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. 86029374 FAB (Stylized and/or with Design, see http://uspto.report/TM/86029374/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 020 for Door handles; knobs; handles; 3D ornaments made from plastic; Accent pillows; Air mattresses for use when camping; Animal horns; Antlers; Armchairs; Armoires; Artificial horns; Baby bouncers; Baby changing mats; Baby changing platforms; Baby changing tables; Baby walkers; Bamboo blinds; Bamboo curtains; Bamboo poles; Bassinets; Bath pillows; Bathroom and shaving mirrors; Bathroom furniture; Bathroom vanities; Beach chairs; Bead curtains for decoration; Bean bag beds; Bean bag chairs; Bean bag pillows; Bed frames; Bed headboards; Bed pillows; Bed rails; Bed rests; Bedroom furniture; Beds; Beds for household pets; Bedside tables; Benches; Bone carvings; Bookcases; Bookshelves; Bottle racks; Box springs; Altars; Buffets; Bulletin boards; Bumper guards for cribs; Bumper guards for furniture; Bunk beds; Busts of wood, wax, plaster or plastic; Busts of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Cabinet doors for furniture cabinets; Cabinet drawers for furniture cabinets; Cabinets; Cabinets for display purposes; Camping furniture; Capsules sold empty for beauty care and cosmetic products; Cast stone household and garden furniture; Cat scratching pads; Cat scratching posts; Cedar panels for use as drawer liners; Ceramic knobs and glass knobs; Chair beds; Chair cushions; Chair mats in the nature of a pillow or seat liner; Chair pads; Chairs; Chaise lounges; Chests of drawers; Cheval floor mirrors; Cheval glasses; Closet accessories, namely, belt racks; Closet accessories, namely, clothes bars; Closet accessories, namely, shoe racks; Closet accessories, namely, sliding clothes rails; Clothes hangers; Clothes rods; Coat racks; Coat stands; Cold cast resin figurines; Collapsible platform seats and stools; Computer furniture; Computer keyboard trays; Console tables; Corkboards; Cots; Couches; Crate covers for pets; Crates; Credenzas; Cribs; Cupboards; Curtain hooks; Curtain rails; Curtain rings; Curtain rods; Cushions; Custom furniture; Deck chairs; Decorative bead curtains; Decorative boxes made of plastic; Decorative boxes made of wood; Decorative centerpieces of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Decorative crosses made of wood; Decorative decoys made of plastic; Decorative glitter; Decorative mobiles; Decorative wooden wall letters for spelling names and words; Desks; Diaper changing mats; Dining chairs; Dining tables; Dinner wagons; Director's chairs; Dog beds; Dog kennels; Door bells not of metal, non-electric; Door handles, not of metal; Door knockers not of metal; Door nameplates, not of metal; Door stops of plastic; Door stops of wood; Doors for furniture; Dowels not of metal; Drafting tables; Drapery hardware, namely, traverse rods, poles, curtain hooks, curtain rods and finials; Drawer organizers; Drawer organizers for silverware; Drawer pulls of glass, porcelain or earthenware; Drawer pulls of plastic or wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials; Drawers; Dreamcatchers; Dressers; Dressing tables; Dressmaker's dummies; Drop-leaf tables; Drummer's stool; Easy chairs; End tables; Entertainment centers; Ergonomic chairs for use in seated massages; Fabric cake toppers; Fabric figurines; Fabric tissue box covers; Fabric window blinds; Feather beds; Figures made of rattan; Figures of closed cell resin polymer material; Figurines of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Filing cabinets; Fireplace screens; Fitted fabric furniture covers; Fitted fabric slipcovers for furniture; Fitted furniture cover not of fabric; Floor pillows; Flower-pot pedestals; Flower-stands; Foam toe separators for use in pedicures; Folding beds; Folding