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. 86875675 LH44(Standard Characters, see http://uspto.report/TM/86875675/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

This response answers the objection in the Office Action by deleting "sportswear" from the Class 25 goods list. Please pass the application to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, swimwear, rainwear, sportswear, warm-up suits, athletic footwear, nightwear, underwear, ski wear, and track suits; overalls, coats, mantles, suits, jackets, waterproof jackets, waterproof coats, waist coats, bath robes, jumpers, trousers, shorts, shirts, polo shirts, t-shirts, sweatshirts and sweatbands; footwear; gaiters; socks; headwear; headgear, namely, hats and baseball caps and visors; anti-glare visors; neckwear, scarves; gloves; belts; braces for trousers; hat and head bands; driving gloves
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community - CTM registration number 014365928 registered 02/10/2016 with a renewal date of __________ and an expiration date of 07/14/2025 ], 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: Clothing, namely, swimwear, rainwear, sportswear, warm-up suits, athletic footwear, nightwear, underwear, ski wear, and track suits; Clothing, namely, swimwear, rainwear, warm-up suits, athletic footwear, nightwear, underwear, ski wear, and track suits; overalls, coats, mantles, suits, jackets, waterproof jackets, waterproof coats, waist coats, bath robes, jumpers, trousers, shorts, shirts, polo shirts, t-shirts, sweatshirts and sweatbands; footwear; gaiters; socks; headwear; headgear, namely, hats and baseball caps and visors; anti-glare visors; antiglare visors; neckwear, scarves; gloves; belts; braces for trousers; hat and head bands; driving glovesClass 025 for Clothing, namely, swimwear, rainwear, warm-up suits, athletic footwear, nightwear, underwear, ski wear, and track suits; overalls, coats, mantles, suits, jackets, waterproof jackets, waterproof coats, waist coats, bath robes, jumpers, trousers, shorts, shirts, polo shirts, t-shirts, sweatshirts and sweatbands; footwear; gaiters; socks; headwear; headgear, namely, hats and baseball caps and visors; antiglare visors; neckwear, scarves; gloves; belts; braces for trousers; hat and head bands; driving gloves
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 014365928 registered 02/10/2016 with a renewal date of __________ and an expiration date of 07/14/2025 ], 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: /dwe/     Date: 10/31/2016
Signatory's Name: David Ehrlich
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 212-813-5920

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: 86875675
Internet Transmission Date: Mon Oct 31 13:49:51 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20161031134951696
945-86875675-57046782adae8654a08180a7fca
069c42571cef9a8537858b95ab2a457d7a175-N/
A-N/A-20161031134904647330