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. 86066282 HOME SOURCE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86066282) 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 Decorative wall art and furniture consisting of vanities, benches, chairs, bar stools, mirror and console tables, end tables, cocktail tables, bistro sets, coat racks, dinette sets, dining room sets, pantry units, shelves, book shelf units, panel screens, computer carts, desks, television stands, bed frames, bunk beds, box springs, cots, storage containers, sofas, futons, wardrobes, drawer chests, bathroom space savers, clothing centers, lamps, wine racks, microwave carts, china cabinets, mirrors, sconces, decorative bowls, decorative vases, decorative chargers, and decorative sculptures and figurines
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 08/01/2003 and first used in commerce at least as early as 08/01/2003 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Decorative wall art and furniture consisting of vanities, benches, chairs, bar stools, mirror and console tables, end tables, cocktail tables, bistro sets, coat racks, dinette sets, dining room sets, pantry units, shelves, book shelf units, panel screens, computer carts, desks, television stands, bed frames, bunk beds, box springs, cots, storage containers, sofas, futons, wardrobes, drawer chests, bathroom space savers, clothing centers, lamps, wine racks, microwave carts, china cabinets, mirrors, sconces, decorative bowls, decorative vases, decorative chargers, and decorative sculptures and figurines; Decorative wall art and furniture consisting of vanities, benches, chairs, bar stools, mirror and console tables, end tables, cocktail tables, bistro sets consisting of tables and chairs, coat racks, dinette sets consisting of tables and chairs, dining room sets consisting of tables and chairs, pantry units consisting of cabinets and storage shelves, shelves, book shelf units, panel screens, desks, television stands, bed frames, bunk beds, box springs, cots, non-metal and non-paper storage containers, sofas, futons, wardrobes, drawer chests, bathroom space savers in the nature of shelving, clothing centers in the nature of armoires, wine racks, microwave carts, china cabinets, mirrors, decorative sculptures and figurines of plastic and resinClass 020 for Decorative wall art and furniture consisting of vanities, benches, chairs, bar stools, mirror and console tables, end tables, cocktail tables, bistro sets consisting of tables and chairs, coat racks, dinette sets consisting of tables and chairs, dining room sets consisting of tables and chairs, pantry units consisting of cabinets and storage shelves, shelves, book shelf units, panel screens, desks, television stands, bed frames, bunk beds, box springs, cots, non-metal and non-paper storage containers, sofas, futons, wardrobes, drawer chests, bathroom space savers in the nature of shelving, clothing centers in the nature of armoires, wine racks, microwave carts, china cabinets, mirrors, decorative sculptures and figurines of plastic and resin
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 08/01/2003 and first used in commerce at least as early as 08/01/2003 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for decorative sculptures and figurines of common metal
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 09/20/2012 and first used in commerce at least as early as 09/20/2012 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 006 . The specimen(s) submitted consists of Packaging containing product with mark .
"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

Applicant hereby adds the following class of goods/services to the application:
New: Class 011 for lamps; electric lighting fixtures, namely, sconces
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 09/20/2012 and first used in commerce at least as early as 09/20/2012 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 011 . The specimen(s) submitted consists of Packaging containing product with mark .
"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

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
PAUL E. PARAY
INFOLAWGROUP LLP
226 SAINT PAUL ST
WESTFIELD
New Jersey (NJ)
US
07090-2100

Proposed:
PAUL E. PARAY of Zimmerman Weiser & Paray LLP, having an address of
226 SAINT PAUL ST WESTFIELD, New Jersey 07090-2100
United States
pep@zwpllp.com;evarzack@gmail.com
908 654 8000
The docket/reference number is HOME SOURCE .



FEE(S)
Fee(s) in the amount of $650 is being submitted.

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: /Paul E. Paray/      Date: 01/31/2014
Signatory's Name: Paul E. Paray
Signatory's Position: Attorney of record, NJ bar member
Signatory's Phone Number: 908 654 8000


Response Signature
Signature: /Paul E. Paray/     Date: 01/31/2014
Signatory's Name: Paul E. Paray
Signatory's Position: Attorney of record, NJ bar member

Signatory's Phone Number: 908 654 8000

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:    PAUL E. PARAY
   Zimmerman Weiser & Paray LLP
   226 SAINT PAUL ST
   WESTFIELD, New Jersey 07090-2100
        
RAM Sale Number: 86066282
RAM Accounting Date: 01/31/2014
        
Serial Number: 86066282
Internet Transmission Date: Fri Jan 31 12:52:07 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2014013112520755
1166-86066282-50095bea0a94fb767dce2f3463
c496b36447a5a526dc6a997a92a77c657b2cb212
-CC-11757-20140131121704783942