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

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER87090483
LAW OFFICE ASSIGNEDLAW OFFICE 114
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/87090483/large
LITERAL ELEMENT SADDLE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Applicant hereby deletes International Class 25 to which confusion may arise. Applicant now humbly requests that the Examining Attorney withdraw the SECTION 2(d) REFUSAL.
GOODS AND/OR SERVICES SECTION (003)(no change)
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS009
DESCRIPTION
Computer hardware; computer software; computer peripherals; electronic data processing equipment; computer networking and data communications equipment; computer components and parts; electronic memory devices; electronic control apparatus; programmed-data-carrying electronic circuits; wires for communication; electrodes; telephones; aerials; batteries; micro processors; keyboards; video films
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 1335043
       FOREIGN APPLICATION COUNTRYBenelux
        FOREIGN FILING DATE 06/28/2016
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS009
TRACKED TEXT DESCRIPTION
Computer hardware; computer software; Computer software for processing digital music files, for processing digital images, for creating digital animation and special effects of images, for manipulating digital audio information for use in audio media applications, and to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving picture, for wireless content delivery, for controlling and managing access server applications, for monitoring and controlling communication between computers and automated machine systems, for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information, and software that provides real-time, integrated business management intelligence by combining information from various databases and presenting it in an easy-to-understand user, for providing access to the Internet; computer peripherals; electronic data processing equipment; electronic data processing apparatus; computer networking and data communications equipment; computer networking hardware and data communications equipment, namely, electronic communications systems comprised of computer hardware for the transmission of data between two points, computer network adapters, switches, routers, and hubs; computer components and parts; Computer components and parts, namely, electronic components for computers; electronic memory devices; computer memory devices; electronic control apparatus; electronic control apparatus, namely, electronic controllers for computer hardware and peripherals [excluding gaming apparatus]; programmed-data-carrying electronic circuits; wires for communication; wires for communication equipment; electrodes; telephones; aerials; batteries; micro processors; keyboards; computer keyboards; video films; motion picture films, namely, video recordings featuring music and artistic performances, education, entertainment, fashion, sports and culture
FINAL DESCRIPTION
Computer hardware; Computer software for processing digital music files, for processing digital images, for creating digital animation and special effects of images, for manipulating digital audio information for use in audio media applications, and to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving picture, for wireless content delivery, for controlling and managing access server applications, for monitoring and controlling communication between computers and automated machine systems, for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information, and software that provides real-time, integrated business management intelligence by combining information from various databases and presenting it in an easy-to-understand user, for providing access to the Internet; computer peripherals; electronic data processing apparatus; computer networking hardware and data communications equipment, namely, electronic communications systems comprised of computer hardware for the transmission of data between two points, computer network adapters, switches, routers, and hubs; Computer components and parts, namely, electronic components for computers; computer memory devices; electronic control apparatus, namely, electronic controllers for computer hardware and peripherals [excluding gaming apparatus]; programmed-data-carrying electronic circuits; wires for communication equipment; electrodes; telephones; aerials; batteries; micro processors; computer keyboards; motion picture films, namely, video recordings featuring music and artistic performances, education, entertainment, fashion, sports and culture
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER1335043
       FOREIGN APPLICATION COUNTRYBenelux
       FOREIGN FILING DATE06/28/2016
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (014)(no change)
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS016
DESCRIPTION
Paper; cardboard; printed publications; printed matter; computer printers (Inking ribbons for -); bookbinding materials; books; adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores; periodical magazines; photographs; stationery and educational supplies; typewriters; Instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printing blocks
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 1335043
       FOREIGN APPLICATION COUNTRYBenelux
        FOREIGN FILING DATE 06/28/2016
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS016
TRACKED TEXT DESCRIPTION
