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. 85812500 MINDSET(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85812500) has been amended as follows:

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

Here is my response in regards to the the two Trademarks that are preventing "Mindset" from being Trademarked. The Trademark with U.S. Application Serial No. 85180465 ("MANYK MINDSET") is now dead. The Trademark with U.S. Registration No. 3843079 "Mindset By XCVI" which was registered in 2010 has not been in used for the past 3 years according to several employees that I spoked to at Mindset By XCVI headquarters which is now XCVI headquarters. This company also owns the mark "XCVI" which was registered in 2004. I been told by XCVI employees at XCVI Headquarters that when the company started using the mark "Mindset By XCVI", the mark did not do well in sales so they have dropped "Mindset By XCVI" and went back to the original mark of "XCVI". I have contacted "Mindset by XCVI" 3 different times and I have been told all three times that the mark is no longer in use. The last time I contacted "Mindset By XCVI" was on 10/10/2013 and I spoke to XCVI employees Jessica and Daniel and they both told me that the mark was dropped 3 years ago. I have an audio as proof of the conversation. I am therefore, now moving forward with a petition to cancel "Mindset By XCVI" since this mark is no longer in use.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms
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 10/10/2011 and first used in commerce at least as early as 12/01/2011 , and is now in use in such commerce.

Proposed: Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms
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 02/02/2012 and first used in commerce at least as early as 02/02/2012 , 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 The Mark on a T-shirt. .
"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: /Art Gonzalez/      Date: 10/15/2013
Signatory's Name: Art Gonzalez
Signatory's Position: Owner
Signatory's Phone Number: 310.200.7010


Response Signature
Signature: /Art Gonzalez/     Date: 10/15/2013
Signatory's Name: Art Gonzalez
Signatory's Position: Owner

Signatory's Phone Number: 3102007010

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: 85812500
Internet Transmission Date: Tue Oct 15 23:55:45 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20131015235545178
152-85812500-500838e578d4a417c1a094e94fa
59c80d9bef6eec59d51faaee9fe9b0947ed5a4-N
/A-N/A-20131015225624947846