal; jewelery and imitation jewelery; brooches; clocks; ornamental pins; tie pins; watches
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 02/12/2012
        FIRST USE IN COMMERCE DATE At least as early as 02/12/2012
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 014
TRACKED TEXT DESCRIPTION
Bracelets; key rings; key rings of precious metal; earrings; necklaces; rings being jewelry; ornaments of precious metal; personal ornaments of precious metal; jewelery and imitation jewelery; brooches; clocks; ornamental pins; tie pins; watches
FINAL DESCRIPTION
Bracelets; key rings of precious metal; earrings; necklaces; rings being jewelry; personal ornaments of precious metal; jewelery and imitation jewelery; brooches; clocks; ornamental pins; tie pins; watches
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 02/12/2012
       FIRST USE IN COMMERCE DATE At least as early as 02/12/2012
ADDITIONAL STATEMENTS SECTION
TRANSLATION The English translation of MISTELTEIN in the mark is the plant mistletoe in Norwegian.
SIGNATURE SECTION
RESPONSE SIGNATURE /mfb #29619/
SIGNATORY'S NAME Michael F. Brown
SIGNATORY'S POSITION Attorney of record, NY bar member
SIGNATORY'S PHONE NUMBER 607-256-2000
DATE SIGNED 06/10/2013
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 10 14:27:02 EDT 2013
TEAS STAMP USPTO/ROA-XX.XX.XX.XXX-20
130610142702716604-857159
99-500ffe20a1f4e89eceb9db
af7e27ce8dcbe65502e34db87
e8461d81dfd389244c-N/A-N/
A-20130610142233344018



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. 85715999 MISTELTEIN DESIGN STUDIO (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85715999) 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 Bracelets; key rings; earrings; necklaces; rings being jewelry; ornaments of precious metal; jewelery and imitation jewelery; brooches; clocks; ornamental pins; tie pins; 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 02/12/2012 and first used in commerce at least as early as 02/12/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Bracelets; key rings; key rings of precious metal; earrings; necklaces; rings being jewelry; ornaments of precious metal; personal ornaments of precious metal; jewelery and imitation jewelery; brooches; clocks; ornamental pins; tie pins; watchesClass 014 for Bracelets; key rings of precious metal; earrings; necklaces; rings being jewelry; personal ornaments of precious metal; jewelery and imitation jewelery; brooches; clocks; ornamental pins; tie pins; 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 02/12/2012 and first used in commerce at least as early as 02/12/2012 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Translation
The English translation of MISTELTEIN in the mark is the plant mistletoe in Norwegian.


SIGNATURE(S)
Response Signature
Signature: /mfb #29619/     Date: 06/10/2013
Signatory's Name: Michael F. Brown
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 607-256-2000

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: 85715999
Internet Transmission Date: Mon Jun 10 14:27:02 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20130610142702716
604-85715999-500ffe20a1f4e89eceb9dbaf7e2
7ce8dcbe65502e34db87e8461d81dfd389244c-N
/A-N/A-20130610142233344018



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