TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87110839 IDENTIC(Standard Characters, see http://uspto.report/TM/87110839/mark.png) has been amended as follows:

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

The following amendments and remarks are submitted in response to the Office Action dated May 30, 2017. 

 

The Examining Attorney continued to object to the goods in Class 18. As set forth above, Applicant has amended the identification of goods as suggested by the Examining Attorney and in accordance with the Manual of Acceptable Identification of Goods and Services.

 

Should the Examining Attorney have any questions, the Examining Attorney is encouraged to contact the undersigned at Knobbe, Martens, Olson & Bear, LLP, 2040 Main Street, Fourteenth floor, Irvine, California 92614.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for handbags for ladies, clutch bags, evening bags, handbags for men, purses, wallets, reusable shopping bags, sports bags, key bags, beach bags, make-up bags sold empty; credit card cases and holders; briefcases for documents; business cases; business card cases; shoulder bags; messenger bags, belt bags; all of the aforesaid goods made of leather or imitation of leather; umbrellas; travelling bags, carry-all bags, holdalls, weekend bags, back packs, wash bags for carrying toiletries, suit bags
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 30034458 registered 08/21/2000 with a renewal date of 04/20/2010 and an expiration date of 05/31/2020 ], 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: handbags for ladies, clutch bags, evening bags, handbags for men, purses, wallets, reusable shopping bags, sports bags, key bags, beach bags, make-up bags sold empty; Handbags for ladies, clutch bags, evening bags, handbags for men, purses, wallets, reusable shopping bags, sports bags, key bags, beach bags, make-up bags sold empty, credit card cases and holders, briefcases for documents, business cases, business card cases, shoulder bags, messenger bags, and belt bags, all of the aforesaid goods made of leather or imitation of leather; credit card cases and holders; umbrellas; briefcases for documents; travelling bags, and traveling bags, namely, carry-all bags, holdalls, weekend bags, back packs, wash bags sold empty for carrying toiletries, and suit bags; business cases; business card cases; shoulder bags; messenger bags, belt bags; all of the aforesaid goods made of leather or imitation of leather; travelling bags, carry-all bags, holdalls, weekend bags, back packs, wash bags for carrying toiletries, suit bagsClass 018 for Handbags for ladies, clutch bags, evening bags, handbags for men, purses, wallets, reusable shopping bags, sports bags, key bags, beach bags, make-up bags sold empty, credit card cases and holders, briefcases for documents, business cases, business card cases, shoulder bags, messenger bags, and belt bags, all of the aforesaid goods made of leather or imitation of leather; umbrellas; travelling bags, and traveling bags, namely, carry-all bags, holdalls, weekend bags, back packs, wash bags sold empty for carrying toiletries, and suit bags
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 30034458 registered 08/21/2000 with a renewal date of 04/20/2010 and an expiration date of 05/31/2020 ], 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)
Request for Reconsideration Signature
Signature: /Andrew H. Simpson/     Date: 06/06/2017
Signatory's Name: Andrew H. Simpson
Signatory's Position: Attorney for Record, California bar member

Signatory's Phone Number: 949-760-0404

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87110839
Internet Transmission Date: Wed Jun 07 12:53:34 EDT 2017
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XX-2017060712533459
5463-87110839-590a3f72df22ccbdf9ee42e3e6
e433e5bf0f89c204a4822288820e244efa4ce7-N
/A-N/A-20170606200647732300