Paper; cardboard; printed publications; printed publications namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; printed matter; printed matter namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; computer printers (Inking ribbons for -); inking ribbons forcomputer printers; bookbinding materials; books; books in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores; music scores, namely printed music books; periodical magazines; periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; photographs; stationery and educational supplies; stationery and educational supplies namely blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use and book marks; typewriters; Instructional and teaching material (except apparatus); printed instructional and teaching material, namely in the field of art, music and artistic performances, education, entertainment, fashion, sports, culture, general human interest and film production; plastic materials for packaging (not included in other classes); plastic bags or film for packaging; printing blocks
FINAL DESCRIPTION
Paper; cardboard; printed publications namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; printed matter namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; inking ribbons forcomputer printers; bookbinding materials; books in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores, namely printed music books; periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; photographs; stationery and educational supplies namely blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use and book marks; typewriters; printed instructional and teaching material, namely in the field of art, music and artistic performances, education, entertainment, fashion, sports, culture, general human interest and film production; plastic bags or film for packaging; printing blocks
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER1335043
       FOREIGN APPLICATION COUNTRYBenelux
       FOREIGN FILING DATE06/28/2016
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (025)(class deleted)
GOODS AND/OR SERVICES SECTION (026)(current)
INTERNATIONAL CLASS026
DESCRIPTION
Lace; ribbons; braid; buttons; hooks and eyes; pins; needles; artificial flowers.; Embroidery
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 1335043
       FOREIGN APPLICATION COUNTRYBenelux
        FOREIGN FILING DATE 06/28/2016
GOODS AND/OR SERVICES SECTION (026)(proposed)
INTERNATIONAL CLASS026
TRACKED TEXT DESCRIPTION
Lace; Embroidery; ribbons; braid; buttons; pins; hooks and eyes; pins, namely, hair pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins; artificial flowers.; needles; artificial flowers
FINAL DESCRIPTION
Lace; Embroidery; ribbons; braid; buttons; hooks and eyes; pins, namely, hair pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins; needles; artificial flowers
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER1335043
       FOREIGN APPLICATION COUNTRYBenelux
       FOREIGN FILING DATE06/28/2016
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS035
DESCRIPTION
Provision of information and advice to consumers regarding the selection of products and items to be purchased; exhibitions for commercial or advertising purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the electronic way; provision of business and commercial information; business consultancy services; assistance and advice regarding business organization and management; advertising; advertising particularly services for the promotion of goods; arranging of contracts for the purchase and sale of goods and services, for others; market research and marketing studies; compilation of computer databases; office functions; risk management consultancy; employment agency services; personnel recruitment services; temporary personnel employment services; placement of permanent personnel
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 1335043
       FOREIGN APPLICATION COUNTRYBenelux
        FOREIGN FILING DATE 06/28/2016
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS035
TRACKED TEXT DESCRIPTION
Provision of information and advice to consumers regarding the selection of products and items to be purchased; exhibitions for commercial or advertising purposes; organizing exhibitions for commercial or advertising purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the electronic way; provision of business and commercial information; provision of business and commercial contract information; business consultancy services; assistance and advice regarding business organization and management; advertising; advertising particularly services for the promotion of goods; advertising services for the promotion of goods; arranging of contracts for the purchase and sale of goods and services, for others; arranging of commercial contracts for the purchase and sale of goods and services, for others; market research and marketing studies; market research and conducting marketing studies; compilation of computer databases; compilation of information into computer databases; office functions; providing office functions; risk management consultancy; business risk management consultancy; employment agency services; personnel recruitment services; temporary personnel employment services; placement of permanent personnel
FINAL DESCRIPTION
Provision of information and advice to consumers regarding the selection of products and items to be purchased; organizing exhibitions for commercial or advertising purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the electronic way; provision of business and commercial contract information; business consultancy services; assistance and advice regarding business organization and management; advertising; advertising services for the promotion of goods; arranging of commercial contracts for the purchase and sale of goods and services, for others; market research and conducting marketing studies; compilation of information into computer databases; providing office functions; business risk management consultancy; employment agency services; personnel recruitment services; temporary personnel employment services; placement of permanent personnel