floor screens; Folding shelves; Foot rests; Foot stools; Frames for oil paintings; Frames for paintings; Furniture; Furniture chests; Furniture for house, office and garden; Furniture parts; Furniture, mirrors, picture frames; Futon mattresses; Futons; Gazing globes; Glass for use in framing art; Hand fans; Hand mirrors; Hangers in the nature of non-metal hooks used to hang a purse or bag from a table; Hat boxes for storage made of plastic; Hat racks; Hat stands; Head supporting pillows; High chairs; Holiday ornaments of plastic; Hutches; Imitation foods comprised of plastic; Indoor blinds; Infant walkers; Inflatable furniture; Interior window coverings, namely, vertical and horizontal louvers; Internal venetian blinds; Japanese floor cushions (zabuton); Japanese style arm rests (kyosoku); Japanese style floor seats (zaisu); Japanese style low desks (wazukue); Japanese style low tables (zataku); Key cabinets; Key fobs, not of metal; Kitchen cabinets; Lawn furniture; Leather picture frames; Lounge chairs; Love seats; Mattress toppers; Mattresses; Mirror tiles; Mirrors; Mosaic tables; Nightstands; Non-electric fans for personal use; Non-metal and non-paper closures for BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Non-metal cabinet door catches; Non-metal caps for bottles; Non-metal door handles; Non-metal hinges; Non-metal hooks; Non-metal house numbers; Non-metal key holders; Non-metal key rings; Non-metal knobs; Novelty pillows; Office chairs; Office furniture; Ornaments of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Ottomans; Outdoor furniture; Packaging containers of plastic; Personal compact mirrors; Pet crates; Pet cushions; Pet furniture; Picture frames; Pillows; Plant racks; Plant stands; Plastic bins; Plastic boxes; Plastic cake decorations; Plastic cake toppers; Plastic doorknobs; Plastic key chains; Plastic landscape edging; Plastic molds for making soap; Plastic sculptures; Plastic squeeze tubes sold empty; Plastic tissue box covers; Plate racks; Playhouses for pets; Playpens; Porcelain doorknobs; Porcelain knobs; Porcelain or earthenware doorknobs; Porcelain pulls; Porch swings; Portable beds for pets; Portable kennels; Pot racks; Prefabricated closet organization systems made of metal; Prefabricated closet organization systems made of wood; Racks for holding placemats which may be affixed to a refrigerator; Rattan; Raw coral; Raw mother of pearl; Recliners; Rocking chairs; Scratching posts; Screens; Sculptures of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Sea shells; Seat cushions; Serving trolleys; Shadow boxes; Shelves; Shoe cabinets; Shoe racks; Shower curtain hooks; Shower curtain rings; Shower curtain rods; Shower rods; Sleeper sofas; Sleeping bags; Sofa beds; Sofas; Standing desks; Statues of bone; Statues of ivory; Statues of plaster; Stone furniture; Stools; Stoppers of cork or cork imitations; Storage racks; Stuffed animals; Table tops; Television stands; Tie racks; Tissue box covers of textile; Tissue box covers of wood; Tool boxes not of metal; Tool chests not of metal; Toy boxes; Toy chests; Umbrella stands; Wax figurines; Wig trees, namely, nonmetal stands for wig display and storage; Wind chimes; Window blinds; Window fittings, not of metal; Window shades; Wine racks; Wood barrels; Wood bins; Wood boxes; Wood carvings; Wood cases; Wood chopping block tables; Wood crates; Wood doorknobs; Wood knobs; Wood poles; Wood pulls; Wooden sculptures; Works of art in mixed media composed primarily of polymers; Works of art made of plaster; Works of art made of wax; Works of art made of wood; Works of art of wood, wax, plaster or plastic; Works of art of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Writing desks
