Response to Office Action

GOLF LE FLEUR

Flower Boy Trademarks, LLC

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87346269
LAW OFFICE ASSIGNED LAW OFFICE 117
MARK SECTION
MARK FILE NAME http://uspto.report/TM/87346269/mark.png
LITERAL ELEMENT GOLF LE FLEUR
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) white represents transparent areas and is not part of the mark. The colors red, yellow, light blue, green, purple, black and orange is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a stylized orange flower design which is encircled by the phrase ''GOLF LE FLEUR'' with a black asterisk between the letters G and R in the circle showing the phrase. The elements ''GOLF'' and ''FLEUR'' are written out in all capitals and the element ''LE'' is written out in lower case letters. The G in ''GOLF'' and the F in ''FLEUR'' are red, the ''O'' in ''GOLF'' and the L in ''FLEUR'' are yellow, the E in ''FLEUR'' and L in ''GOLF'' are light blue, the F in ''GOLF'' and the U in ''FLEUR'' are green, the L in ''LE'' and the R in ''FLEUR'' are purple and the E in ''LE'' is black.
GOODS AND/OR SERVICES SECTION (018)(current)
INTERNATIONAL CLASS 018
DESCRIPTION
Bags, sports bags, backpacks, umbrellas, wallets, small accessories
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (018)(proposed)
INTERNATIONAL CLASS 018
TRACKED TEXT DESCRIPTION
Bags, sports bags, backpacks, umbrellas, wallets, small accessories; Bags, namely, tote bags, duffle bags, book bags, and leather and imitation leather bags; sports bags; backpacks; umbrellas; wallets; small accessories, namely, small clutch purses and key cases
FINAL DESCRIPTION
Bags, namely, tote bags, duffle bags, book bags, and leather and imitation leather bags; sports bags; backpacks; umbrellas; wallets; small accessories, namely, small clutch purses and key cases
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Clothing, clothing accessories, footwear, golf wear, athletic wear, leisure wear, head wear, caps, hats, underwear
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
TRACKED TEXT DESCRIPTION
Clothing, clothing accessories, footwear, golf wear, athletic wear, leisure wear, head wear, caps, hats, underwear; Clothing, namely, shirts, shorts, pants, belts, skirts, and dresses; footwear; golf wear, namely, golf shirts and golf shorts; athletic wear, namely, athletic shorts, athletic jackets, and athletic socks; leisure wear, namely, loungewear; headwear; caps; hats; underwear
FINAL DESCRIPTION
Clothing, namely, shirts, shorts, pants, belts, skirts, and dresses; footwear; golf wear, namely, golf shirts and golf shorts; athletic wear, namely, athletic shorts, athletic jackets, and athletic socks; leisure wear, namely, loungewear; headwear; caps; hats; underwear
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Online and retail store services featuring various goods including bags, sports bags, backpacks, umbrellas, wallets, small accessories, clothing, clothing accessories, footwear, golf wear, athletic wear, leisure wear, headwear, caps, hats, underwear, golf equipment, golf accessories, printed materials, notebooks, stickers and photograph books
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Online and retail store services featuring various goods including bags, sports bags, backpacks, umbrellas, wallets, small accessories, clothing, clothing accessories, footwear, golf wear, athletic wear, leisure wear, headwear, caps, hats, underwear, golf equipment, golf accessories, printed materials, notebooks, stickers and photograph books; Online and retail store services featuring various goods, namely, tote bags, duffle bags, book bags, leather and imitation leather bags, sports bags, backpacks, umbrellas, wallets, small accessory clutch purses, key cases, clothing, shirts, shorts, pants, belts, skirts, dresses, footwear, golf wear, golf shirts, golf shorts, athletic wear, athletic shorts, athletic jackets, athletic socks, leisure wear, loungewear, headwear, caps, hats, underwear, claw clips for hair, brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, clothing buttons, golf equipment, golf accessories, printed decorative materials, notebooks, stickers and photograph books
FINAL DESCRIPTION
Online and retail store services featuring various goods, namely, tote bags, duffle bags, book bags, leather and imitation leather bags, sports bags, backpacks, umbrellas, wallets, small accessory clutch purses, key cases, clothing, shirts, shorts, pants, belts, skirts, dresses, footwear, golf wear, golf shirts, golf shorts, athletic wear, athletic shorts, athletic jackets, athletic socks, leisure wear, loungewear, headwear, caps, hats, underwear, claw clips for hair, brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, clothing buttons, golf equipment, golf accessories, printed decorative materials, notebooks, stickers and photograph books
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (026)(class added)
INTERNATIONAL CLASS 026
DESCRIPTION
Small accessories, namely, claw clips for hair; clothing accessories, namely, brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, and clothing buttons
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use GOLF apart from the mark as shown.
TRANSLATION The English translation of LE FLEUR in the mark is FLOWER.
PAYMENT SECTION
NUMBER OF CLASSES 1
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 275
SIGNATURE SECTION
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 SIGNATURE /lea/
SIGNATORY'S NAME Lawrence E. Apolzon
SIGNATORY'S POSITION Attorney of Record, New York State Bar Member
DATE SIGNED 11/14/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Nov 14 17:18:28 EST 2017
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20171114171828529061-8734
6269-510624c79b893e9ac551
eaa264ec826b916df40cf6b2f
5e4e889c81cae368b71-DA-44
65-20171114164923313669