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER1335043
       FOREIGN APPLICATION COUNTRYBenelux
       FOREIGN FILING DATE06/28/2016
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (038)(current)
INTERNATIONAL CLASS038
DESCRIPTION
Telecommunication services; communication services for the electronic transmission of voices; transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; simulcasting broadcast television over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway services
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 1335043
       FOREIGN APPLICATION COUNTRYBenelux
        FOREIGN FILING DATE 06/28/2016
GOODS AND/OR SERVICES SECTION (038)(proposed)
INTERNATIONAL CLASS038
TRACKED TEXT DESCRIPTION
Telecommunication services; Telecommunication services namely telecommunication access services, digital network telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user access to a global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communication services for the electronic transmission of voices; communication services, namely the electronic transmission of voices; transmission of data; electronic transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; electronic transmission of data, audio, video and multimedia files; simulcasting broadcast television over global communication networks, the Internet and wireless networks; simulcasting television broadcasting over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway services
FINAL DESCRIPTION
Telecommunication services namely telecommunication access services, digital network telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user access to a global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communication services, namely the electronic transmission of voices; electronic transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; electronic transmission of data, audio, video and multimedia files; simulcasting television broadcasting over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway services
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER1335043
       FOREIGN APPLICATION COUNTRYBenelux
       FOREIGN FILING DATE06/28/2016
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS041
DESCRIPTION
Production of radio and television shows and programmes; film production services; education, teaching and training; entertainment services; presentation of movies; film distribution; provision of non-downloadable films and television programs via a video-on-demand service; arranging and conducting of workshops and seminars; arranging and conducting of congresses; organization of exhibitions for cultural and educational purposes; publication of electronic books and journals online
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 1335043
       FOREIGN APPLICATION COUNTRYBenelux
        FOREIGN FILING DATE 06/28/2016
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS041
TRACKED TEXT DESCRIPTION
Production of radio and television shows and programmes; Production of radio and television programmes; film production services; education, teaching and training; education, teaching and training, namely, providing classes, seminars, workshops in the fields of music and artistic performances, entertainment, fashion, sports, culture, business and film production; entertainment services; entertainment services namely, multimedia production services, organizing, arranging, and hosting social entertainment events, presenting live musical performances; presentation of movies; presentation of movies, namely movie theaters; film distribution; provision of non-downloadable films and television programs via a video-on-demand service; arranging and conducting of workshops and seminars; educational services, namely arranging and conducting of workshops and seminars in the field of music and artistic performances, entertainment, fashion, sports, culture, business and film production; arranging and conducting of congresses; arranging and conducting of educational congresses; organization of exhibitions for cultural and educational purposes; publication of electronic books and journals online; publication of on-line books and journals
FINAL DESCRIPTION
Production of radio and television programmes; film production services; education, teaching and training, namely, providing classes, seminars, workshops in the fields of music and artistic performances, entertainment, fashion, sports, culture, business and film production; entertainment services namely, multimedia production services, organizing, arranging, and hosting social entertainment events, presenting live musical performances; presentation of movies, namely movie theaters; film distribution; provision of non-downloadable films and television programs via a video-on-demand service; educational services, namely arranging and conducting of workshops and seminars in the field of music and artistic performances, entertainment, fashion, sports, culture, business and film production; arranging and conducting of educational congresses; organization of exhibitions for cultural and educational purposes; publication of on-line books and journals
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER1335043
       FOREIGN APPLICATION COUNTRYBenelux
       FOREIGN FILING DATE06/28/2016
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant is still awaiting foreign registration certificate.
SIGNATURE SECTION
RESPONSE SIGNATURE / Jonathan G Morton /
SIGNATORY'S NAME Jonathan Grant Morton
SIGNATORY'S POSITION Attorney of record, New York bar member
SIGNATORY'S PHONE NUMBER 246-468-5491
DATE SIGNED 04/13/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Apr 13 23:15:33 EDT 2017
TEAS STAMP USPTO/ROA-XXX.XXX.X.XX-20
170413231533442447-870904
83-58097f5aba191971a7f421
d7f42be7a713a6f4b17bfb2d7
2bab8daab081513e-N/A-N/A-
20170413230116896129


