TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 87114506 ULYSSES(Standard Characters, see http://uspto.report/TM/87114506/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.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Japan registration number 5888495 registered 10/14/2016, with a renewal date of __________ and an expiration date of 10/14/2026, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_216177988-141338563_._NIS-41318-01-HomeReg.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 proposes to amend the following class of goods/services in the application:
Current: Class 009 for Cases, bags, pouches, grips, and straps specially adapted for cameras and digital cameras; accessories for cameras and digital cameras, other than batteries, namely, hot shoe covers, flashlamps, shutter releases, lens hoods, lens filters, mounting devices, lens caps, liquid screen protectors, mount adapters, teleconverters, and lenses; cases and pouches specially adapted for camera lenses and spectacle lenses; tripods for cameras and digital cameras; monopods for cameras and digital cameras; cameras and digital cameras; cases, straps, pouches, and holders specially adapted for mobile phones and smartphones; mobile phones and smartphones; cases, straps, and bags specially adapted for tablet computers; tablet computers; cases and bags specially adapted for electronic computer terminals; electronic computer terminals
Original Filing Basis:
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 06/06/2009 and first used in commerce at least as early as 12/08/2011, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: 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 asserts a claim of priority based on [Japan application number 2016-7980 filed 01/26/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for Cases, bags, pouches, grips, and straps specially adapted for cameras and digital cameras; accessories for cameras and digital cameras, other than batteries, namely, hot shoe covers, flashlamps, shutter releases, lens hoods, lens filters, mounting devices, lens caps, liquid screen protectors, mount adapters, teleconverters, and lenses; cases and pouches specially adapted for camera lenses and spectacle lenses; tripods for cameras and digital cameras; monopods for cameras and digital cameras; cameras and digital cameras; cases, straps, pouches, and holders specially adapted for mobile phones and smartphones; mobile phones and smartphones; cases, straps, and bags specially adapted for tablet computers; tablet computers; cases and bags specially adapted for electronic computer terminals; electronic computer terminals
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 06/06/2009 and first used in commerce at least as early as 12/08/2011, and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Japan application number 2016-7980 filed 01/26/2016]. 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.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Folding briefcases; shoulder bags; Gladstone bags; wicker trunks (kori); briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; schoolchildren's backpacks; rucksacks; tote bags; charm bags (Omamori-ire); credit card cases; shopping bags, namely, wheeled shopping bags; purses; key cases; leather money pouches; wallets; business card cases
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: 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 asserts a claim of priority based on [Japan application number 2016-7980 filed 01/26/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 018 for Folding briefcases; shoulder bags; Gladstone bags; wicker trunks (kori); briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; schoolchildren's backpacks; rucksacks; tote bags; charm bags (Omamori-ire); credit card cases; shopping bags, namely, wheeled shopping bags; purses; key cases; leather money pouches; wallets; business card cases
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Japan application number 2016-7980 filed 01/26/2016]. 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.

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 [ Japan registration number 5888495 registered 10/14/2016 with a renewal date of __________ and an expiration date of 10/14/2026 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-216177988-141338563_._NIS-41318-01-HomeReg.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 §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.


Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Suspension Inquiry Signature
Signature: /Samir S. Khoury/     Date: 07/07/2017
Signatory's Name: Samir S. Khoury
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone Number: 2165669700

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.

        
Serial Number: 87114506
Internet Transmission Date: Fri Jul 07 14:24:29 EDT 2017
TEAS Stamp: USPTO/RSI-XXX.XX.XX.XX-20170707142429115
497-87114506-590ffdce6438a57782c31372693
8435165a78998a30bf27d2c9468ebab24a8d369-
N/A-N/A-20170707141338563633