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 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 87346269 GOLF LE FLEUR (Stylized and/or with Design, see http://uspto.report/TM/87346269/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 018 for Bags, sports bags, backpacks, umbrellas, wallets, small accessories
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, sports bags, backpacks, umbrellas, wallets, small accessories; Bags, namely, tote bags, duffle bags, book bags, and leather and imitation leather bags; sports bags; backpacks; umbrellas; wallets; small accessories, namely, small clutch purses and key casesClass 018 for Bags, namely, tote bags, duffle bags, book bags, and leather and imitation leather bags; sports bags; backpacks; umbrellas; wallets; small accessories, namely, small clutch purses and key cases
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, clothing accessories, footwear, golf wear, athletic wear, leisure wear, head wear, caps, hats, underwear
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, clothing accessories, footwear, golf wear, athletic wear, leisure wear, head wear, caps, hats, underwear; Clothing, namely, shirts, shorts, pants, belts, skirts, and dresses; footwear; golf wear, namely, golf shirts and golf shorts; athletic wear, namely, athletic shorts, athletic jackets, and athletic socks; leisure wear, namely, loungewear; headwear; caps; hats; underwearClass 025 for Clothing, namely, shirts, shorts, pants, belts, skirts, and dresses; footwear; golf wear, namely, golf shirts and golf shorts; athletic wear, namely, athletic shorts, athletic jackets, and athletic socks; leisure wear, namely, loungewear; headwear; caps; hats; underwear
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 035 for Online and retail store services featuring various goods including bags, sports bags, backpacks, umbrellas, wallets, small accessories, clothing, clothing accessories, footwear, golf wear, athletic wear, leisure wear, headwear, caps, hats, underwear, golf equipment, golf accessories, printed materials, notebooks, stickers and photograph books
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: Online and retail store services featuring various goods including bags, sports bags, backpacks, umbrellas, wallets, small accessories, clothing, clothing accessories, footwear, golf wear, athletic wear, leisure wear, headwear, caps, hats, underwear, golf equipment, golf accessories, printed materials, notebooks, stickers and photograph books; Online and retail store services featuring various goods, namely, tote bags, duffle bags, book bags, leather and imitation leather bags, sports bags, backpacks, umbrellas, wallets, small accessory clutch purses, key cases, clothing, shirts, shorts, pants, belts, skirts, dresses, footwear, golf wear, golf shirts, golf shorts, athletic wear, athletic shorts, athletic jackets, athletic socks, leisure wear, loungewear, headwear, caps, hats, underwear, claw clips for hair, brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, clothing buttons, golf equipment, golf accessories, printed decorative materials, notebooks, stickers and photograph booksClass 035 for Online and retail store services featuring various goods, namely, tote bags, duffle bags, book bags, leather and imitation leather bags, sports bags, backpacks, umbrellas, wallets, small accessory clutch purses, key cases, clothing, shirts, shorts, pants, belts, skirts, dresses, footwear, golf wear, golf shirts, golf shorts, athletic wear, athletic shorts, athletic jackets, athletic socks, leisure wear, loungewear, headwear, caps, hats, underwear, claw clips for hair, brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, clothing buttons, golf equipment, golf accessories, printed decorative materials, notebooks, stickers and photograph books
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 hereby adds the following class of goods/services to the application:
New: Class 026 for Small accessories, namely, claw clips for hair; clothing accessories, namely, brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, and clothing buttons
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use GOLF apart from the mark as shown.


Translation
The English translation of LE FLEUR in the mark is FLOWER.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
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 Signature
Signature: /lea/     Date: 11/14/2017
Signatory's Name: Lawrence E. Apolzon
Signatory's Position: Attorney of Record, New York State Bar Member

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.

        
RAM Sale Number: 87346269
RAM Accounting Date: 11/15/2017
        
Serial Number: 87346269
Internet Transmission Date: Tue Nov 14 17:18:28 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201711141718285
29061-87346269-510624c79b893e9ac551eaa26
4ec826b916df40cf6b2f5e4e889c81cae368b71-
DA-4465-20171114164923313669


Response to Office Action [image/jpeg]


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