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. 87090483 SADDLE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87090483/large) has been amended as follows:

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

Applicant hereby deletes International Class 25 to which confusion may arise. Applicant now humbly requests that the Examining Attorney withdraw the SECTION 2(d) REFUSAL.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing; footwear; headgear; swimwear; sportswear; leisurewear

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer hardware; computer software; computer peripherals; electronic data processing equipment; computer networking and data communications equipment; computer components and parts; electronic memory devices; electronic control apparatus; programmed-data-carrying electronic circuits; wires for communication; electrodes; telephones; aerials; batteries; micro processors; keyboards; video films
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 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[ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer hardware; computer software; Computer software for processing digital music files, for processing digital images, for creating digital animation and special effects of images, for manipulating digital audio information for use in audio media applications, and to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving picture, for wireless content delivery, for controlling and managing access server applications, for monitoring and controlling communication between computers and automated machine systems, for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information, and software that provides real-time, integrated business management intelligence by combining information from various databases and presenting it in an easy-to-understand user, for providing access to the Internet; computer peripherals; electronic data processing equipment; electronic data processing apparatus; computer networking and data communications equipment; computer networking hardware and data communications equipment, namely, electronic communications systems comprised of computer hardware for the transmission of data between two points, computer network adapters, switches, routers, and hubs; computer components and parts; Computer components and parts, namely, electronic components for computers; electronic memory devices; computer memory devices; electronic control apparatus; electronic control apparatus, namely, electronic controllers for computer hardware and peripherals [excluding gaming apparatus]; programmed-data-carrying electronic circuits; wires for communication; wires for communication equipment; electrodes; telephones; aerials; batteries; micro processors; keyboards; computer keyboards; video films; motion picture films, namely, video recordings featuring music and artistic performances, education, entertainment, fashion, sports and culture

Class 009 for Computer hardware; Computer software for processing digital music files, for processing digital images, for creating digital animation and special effects of images, for manipulating digital audio information for use in audio media applications, and to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving picture, for wireless content delivery, for controlling and managing access server applications, for monitoring and controlling communication between computers and automated machine systems, for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information, and software that provides real-time, integrated business management intelligence by combining information from various databases and presenting it in an easy-to-understand user, for providing access to the Internet; computer peripherals; electronic data processing apparatus; computer networking hardware and data communications equipment, namely, electronic communications systems comprised of computer hardware for the transmission of data between two points, computer network adapters, switches, routers, and hubs; Computer components and parts, namely, electronic components for computers; computer memory devices; electronic control apparatus, namely, electronic controllers for computer hardware and peripherals [excluding gaming apparatus]; programmed-data-carrying electronic circuits; wires for communication equipment; electrodes; telephones; aerials; batteries; micro processors; computer keyboards; motion picture films, namely, video recordings featuring music and artistic performances, education, entertainment, fashion, sports and culture
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 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 [ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Paper; cardboard; printed publications; printed matter; computer printers (Inking ribbons for -); bookbinding materials; books; adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores; periodical magazines; photographs; stationery and educational supplies; typewriters; Instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printing blocks
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 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[ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Paper; cardboard; printed publications; printed publications namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; printed matter; printed matter namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; computer printers (Inking ribbons for -); inking ribbons forcomputer printers; bookbinding materials; books; books in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores; music scores, namely printed music books; periodical magazines; periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; photographs; stationery and educational supplies; stationery and educational supplies namely blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use and book marks; typewriters; Instructional and teaching material (except apparatus); printed instructional and teaching material, namely in the field of art, music and artistic performances, education, entertainment, fashion, sports, culture, general human interest and film production; plastic materials for packaging (not included in other classes); plastic bags or film for packaging; printing blocks

Class 016 for Paper; cardboard; printed publications namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; printed matter namely, books, manuals, and instructional materials in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; inking ribbons forcomputer printers; bookbinding materials; books in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores, namely printed music books; periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest and film production; photographs; stationery and educational supplies namely blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use and book marks; typewriters; printed instructional and teaching material, namely in the field of art, music and artistic performances, education, entertainment, fashion, sports, culture, general human interest and film production; plastic bags or film for packaging; printing blocks
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 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 [ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 026 for Lace; ribbons; braid; buttons; hooks and eyes; pins; needles; artificial flowers.; Embroidery
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 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[ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Lace; Embroidery; ribbons; braid; buttons; pins; hooks and eyes; pins, namely, hair pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins; artificial flowers.; needles; artificial flowers

Class 026 for Lace; Embroidery; ribbons; braid; buttons; hooks and eyes; pins, namely, hair pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins; needles; artificial flowers
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 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 [ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Provision of information and advice to consumers regarding the selection of products and items to be purchased; exhibitions for commercial or advertising purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the electronic way; provision of business and commercial information; business consultancy services; assistance and advice regarding business organization and management; advertising; advertising particularly services for the promotion of goods; arranging of contracts for the purchase and sale of goods and services, for others; market research and marketing studies; compilation of computer databases; office functions; risk management consultancy; employment agency services; personnel recruitment services; temporary personnel employment services; placement of permanent personnel
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 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[ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Provision of information and advice to consumers regarding the selection of products and items to be purchased; exhibitions for commercial or advertising purposes; organizing exhibitions for commercial or advertising purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the electronic way; provision of business and commercial information; provision of business and commercial contract information; business consultancy services; assistance and advice regarding business organization and management; advertising; advertising particularly services for the promotion of goods; advertising services for the promotion of goods; arranging of contracts for the purchase and sale of goods and services, for others; arranging of commercial contracts for the purchase and sale of goods and services, for others; market research and marketing studies; market research and conducting marketing studies; compilation of computer databases; compilation of information into computer databases; office functions; providing office functions; risk management consultancy; business risk management consultancy; employment agency services; personnel recruitment services; temporary personnel employment services; placement of permanent personnel

