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. 85911774 LEGENDS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85911774) has been amended as follows:

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

No argument is given at this time. Applicant is instead deleting a class number and modifying the identification of goods and/or services. 


CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 014 for Key chains as jewellery; Key rings of precious metal

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Binders; Bumper stickers; Calendars; Decals; Notebooks; Pencils; Penholders; Pens; Postcards; Posters; Stickers
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.

Proposed:
Tracked Text Description: Binders; Calendars; Bumper stickers; Decals; and Posters; Notebooks; Pencils; Penholders; Pens; Postcards; Posters; StickersClass 016 for Calendars; Decals; and Posters
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Cocktail glasses; Coffee cups; Coffee cups, tea cups and mugs; Drinking glasses; Drinking glasses, namely, tumblers; Foam drink holders; Glass mugs; Plastic cups
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.

Proposed:
Tracked Text Description: Cocktail glasses; Foam drink holders; Coffee cups; Coffee cups, tea cups and mugs; Drinking glasses; Drinking glasses, namely, tumblers; Glass mugs; Plastic cupsClass 021 for Foam drink holders
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MARY E. VANDENACK
PARSONAGE VANDENACK WILLIAMS LLC
5332 S 138TH ST STE 100
OMAHA
Nebraska (NE)
US
68137-2945

Proposed:
Mary E. Vandenack of PARSONAGE VANDENACK WILLIAMS LLC, having an address of
17007 Marcy St., Ste. 3 OMAHA, Nebraska 68118
United States
mvandenack@pvwlaw.com;tlangan@pvwlaw.com;ip@pvwlaw.com
402-504-1300
402-504-1935



SIGNATURE(S)
Response Signature
Signature: /Mary E. Vandenack/     Date: 01/08/2014
Signatory's Name: Mary E. Vandenack
Signatory's Position: Attorney of record, Nebraska bar member

Signatory's Phone Number: 402-504-1300

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:    Mary E. Vandenack
   PARSONAGE VANDENACK WILLIAMS LLC
   17007 Marcy St., Ste. 3
   OMAHA, Nebraska 68118
        
Serial Number: 85911774
Internet Transmission Date: Wed Jan 08 17:01:47 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201401081701470
39022-85911774-50063b5d68568367477295986
27463c78dddbc9c36cd5dc9dfc288a5942a50241
e-N/A-N/A-20140108165136677307