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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87154771 MIMOSA(Standard Characters, see http://uspto.report/TM/87154771/mark.png) has been amended as follows:

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

MIMOSA

EVIDENCE
Evidence in the nature of Completely two different names. My mark name 'MIMOSA' not MIMOZZAS, and they don't pronounce the same. has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for A-shirts; Knit bottoms; Knit dresses; Knit face masks; Knit jackets; Knit shirts; Knit skirts; Knit tops; Knitted caps; Knitted gloves; Knitted underwear; Pajama bottoms; Pajamas; Pajamas treated with fire and heat retardants; Pants; Pants for ALL; Pyjamas; Pyjamas; Shirt inserts, namely, dickies; Socks; Sweaters; Sweaters for MEN, WOMEN, CHILDREN, BABIES, TODDLER, INFANTS, ADULTS; Sweaters made in whole or in substantial part of COTTON, WOOL, POLYESTER, CASHMERE; T-shirts; T-shirts for ALL; Tank-tops; Tank tops; Thermal socks; Thermal underwear; Under garments; Woven bottoms; Woven dresses; Woven or knitted underwear; Woven shirts; Woven skirts; Woven tops; Yoga pants; Yoga shirts; Abayas; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic pants; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for ALL; Babies' pants; Baby doll pyjamas; Balloon pants; Biketards; Body linen; Button-front aloha shirts; Caftans; Camouflage pants; Capri pants; Cargo pants; Chemisettes; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Crop pants; Dance pants; Denims; Dress pants; Finished textile linings for garments; Flood pants; Foundation garments; Foundation garments worn around the midsection or thighs to keep the stomach in and create a slimming effect; Frocks; Girdles; Golf pants, shirts and skirts; Graphic T-shirts; Gym pants; Horse-riding pants; Hunting pants; Jeggings, namely, pants that are partially jeans and partially leggings; Jogging pants; Kaftans; Korean outer jackets worn over basic garment; Leather pants; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Lounge pants; Maternity clothing, namely, SHIRTS, PANTS, SHORTS, GOWN, TOPS, BOTTOMS, INNERWEAR, OUTER WEAR; Moisture-wicking sports pants; Non-disposable cloth training pants; Nurse pants; One piece garment for infants and toddlers; One-piece garments for children; Petti-pants; Pinafores; Pique shirts; Polo knit tops; Pram suits; Sarees; Saris; Shapewear; Shapewear, namely, SHAPEWEAR; Short-sleeved or long-sleeved t-shirts; Ski pants; Sleep pants; Sleeping garments; Snow pants; Snowboard pants; Sports pants; Stretch pants; Sun protective clothing, namely, SHIRTS, PANTS, SHORTS, GOWN, TOPS, BOTTOMS, INNERWEAR, OUTER WEAR; Sweat pants; Sweatshirts for ALL; Tankinis; Tap pants; Toboggan hats, pants and caps; Track pants; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Tuques; Under garments; Waistband extender consisting of a button and button hole mounted on a strip of fabric that is inserted into the existing waistband of a garment; Waterproof jackets and pants; Wearable garments and clothing, namely, shirts; Wind pants; Windcheaters; Woven or knitted underwear; Yoga pants
Original Filing Basis:
Proposed: Class 025 for A-shirts; Knit bottoms; Knit dresses; Knit face masks; Knit jackets; Knit shirts; Knit skirts; Knit tops; Knitted caps; Knitted gloves; Knitted underwear; Pajama bottoms; Pajamas; Pajamas treated with fire and heat retardants; Pants; Pants for ALL; Pyjamas; Pyjamas; Shirt inserts, namely, dickies; Socks; Sweaters; Sweaters for MEN, WOMEN, CHILDREN, BABIES, TODDLER, INFANTS, ADULTS; Sweaters made in whole or in substantial part of COTTON, WOOL, POLYESTER, CASHMERE; T-shirts; T-shirts for ALL; Tank-tops; Tank tops; Thermal socks; Thermal underwear; Under garments; Woven bottoms; Woven dresses; Woven or knitted underwear; Woven shirts; Woven skirts; Woven tops; Yoga pants; Yoga shirts; Abayas; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic pants; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for ALL; Babies' pants; Baby doll pyjamas; Balloon pants; Biketards; Body linen; Button-front aloha shirts; Caftans; Camouflage pants; Capri pants; Cargo pants; Chemisettes; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Crop pants; Dance pants; Denims; Dress pants; Finished textile linings for garments; Flood pants; Foundation garments; Foundation garments worn around the midsection or thighs to keep the stomach in and create a slimming effect; Frocks; Girdles; Golf pants, shirts and skirts; Graphic T-shirts; Gym pants; Horse-riding pants; Hunting pants; Jeggings, namely, pants that are partially jeans and partially leggings; Jogging pants; Kaftans; Korean outer jackets worn over basic garment; Leather pants; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Lounge pants; Maternity clothing, namely, SHIRTS, PANTS, SHORTS, GOWN, TOPS, BOTTOMS, INNERWEAR, OUTER WEAR; Moisture-wicking sports pants; Non-disposable cloth training pants; Nurse pants; One piece garment for infants and toddlers; One-piece garments for children; Petti-pants; Pinafores; Pique shirts; Polo knit tops; Pram suits; Sarees; Saris; Shapewear; Shapewear, namely, SHAPEWEAR; Short-sleeved or long-sleeved t-shirts; Ski pants; Sleep pants; Sleeping garments; Snow pants; Snowboard pants; Sports pants; Stretch pants; Sun protective clothing, namely, SHIRTS, PANTS, SHORTS, GOWN, TOPS, BOTTOMS, INNERWEAR, OUTER WEAR; Sweat pants; Sweatshirts for ALL; Tankinis; Tap pants; Toboggan hats, pants and caps; Track pants; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Tuques; Under garments; Waistband extender consisting of a button and button hole mounted on a strip of fabric that is inserted into the existing waistband of a garment; Waterproof jackets and pants; Wearable garments and clothing, namely, shirts; Wind pants; Windcheaters; Woven or knitted underwear; Yoga pants
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.

Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 05/01/2015 and first used in commerce at least as early as 08/30/2016 , and is now in use in such commerce.
SIGNATURE(S)
Declaration Signature

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

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Ershadul Chowdhury/      Date: 05/24/2017
Signatory's Name: Ershadul Chowdhury
Signatory's Position: Owner
Signatory's Phone Number: 213-839-7504


Response Signature
Signature: /Ershadul Chowdhury/     Date: 05/24/2017
Signatory's Name: Ershadul Chowdhury
Signatory's Position: Owner

Signatory's Phone Number: 213-839-7509

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87154771
Internet Transmission Date: Wed May 24 14:11:41 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20170524141141
383300-87154771-59042ce16121de477378bd56
e457b9db64f3afedeb794d75d9f66d5f0ce73e9b
3-N/A-N/A-20170524131100878324