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. 85817950 CRISTALNAYA(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85817950) has been amended as follows:

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

In response to the office action in which the Attorney Advisor refused registration of Application No. 85817950 for the mark CRISTALNAYA under Trademark Act Section 44(e) because the foreign registration is not from applicant’s country of origin.  Applicant kindly requests the examiner to enter the following statement in to the record: “Applicant currently has a bona fide and effective industrial or commercial establishment in the United Kingdom and had a bona fide and effective industrial or commercial establishment in the United Kingdom as of the date of issuance of the foreign registration through its predecessor-in-interest.”

In view of the entry of the above statement into the record, Applicant kindly requests withdraw of the refusal.

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: /Jennifer Sheehan Anderson/      Date: 11/25/2013
Signatory's Name: Jennifer Sheehan Anderson
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: 734-418-4278


Response Signature
Signature: /Jennifer Sheehan Anderson/     Date: 11/25/2013
Signatory's Name: Jennifer Sheehan Anderson
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: 734-418-4278

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: 85817950
Internet Transmission Date: Mon Nov 25 15:43:12 EST 2013
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20131125154312478
115-85817950-50095a374f8c7f4e8c2bce3c397
b5ba2ef5ac70255e5cd1c448384d3edcc2257f0-
N/A-N/A-20131125153821497354