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. 86950130 TRIUMPH(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86950130/large) has been amended as follows:

EVIDENCE
Evidence in the nature of Office Action Response has been attached.
Original PDF file:
evi_5024520949-20160812123925075414_._00617836.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Safety liquid-proof footwear, namely, safety liquid-proof boots
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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 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/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Safety liquid-proof footwear, namely, safety liquid-proof boots; Protective safety liquid-proof footwear, namely, safety waterproof boots of polymeric material, namely polyurethaneClass 009 for Protective safety liquid-proof footwear, namely, safety waterproof boots of polymeric material, namely polyurethane
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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 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/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Liquid-proof footwear, namely, liquid-proof boots
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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 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/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Liquid-proof footwear, namely, liquid-proof boots; Footwear, namely, waterproof boots of polymeric material, namely polyurethaneClass 025 for Footwear, namely, waterproof boots of polymeric material, namely polyurethane
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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 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/services that meet the certification standards of the applicant.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
KAREN M. WHITNEY
SERVILLA WHITNEY LLC
33 WOOD AVENUE SOUTH
SUITE 830
ISELIN
New Jersey
US
08830

Proposed:
KAREN M. WHITNEY of SERVILLA WHITNEY LLC, having an address of
SUITE 830 33 WOOD AVENUE SOUTH ISELIN, New Jersey 08830
United States
trademark@dsiplaw.com;kwhitney@dsiplaw.com; sservilla@dsiplaw.com
732-815-0404
732-815-1330
The docket/reference number is TRC0307US .



SIGNATURE(S)
Response Signature
Signature: /Karen M. Whitney/     Date: 08/12/2016
Signatory's Name: Karen M. Whitney
Signatory's Position: Attorney of record, NJ bar member

Signatory's Phone Number: 732-815-0404

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.

Mailing Address:    KAREN M. WHITNEY
   SERVILLA WHITNEY LLC
   SUITE 830
   33 WOOD AVENUE SOUTH
   ISELIN, New Jersey 08830
        
Serial Number: 86950130
Internet Transmission Date: Fri Aug 12 12:48:32 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2016081212483267
2329-86950130-5508885cc2123ea14a237625ec
ecdf50ad959331932c7256975a6b1fa2f7cc2c7-
N/A-N/A-20160812123925075414