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: Door handles; 3D ornaments made from plastic; knobs; Accent pillows; handles; Antlers; Armchairs; Armoires; Air mattresses for use when camping; Bath pillows; Animal horns; Bathroom furniture; Bathroom vanities; Beach chairs; Bead curtains for decoration; Artificial horns; Bean bag beds; Baby bouncers; Bean bag chairs; Baby changing mats; Bean bag pillows; Baby changing platforms; Bed frames; Baby changing tables; Bed headboards; Baby walkers; Bed pillows; Bamboo blinds; Bedroom furniture; Bamboo curtains; Beds; Bamboo poles; Beds for household pets; Bassinets; Bedside tables; Benches; Bathroom and shaving mirrors; Bookcases; Bookshelves; Bottle racks; Box springs; altars for household use; Buffets; Bulletin boards; Bunk beds; Cabinets; Cabinets for display purposes; Capsules sold empty for beauty care and cosmetic products; Bed rails; Cast stone household and garden furniture; Bed rests; Cat scratching pads; Cat scratching posts; Chair beds; Chair cushions; Chair mats in the nature of a pillow or seat liner; Chair pads; Bone carvings; Chairs; Chaise lounges; Chests of drawers; Computer furniture; Computer keyboard trays; Altars; Console tables; Couches; Credenzas; Bumper guards for cribs; Cupboards; Bumper guards for furniture; Cushions; Custom furniture; Busts of wood, wax, plaster or plastic; Deck chairs; Busts of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Decorative bead curtains; Cabinet doors for furniture cabinets; Decorative boxes made of plastic; Cabinet drawers for furniture cabinets; Decorative boxes made of wood; Decorative centerpieces of PLASTER, PLASTIC, WOOD; Decorative mobiles; Camping furniture; Decorative wooden wall letters for spelling names and words; Desks; Dining chairs; Dining tables; Dinner wagons; Cedar panels for use as drawer liners; Director's chairs; Ceramic knobs and glass knobs; Door stops of plastic; Door stops of wood; Drafting tables; Drawer organizers; Drawer organizers for silverware; Dressers; Dressmaker's dummies; Drop-leaf tables; Cheval floor mirrors; Easy chairs; Cheval glasses; End tables; Closet accessories, namely, belt racks; Entertainment centers; Closet accessories, namely, clothes bars; Feather bedsFigurines of PLASTER, PLASTIC, WOOD; Closet accessories, namely, shoe racks; Filing cabinets; Closet accessories, namely, sliding clothes rails; Fitted fabric furniture covers; Clothes hangers; Fitted fabric slipcovers for furniture; Clothes rods; Fitted furniture cover not of fabric; Coat racks; Floor pillows; Coat stands; Flower-pot pedestals; Cold cast resin figurines; Flower-stands; Collapsible platform seats and stools; Foot stools; Frames for oil paintings; Frames for paintings; Furniture; Corkboards; Furniture chests; Cots; Furniture for house, office and garden; Furniture parts; Crate covers for pets; Furniture, mirrors, picture frames; Crates; Futon mattresses; Futons; Cribs; Gazing globes; Glass for use in framing art; Curtain hooks; Hand fans; Curtain rails; Hand mirrors; Curtain rings; Hangers in the nature of non-metal hooks used to hang a purse or bag from a table; Curtain rods; Hat boxes for storage made of plastic; Hat racks; Hat stands; Head supporting pillows; High chairs; Holiday ornaments of plastic; Hutches; Decorative centerpieces of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Inflatable furniture; Decorative crosses made of wood; Key cabinets; Decorative decoys made of plastic; Key fobs, not of metal; Decorative glitter; Kitchen cabinets; Lawn furniture; Leather picture frames; Lounge chairs; Diaper changing mats; Love seats; Mattress toppers; Mattresses; Mirror tiles; Mirrors; Dog beds; Mosaic tables; Dog kennels; Nightstands; Door bells not of metal, non-electric; Novelty pillows; Door handles, not of metal; Ornaments of PLASTER, PLASTIC, WAX, WOOD; Door knockers not of metal; Ottomans; Door nameplates, not of metal; Outdoor