Class 035 for Provision of information and advice to consumers regarding the selection of products and items to be purchased; organizing exhibitions for commercial or advertising purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the electronic way; provision of business and commercial contract information; business consultancy services; assistance and advice regarding business organization and management; advertising; advertising services for the promotion of goods; arranging of commercial contracts for the purchase and sale of goods and services, for others; market research and conducting marketing studies; compilation of information into computer databases; providing office functions; business risk management consultancy; employment agency services; personnel recruitment services; temporary personnel employment services; placement of permanent personnel
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 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 [ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunication services; communication services for the electronic transmission of voices; transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; simulcasting broadcast television over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway 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 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[ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Telecommunication services; Telecommunication services namely telecommunication access services, digital network telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user access to a global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communication services for the electronic transmission of voices; communication services, namely the electronic transmission of voices; transmission of data; electronic transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; electronic transmission of data, audio, video and multimedia files; simulcasting broadcast television over global communication networks, the Internet and wireless networks; simulcasting television broadcasting over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway services

Class 038 for Telecommunication services namely telecommunication access services, digital network telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user access to a global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communication services, namely the electronic transmission of voices; electronic transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; electronic transmission of data, audio, video and multimedia files; simulcasting television broadcasting over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway 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 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 [ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Production of radio and television shows and programmes; film production services; education, teaching and training; entertainment services; presentation of movies; film distribution; provision of non-downloadable films and television programs via a video-on-demand service; arranging and conducting of workshops and seminars; arranging and conducting of congresses; organization of exhibitions for cultural and educational purposes; publication of electronic books and journals online
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 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[ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Production of radio and television shows and programmes; Production of radio and television programmes; film production services; education, teaching and training; education, teaching and training, namely, providing classes, seminars, workshops in the fields of music and artistic performances, entertainment, fashion, sports, culture, business and film production; entertainment services; entertainment services namely, multimedia production services, organizing, arranging, and hosting social entertainment events, presenting live musical performances; presentation of movies; presentation of movies, namely movie theaters; film distribution; provision of non-downloadable films and television programs via a video-on-demand service; arranging and conducting of workshops and seminars; educational services, namely arranging and conducting of workshops and seminars in the field of music and artistic performances, entertainment, fashion, sports, culture, business and film production; arranging and conducting of congresses; arranging and conducting of educational congresses; organization of exhibitions for cultural and educational purposes; publication of electronic books and journals online; publication of on-line books and journals

Class 041 for Production of radio and television programmes; film production services; education, teaching and training, namely, providing classes, seminars, workshops in the fields of music and artistic performances, entertainment, fashion, sports, culture, business and film production; entertainment services namely, multimedia production services, organizing, arranging, and hosting social entertainment events, presenting live musical performances; presentation of movies, namely movie theaters; film distribution; provision of non-downloadable films and television programs via a video-on-demand service; educational services, namely arranging and conducting of workshops and seminars in the field of music and artistic performances, entertainment, fashion, sports, culture, business and film production; arranging and conducting of educational congresses; organization of exhibitions for cultural and educational purposes; publication of on-line books and journals
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 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 [ Benelux application number 1335043 filed 06/28/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant is still awaiting foreign registration certificate.


SIGNATURE(S)
Response Signature
Signature: / Jonathan G Morton /     Date: 04/13/2017
Signatory's Name: Jonathan Grant Morton
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 246-468-5491

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: 87090483
Internet Transmission Date: Thu Apr 13 23:15:33 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20170413231533442
447-87090483-58097f5aba191971a7f421d7f42
be7a713a6f4b17bfb2d72bab8daab081513e-N/A
-N/A-20170413230116896129