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. 85885065 PT (Stylized and/or with Design, see http://uspto.report/TM/85885065/mark.png) 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 025 for Hats; Jackets; Pants; Socks; T-shirts
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 025, the mark was first used at least as early as 10/09/2013 and first used in commerce at least as early as 10/09/2013 .

Proposed: Class 025 for Hats; Jackets; Pants; Socks; T-shirts

Deleted Filing Basis: 1(b)
In International Class 025, the mark was first used at least as early as 10/09/2013 . and first used in commerce at least as early as 10/09/2013 .

Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of Photo of trademark affixed to goods .
"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
Specimen File2

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Alex Patel of Patel & Almeida, P.C., having an address of
16830 Ventura Blvd. Suite 360 16830 Ventura Blvd., Suite 360 Encino, California 91436
United States
paulo@paiplaw.com
8183801900


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
WILLIAMS, RODNEY J.
241 W 103RD ST APT GA
NEW YORK
New York (NY)
US
10025-4430

Proposed:
Alex Patel of Patel & Almeida, P.C., having an address of
16830 Ventura Blvd. Suite 360 16830 Ventura Blvd., Suite 360 Encino, California 91436
United States
paulo@paiplaw.com;alex@paiplaw.com; michael@paiplaw.com
8183801900



SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

Signature: /Alex Patel/      Date: 10/21/2014
Signatory's Name: Alex Patel
Signatory's Position: Attorney
Signatory's Phone Number: 8183801900


Response Signature
Signature: /Alex Patel/     Date: 10/21/2014
Signatory's Name: Alex Patel
Signatory's Position: Attorney

Signatory's Phone Number: 8183801900

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.

Mailing Address:    Alex Patel
   Patel & Almeida, P.C.
   16830 Ventura Blvd. Suite 360
   16830 Ventura Blvd., Suite 360
   Encino, California 91436
        
Serial Number: 85885065
Internet Transmission Date: Tue Oct 21 13:49:35 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2014102113493505
0727-85885065-50067ccaedda8e26155ab759be
c579d77c8da2effd9423bf77cd278be3b97d8-N/
A-N/A-20141021134540924010