furniture; Plastic sculptures; Plastic tissue box covers; Doors for furniture; Plate racks; Dowels not of metal; Portable beds for pets; Prefabricated closet organization systems made of metal; Drapery hardware, namely, traverse rods, poles, curtain hooks, curtain rods and finials; Prefabricated closet organization systems made of wood; Racks for holding placemats which may be affixed to a refrigerator; Recliners; Drawer pulls of glass, porcelain or earthenware; Rocking chairs; Drawer pulls of plastic or wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials; Sculptures of PLASTER, PLASTIC, WAX, WOOD; Drawers; Shadow boxes; Dreamcatchers; Shelves; Shoe cabinets; Dressing tables; Shoe racks; Sleeper sofas; Sleeping bags; Drummer's stool; Sofa beds; Sofas; Standing desks; Statues of bone; Ergonomic chairs for use in seated massages; Statues of ivory; Fabric cake toppers; Statues of plaster; Fabric figurines; Stone furniture; Fabric tissue box covers; Stools; Fabric window blinds; Stoppers of cork or cork imitations; Feather beds; Storage racks; Figures made of rattan; Television stands; Figures of closed cell resin polymer material; Tie racks; Figurines of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Tissue box covers of textile; Tissue box covers of wood; Fireplace screens; Tool boxes not of metal; Tool chests not of metal; Toy boxes; Toy chests; Umbrella stands; Wine racks; Wood barrels; Foam toe separators for use in pedicures; Wood bins; Folding beds; Wood boxes; Folding floor screens; Wood carvings; Folding shelves; Wood cases; Foot rests; Wood chopping block tables; Wood crates; Wood doorknobs; Wood knobs; Wood poles; Wood pulls; Wooden sculptures; Imitation foods comprised of plastic; Indoor blinds; Infant walkers; Interior window coverings, namely, vertical and horizontal louvers; Internal venetian blinds; Japanese floor cushions (zabuton); Japanese style arm rests (kyosoku); Japanese style floor seats (zaisu); Japanese style low desks (wazukue); Japanese style low tables (zataku); Non-electric fans for personal use; Non-metal and non-paper closures for BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Non-metal cabinet door catches; Non-metal caps for bottles; Non-metal door handles; Non-metal hinges; Non-metal hooks; Non-metal house numbers; Non-metal key holders; Non-metal key rings; Non-metal knobs; Office chairs; Office furniture; Ornaments of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Packaging containers of plastic; Personal compact mirrors; Pet crates; Pet cushions; Pet furniture; Picture frames; Pillows; Plant racks; Plant stands; Plastic bins; Plastic boxes; Plastic cake decorations; Plastic cake toppers; Plastic doorknobs; Plastic key chains; Plastic landscape edging; Plastic molds for making soap; Plastic squeeze tubes sold empty; Playhouses for pets; Playpens; Porcelain doorknobs; Porcelain knobs; Porcelain or earthenware doorknobs; Porcelain pulls; Porch swings; Portable kennels; Pot racks; Rattan; Raw coral; Raw mother of pearl; Scratching posts; Screens; Sculptures of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Sea shells; Seat cushions; Serving trolleys; Shower curtain hooks; Shower curtain rings; Shower curtain rods; Shower rods; Stuffed animals; Table tops; Wax figurines; Wig trees, namely, nonmetal stands for wig display and storage; Wind chimes; Window blinds; Window fittings, not of metal; Window shades; Works of art in mixed media composed primarily of polymers; Works of art made of plaster; Works of art made of wax; Works of art made of wood; Works of art of wood, wax, plaster or plastic; Works of art of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Writing desksClass 020 for 3D ornaments made from plastic; Accent pillows; Antlers; Armchairs; Armoires; Bath pillows; Bathroom furniture; Bathroom vanities; Beach