Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86813413 BILTMORE (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86813413/large) 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 online and retail store services featuring food and wines; soup mixes, specialty food items, namely, jams and jellies dips for fruits, salad dressings, candies, coffee, tea; juices, namely, grape juice; home furnishings, home decorative items, candles and scented candles, lamps, figures of resin; picture frames made of wood or resins; mirrors; printed art reproductions; dinnerware; decorative accessories, and non-electric and candlesticks not of precious metal; vases, urns, cast stone containers for household and garden use, holiday ornaments of ceramic and glass, glassware, namely, stemware; decorative bowls and plates made of ceramic, or earthenware; permanent floral arrangements in the nature of artificial flowers; bottled drinking water, wine, still and sparkling wines; jewelry, namely, earrings, necklaces, bracelets and pendants made of precious metals; liquid and skin soaps; perfumes; cosmetics, lotions, namely, hand and body lotions, living plants, and business meeting and business conference planning
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 05/31/2006 and first used in commerce at least as early as 05/31/2006 , and is now in use in such commerce.

Proposed:
Tracked Text Description: online and retail store services featuring food and wines; Retail store services including online retail stores services featuring food and wines, soup mixes, specialty food items, namely, jams and jellies dips for fruits, salad dressings, candies, coffee, tea, juices, namely, grape juice, home furnishings, home decorative items, candles and scented candles, lamps, figures of resin, picture frames made of wood or resins, mirrors, printed art reproductions, dinnerware, decorative accessories, and non-electric and candlesticks not of precious metal, vases, urns, cast stone containers for household and garden use, holiday ornaments of ceramic and glass, glassware, namely, stemware, decorative bowls and plates made of ceramic, or earthenware, permanent floral arrangements in the nature of artificial flowers, bottled drinking water, wine, still and sparkling wines, jewelry, namely, earrings, necklaces, bracelets and pendants made of precious metals, liquid and skin soaps, perfumes, cosmetics, lotions, namely, hand and body lotions, living plants; soup mixes, specialty food items, namely, jams and jellies dips for fruits, salad dressings, candies, coffee, tea; business meeting and business conference planning; juices, namely, grape juice; home furnishings, home decorative items, candles and scented candles, lamps, figures of resin; picture frames made of wood or resins; mirrors; printed art reproductions; dinnerware; decorative accessories, and non-electric and candlesticks not of precious metal; vases, urns, cast stone containers for household and garden use, holiday ornaments of ceramic and glass, glassware, namely, stemware; decorative bowls and plates made of ceramic, or earthenware; permanent floral arrangements in the nature of artificial flowers; bottled drinking water, wine, still and sparkling wines; jewelry, namely, earrings, necklaces, bracelets and pendants made of precious metals; liquid and skin soaps; perfumes; cosmetics, lotions, namely, hand and body lotions, living plants, and business meeting and business conference planningClass 035 for Retail store services including online retail stores services featuring food and wines, soup mixes, specialty food items, namely, jams and jellies dips for fruits, salad dressings, candies, coffee, tea, juices, namely, grape juice, home furnishings, home decorative items, candles and scented candles, lamps, figures of resin, picture frames made of wood or resins, mirrors, printed art reproductions, dinnerware, decorative accessories, and non-electric and candlesticks not of precious metal, vases, urns, cast stone containers for household and garden use, holiday ornaments of ceramic and glass, glassware, namely, stemware, decorative bowls and plates made of ceramic, or earthenware, permanent floral arrangements in the nature of artificial flowers, bottled drinking water, wine, still and sparkling wines, jewelry, namely, earrings, necklaces, bracelets and pendants made of precious metals, liquid and skin soaps, perfumes, cosmetics, lotions, namely, hand and body lotions, living plants; business meeting and business conference planning
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 05/31/2006 and first used in commerce at least as early as 05/31/2006 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /J. Bennett Mullinax/     Date: 03/16/2016
Signatory's Name: J. Bennett Mullinax
Signatory's Position: Attorney of Record, SC Bar 7771

Signatory's Phone Number: 8649879696

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86813413
Internet Transmission Date: Wed Mar 16 14:34:52 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201603161434528888
75-86813413-5508537608f2d5d986ac4e583cc3
f24cb3753231c2d2ed08c45aa7ff2694294d3ee-
N/A-N/A-20160316143141901505