TEAS Response to Suspension Inquiry

PTO Form 1822 (Rev 11/2007)

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

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PTO Form 1822 (Rev 11/2007)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 86976052 REPRESENT(Standard Characters, see http://uspto.report/TM/86976052/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of European Community registration number 012753356 registered 03/25/2015, with a renewal date of __________ and an expiration date of __________ , and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_751459433-173258013_._Represent-CTM.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Computer software; interactive video game programs

Applicant hereby deletes the following class of goods/services from the application.
Class 039 for Delivery services, including withing the framework of e-commerce

Applicant hereby deletes the following class of goods/services from the application.
Class 040 for Printing of designs; printing of garments; trimming of materials to order; embroidery; material processing; change of clothes; manufacture of garments; printing of patterns; printing of words; mounting of fabrics; leather processing; information about material processing; trimming of materials on order; offset printing services; paper treatment

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Paper; printed matter; photographs; stationery; books; calendars; greeting cards; bookmarks; loose-leaf binders; magazines; music greeting cards; notebooks; paper ribbons; paper napkins; paper handkerchiefs; paper bags; newsletters; writing sets; desk pads; drawing pads
Original Filing Basis:
Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 016 for Paper; printed matter; photographs; stationery; books; calendars; greeting cards; bookmarks; loose-leaf binders; magazines; music greeting cards; notebooks; paper ribbons; paper napkins; paper handkerchiefs; paper bags; newsletters; writing sets; desk pads; drawing pads
Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-751459433-173258013_._Represent-CTM.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Luggage; duffel bags; leather bags; wallets; general purpose sport bags; handbags; waist packs; backpacks; gym bags; attache cases; billfolds; briefcases; fanny packs; key cases; purses; umbrellas
Original Filing Basis:
Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 018 for Luggage; duffel bags; leather bags; wallets; general purpose sport bags; handbags; waist packs; backpacks; gym bags; attache cases; billfolds; briefcases; fanny packs; key cases; purses; umbrellas
Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU2-751459433-173258013_._Represent-CTM.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Order placement services and invoice management, including within the framework of e-commerce; rental of advertising space, including on the Internet (banner exchange); On-line retail store services featuring clothing, luggage, duffel bags, leather bags, wallets,general purpose sport bags, handbags, waist packs, gym bags, attache cases, billfolds, briefcases, fanny pecks, key cses, purses, umbrellas, footwear and headgear; computerized on-line ordering and wholesale distributorship services featuring clothing, accessories and general merchandise; dissemination of advertising for others via an on-line electronic communications network; retail store services featuring clothing
Original Filing Basis:
Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Order placement services and invoice management, including within the framework of e-commerce; rental of advertising space, including on the Internet (banner exchange); On-line retail store services featuring clothing, luggage, duffel bags, leather bags, wallets,general purpose sport bags, handbags, waist packs, gym bags, attache cases, billfolds, briefcases, fanny pecks, key cses, purses, umbrellas, footwear and headgear; retail store services featuring clothing. Store services, namely online retail store services featuring clothing, and providing a platform for others to feature clothing and merchandise, including luggage, duffel bags, leather bags, wallets ,general purpose sport bags, handbags, waist packs, gym bags, attaché cases, billfolds, briefcases, fanny packs, key cases, purses, umbrellas, footwear and headwear, namely hats and caps; computerized on-line ordering and wholesale distributorship services featuring clothing, accessories and general merchandise; dissemination of advertising for others via an on-line electronic communications network; dissemination of advertising for others via an on-line electronic communications network.; retail store services featuring clothingClass 035 for Order placement services and invoice management, including within the framework of e-commerce; rental of advertising space, including on the Internet (banner exchange); retail store services featuring clothing. Store services, namely online retail store services featuring clothing, and providing a platform for others to feature clothing and merchandise, including luggage, duffel bags, leather bags, wallets ,general purpose sport bags, handbags, waist packs, gym bags, attaché cases, billfolds, briefcases, fanny packs, key cases, purses, umbrellas, footwear and headwear, namely hats and caps; computerized on-line ordering and wholesale distributorship services featuring clothing, accessories and general merchandise; dissemination of advertising for others via an on-line electronic communications network.
Deleted Filing Basis: 44(d)
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 04/30/2015 and first used in commerce at least as early as 04/30/2015, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 035. The specimen(s) submitted consists of Specimen showing the mark in connection with the applied-for services..
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. Specimen File1
Specimen File2

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.


Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

Signature: /Daniel Rosenberg/    Date: 07/01/2015
Signatory's Name: Daniel Rosenberg
Signatory's Position: COO

Response Suspension Inquiry Signature
Signature: /Jeffrey H. Greger/     Date: 07/01/2015
Signatory's Name: Jeffrey H. Greger
Signatory's Position: 703-684-1111
Signatory's Phone Number: 703-684-1111

        
Serial Number: 86976052
Internet Transmission Date: Wed Jul 01 11:34:49 EDT 2015
TEAS Stamp: USPTO/RSI-XX.XXX.XX.XX-20150701113449942
534-86976052-530c8a0dc8562cba1a14db5859d
8a5c7c8ea2582087f81b7f373cb51e80b3f6d2b-
N/A-N/A-20150629173258013170