chairs; Bead curtains for decoration; Bean bag beds; Bean bag chairs; Bean bag pillows; Bed frames; Bed headboards; Bed pillows; Bedroom furniture; Beds; Beds for household pets; Bedside tables; Benches; Bookcases; Bookshelves; Bottle racks; Box springs; altars for household use; Buffets; Bulletin boards; Bunk beds; Cabinets; Cabinets for display purposes; Capsules sold empty for beauty care and cosmetic products; Cast stone household and garden furniture; Cat scratching pads; Cat scratching posts; Chair beds; Chair cushions; Chair mats in the nature of a pillow or seat liner; Chair pads; Chairs; Chaise lounges; Chests of drawers; Computer furniture; Computer keyboard trays; Console tables; Couches; Credenzas; Cupboards; Cushions; Custom furniture; Deck chairs; Decorative bead curtains; Decorative boxes made of plastic; Decorative boxes made of wood; Decorative centerpieces of PLASTER, PLASTIC, WOOD; Decorative mobiles; Decorative wooden wall letters for spelling names and words; Desks; Dining chairs; Dining tables; Dinner wagons; Director's chairs; Door stops of plastic; Door stops of wood; Drafting tables; Drawer organizers; Drawer organizers for silverware; Dressers; Dressmaker's dummies; Drop-leaf tables; Easy chairs; End tables; Entertainment centers; Feather bedsFigurines of PLASTER, PLASTIC, WOOD; Filing cabinets; Fitted fabric furniture covers; Fitted fabric slipcovers for furniture; Fitted furniture cover not of fabric; Floor pillows; Flower-pot pedestals; Flower-stands; Foot stools; Frames for oil paintings; Frames for paintings; Furniture; Furniture chests; Furniture for house, office and garden; Furniture parts; Furniture, mirrors, picture frames; Futon mattresses; Futons; Gazing globes; Glass for use in framing art; Hand fans; Hand mirrors; Hangers in the nature of non-metal hooks used to hang a purse or bag from a table; Hat boxes for storage made of plastic; Hat racks; Hat stands; Head supporting pillows; High chairs; Holiday ornaments of plastic; Hutches; Inflatable furniture; Key cabinets; Key fobs, not of metal; Kitchen cabinets; Lawn furniture; Leather picture frames; Lounge chairs; Love seats; Mattress toppers; Mattresses; Mirror tiles; Mirrors; Mosaic tables; Nightstands; Novelty pillows; Ornaments of PLASTER, PLASTIC, WAX, WOOD; Ottomans; Outdoor furniture; Plastic sculptures; Plastic tissue box covers; Plate racks; Portable beds for pets; Prefabricated closet organization systems made of metal; Prefabricated closet organization systems made of wood; Racks for holding placemats which may be affixed to a refrigerator; Recliners; Rocking chairs; Sculptures of PLASTER, PLASTIC, WAX, WOOD; Shadow boxes; Shelves; Shoe cabinets; Shoe racks; Sleeper sofas; Sleeping bags; Sofa beds; Sofas; Standing desks; Statues of bone; Statues of ivory; Statues of plaster; Stone furniture; Stools; Stoppers of cork or cork imitations; Storage racks; Television stands; Tie racks; Tissue box covers of textile; Tissue box covers of wood; Tool boxes not of metal; Tool chests not of metal; Toy boxes; Toy chests; Umbrella stands; Wine racks; Wood barrels; Wood bins; Wood boxes; Wood carvings; Wood cases; Wood chopping block tables; Wood crates; Wood doorknobs; Wood knobs; Wood poles; Wood pulls; Wooden sculptures
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.

SIGNATURE(S)
Response Signature
Signature: /Holly Pranger/     Date: 04/25/2014
Signatory's Name: Holly Pranger
Signatory's Position: Attorney of Record/CA State Bar Member

Signatory's Phone Number: 415-885-9800

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: 86029374
Internet Transmission Date: Fri Apr 25 17:38:44 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2014042517384409
0570-86029374-500d81ba554428616e2d169f0a
7d2d8f092bacbe3178f60c43c5e77b5dca78440-
N/A-N/A-20140425173214780606