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. 86351053 PALADONE(Standard Characters, see http://uspto.report/TM/86351053/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 035 for The bringing together, for the benefit of others, of a variety of goods in the form of stationery, gadgets (mechanical or electronic devices and tools), games, toys, housewares, household or kitchen utensils and containers, cosmetic and toilet utensils and bathroom articles, luggage, bags, wallets and other carriers enabling customers to conveniently view and purchase those goods by mail order or by means of telecommunications or from an Internet website; advertising services; distribution of samples; providing ordering information by means of a global computer network in relation to the aforesaid services; consultation, information and advice in relation to the aforesaid services
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Community application number 012598884 filed 02/14/2014]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community registration number 012598884 registered 07/18/2014 with a renewal date of __________ and an expiration date of 02/14/2024 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: The bringing together, for the benefit of others, of a variety of goods in the form of stationery, gadgets (mechanical or electronic devices and tools), games, toys, housewares, household or kitchen utensils and containers, cosmetic and toilet utensils and bathroom articles, luggage, bags, wallets and other carriers enabling customers to conveniently view and purchase those goods by mail order or by means of telecommunications or from an Internet website; The bringing together, for the benefit of others, of a variety of goods in the form of stationery, gadgets in the nature of mechanical or electronic devices and tools, games, toys, housewares, household or kitchen utensils and containers, cosmetic and toilet utensils and bathroom articles, luggage, bags, wallets and other carriers enabling customers to conveniently view and purchase those goods by mail order or by means of telecommunications or from an Internet website; advertising services; distribution of samples; providing ordering information by means of a global computer network in relation to the aforesaid services; consultation, information and advice in relation to the aforesaid servicesClass 035 for The bringing together, for the benefit of others, of a variety of goods in the form of stationery, gadgets in the nature of mechanical or electronic devices and tools, games, toys, housewares, household or kitchen utensils and containers, cosmetic and toilet utensils and bathroom articles, luggage, bags, wallets and other carriers enabling customers to conveniently view and purchase those goods by mail order or by means of telecommunications or from an Internet website; advertising services; distribution of samples; consultation, information and advice in relation to the aforesaid services
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Community application number 012598884 filed 02/14/2014]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community registration number 012598884 registered 07/18/2014 with a renewal date of __________ and an expiration date of 02/14/2024 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Z. Peter Sawicki/     Date: 12/17/2014
Signatory's Name: Z. Peter Sawicki
Signatory's Position: Attorney of Record; MN bar member

Signatory's Phone Number: 612-334-3222

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: 86351053
Internet Transmission Date: Wed Dec 17 12:11:25 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201412171211253
71097-86351053-500a09fe3f9755cf48f683d4f
85996704b632e0b81fed257372a44de3ffe49f-N
/A-N/A-20141217112822968841