Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

---

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. 87117883 GK (Stylized and/or with Design, see http://uspto.report/TM/87117883/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Sunglasses; frames for sunglasses; cases for eyeglasses and sunglasses; glasses; eye glasses; spectacles glasses; sports glasses
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Sunglasses; frames for sunglasses; cases for eyeglasses and sunglasses; glasses; optical glasses; eye glasses; spectacles glasses; sports glassesClass 009 for Sunglasses; frames for sunglasses; cases for eyeglasses and sunglasses; optical glasses; eye glasses; spectacles glasses; sports glasses
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Bags; gym bags; athletic bags; sport bags; cosmetic bags; wallets; travel bags; work bags; hand bags; toiletry bags; beach bags; kit bags
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Bags; All purpose carrying bags; gym bags; athletic bags; sport bags; cosmetic bags; cosmetic bags sold empty; wallets; travel bags; work bags; work bags in the nature of briefcases; hand bags; toiletry bags; toiletry bags sold empty; beach bags; kit bagsClass 018 for All purpose carrying bags; gym bags; athletic bags; sport bags; cosmetic bags sold empty; wallets; travel bags; work bags in the nature of briefcases; hand bags; toiletry bags sold empty; beach bags; kit bags
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, footwear and headgear; T-shirts; jumpers; hoodies; vests; jogging bottoms; hats; baseball caps; shorts; socks; underwear; coats; leggings; basketball vests; long sleeve T-shirts; sleeveless hoodie; Athletic clothing; Casual clothing; Body warmers; Cowls; Denims; belts; waist belts
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Clothing, footwear and headgear; Clothing, namely, footwear, headgear; T-shirts; footwear; headgear, namely hats, caps, bandanas, headbands; jumpers; hoodies; vests; jogging bottoms; hats; baseball caps; shorts; socks; underwear; coats; leggings; sleeveless hoodie; basketball vests; Athletic clothing; long sleeve t-shirts; Casual clothing; sleeveless hoodies; Body warmers; athletic clothing, namely, athletic shirts, athletic pants, jogging bottoms, athletic vests; casual clothing, namely, shirts, pants, vests, trousers; body warmers, namely, gilets; cowls; denims; belts; waist beltsClass 025 for Clothing, namely, footwear, headgear; T-shirts; footwear; headgear, namely hats, caps, bandanas, headbands; jumpers; hoodies; vests; jogging bottoms; hats; baseball caps; shorts; socks; underwear; coats; leggings; basketball vests; long sleeve t-shirts; sleeveless hoodies; athletic clothing, namely, athletic shirts, athletic pants, jogging bottoms, athletic vests; casual clothing, namely, shirts, pants, vests, trousers; body warmers, namely, gilets; cowls; denims; belts; waist belts
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /milena s. mishev/     Date: 12/30/2016
Signatory's Name: Milena S. Mishev
Signatory's Position: Attorney of record, NYS Bar member

Signatory's Phone Number: 732.578.0103 x227

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: 87117883
Internet Transmission Date: Fri Dec 30 11:28:10 EST 2016
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2016123011281042
5900-87117883-570906abfefd97ec9f9346306f
ee8bf5d1964149d35dc2bd1976523e8d674c2914
-N/A-N/A-20161230112217637963