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. 86259667 ART IN MOTION (Stylized and/or with Design, see http://uspto.report/TM/86259667/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 Accent pillows, utility pillows; furniture, namely, furniture in bedroom, living room, office, outdoor, mirrors, and picture frames
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 01/01/1996 and first used in commerce at least as early as 01/01/1996 , and is now in use in such commerce.

Proposed:
Tracked Text Description: accent pillows, utility pillows; furniture, namely, furniture in bedroom, living room, office, outdoor, mirrors, and picture frames; bedroom furniture, living room furniture, office furniture, outdoor furniture; , mirrors, picture frames; feather bedsClass 020 for accent pillows, utility pillows; bedroom furniture, living room furniture, office furniture, outdoor furniture;, mirrors, picture frames; feather beds
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 01/01/1996 and first used in commerce at least as early as 01/01/1996 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for bath accessories, namely, soap dishes, lotion pumps, toothbrush holders, tissue boxes, waste baskets
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 01/01/1996 and first used in commerce at least as early as 01/01/1996 , and is now in use in such commerce.

Proposed:
Tracked Text Description: bath accessories, namely, soap dishes, lotion pumps, toothbrush holders, tissue boxes, waste baskets; soap dishes, lotion containers sold empty for domestic use, toothbrush holders, ceramic tissue box covers, waste basketsClass 021 for soap dishes, lotion containers sold empty for domestic use, toothbrush holders, ceramic tissue box covers, waste baskets
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 01/01/1996 and first used in commerce at least as early as 01/01/1996 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for bedding, namely, comforters, quilts, coverlets, bedspreads, duvet covers, shams, blankets, throws, mattress pads, feather/fiberbeds, pillow protectors; sheet sets; window accessories, namely, draperies, valances, sheers, swags; bath accessories, namely, shower curtains, bath towels, and bath rugs
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 01/01/1996 and first used in commerce at least as early as 01/01/1996 , and is now in use in such commerce.

Proposed:
Tracked Text Description: bedding, namely, comforters, quilts, coverlets, bedspreads, duvet covers, shams, blankets, throws, mattress pads, feather/fiberbeds, pillow protectors; comforters, quilts, coverlets, bedspreads, duvet covers, shams, bed blankets, throws, mattress pads, pillow covers; sheet sets; window accessories, namely, draperies, valances, sheers, swags; draperies, fabric valances, fabric sheers, swags; bath accessories, namely, shower curtains, bath towels, and bath rugs; shower curtains, bath towelsClass 024 for comforters, quilts, coverlets, bedspreads, duvet covers, shams, bed blankets, throws, mattress pads, pillow covers; sheet sets; draperies, fabric valances, fabric sheers, swags; shower curtains, bath towels
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 01/01/1996 and first used in commerce at least as early as 01/01/1996 , and is now in use in such commerce.
APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: E & E Co., Ltd., DBA JLA Home, a corporation of California, having an address of
      45875 Northport Loop E
      Fremont, California 94538
      United States

      XXXX
      510-490-9788
Proposed: E & E Co., Ltd., DBA JLA Home, a corporation of California, having an address of
      45875 Northport Loop E
      Fremont, California 94538
      United States
      XXXX
      510-490-9788

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
E & E CO., LTD.
E & E CO., LTD.
45875 NORTHPORT LOOP E
FREMONT
California (CA)
US
94538-6414

Proposed:
E & E CO., LTD., having an address of
45875 Northport Loop East 45875 NORTHPORT LOOP E FREMONT, California 94538-6414
United States
jude.anthony@jlahome.com;nancy.hattersley@jlahome.com
510-490-9788



ADDITIONAL STATEMENTS
Color Claim
The color(s) gray, red, blue, purple, green, yellow, pink and orange is/are claimed as a feature of the mark.

Description of mark
The mark consists of the wording "ART IN MOTION" in dark gray with stylized letter "O" resembling a rainbow colored in red, blue, purple, green, yellow, pink and orange.

SIGNATURE(S)
Response Signature
Signature: //JUDE ANTHONY//     Date: 10/30/2014
Signatory's Name: Jude Anthony
Signatory's Position: Manager, Legal Affairs

Signatory's Phone Number: 510-490-9788 x163

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

Mailing Address:    E & E CO., LTD.
   45875 Northport Loop East
   45875 NORTHPORT LOOP E
   FREMONT, California 94538-6414
        
Serial Number: 86259667
Internet Transmission Date: Thu Oct 30 14:39:43 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20141030143943032
198-86259667-500b63950767adf7a7c33b5a832
081eb187b39981231ce7f27d096993a37969-N/A
-N/A-20141030140625163116