| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87447739 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/87447739/mark.png |
| LITERAL ELEMENT | HB |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
In response to the Office Action dated October 16, 2017, Applicant responds as follows: Specimen Refusal In response to the Examining Attorney’s allegation that Applicant digitally altered its specimen, Applicant respectfully wishes to inform the Examining Attorney that the original specimen submitted with its application was in fact an actual photo of the scarf as sold in commerce; the image submitted was not digitally altered as suggested by the Examiner. However, Applicant has since sold through the scarves and as such, cannot submit a new image as a substitute specimen. Instead, Applicant herewith is submitting a new specimen of a different product, showing the mark as used in connection with the listed goods as sold in commerce. Identification of Goods In response to the Examiner’s requirement to clarify “baby bibs”, Applicant is amending its identification of goods to the following: Clothing, namely, shirts, t-shirts, long sleeve shirts, short sleeve shirts, jerseys, sweatshirts, hooded sweatshirts, jackets, shorts, pajamas, sweatpants, pants, hats, caps, socks, scarves, gloves, mittens, baby bibs not of paper, bandanas, pet bandanas Conclusion In light of the foregoing, Applicant submits that its application now is in condition for publication. Thank you for your consideration. |
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| Clothing, namely, shirts, t-shirts, long sleeve shirts, short sleeve shirts, jerseys, sweatshirts, hooded sweatshirts, jackets, hats, caps, socks, scarves, gloves, mittens, baby bibs, bandanas | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 10/13/2012 |
| FIRST USE IN COMMERCE DATE | At least as early as 10/13/2012 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 025 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Clothing, namely, shirts, t-shirts, long sleeve shirts, short sleeve shirts, jerseys, sweatshirts, hooded sweatshirts, jackets, hats, caps, socks, scarves, gloves, mittens, baby bibs not of paper, bandanas | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 10/13/2012 |
| FIRST USE IN COMMERCE DATE | At least as early as 10/13/2012 |
| STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\874\477\87447739\xml7\ ROA0002.JPG |
| SPECIMEN DESCRIPTION | point-of-sale website showing the mark used in connection with the listed goods |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Adrian D Mebane/ |
| SIGNATORY'S NAME | Adrian D. Mebane |
| SIGNATORY'S POSITION | Assistant Secretary |
| SIGNATORY'S PHONE NUMBER | 717-534-7673 |
| DATE SIGNED | 04/13/2018 |
| RESPONSE SIGNATURE | /dhf/ |
| SIGNATORY'S NAME | Dinisa Hardley Folmar |
| SIGNATORY'S POSITION | Attorney of Record, GA bar member |
| SIGNATORY'S PHONE NUMBER | 717-534-4502 |
| DATE SIGNED | 04/13/2018 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Apr 13 14:57:17 EDT 2018 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0180413145717791438-87447 739-510a6c3b6511f4564c84f b893e87d9d1e0919b090e7a38 94872fd73ced791a520-N/A-N /A-20180413124809207820 |
| 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) |
In response to the Office Action dated October 16, 2017, Applicant responds as follows:
Specimen Refusal
In response to the Examining Attorney’s allegation that Applicant digitally altered its specimen, Applicant respectfully wishes to inform the Examining Attorney that the original specimen submitted with its application was in fact an actual photo of the scarf as sold in commerce; the image submitted was not digitally altered as suggested by the Examiner. However, Applicant has since sold through the scarves and as such, cannot submit a new image as a substitute specimen. Instead, Applicant herewith is submitting a new specimen of a different product, showing the mark as used in connection with the listed goods as sold in commerce.
Identification of Goods
In response to the Examiner’s requirement to clarify “baby bibs”, Applicant is amending its identification of goods to the following:
Clothing, namely, shirts, t-shirts, long sleeve shirts, short sleeve shirts, jerseys, sweatshirts, hooded sweatshirts, jackets, shorts, pajamas, sweatpants, pants, hats, caps, socks, scarves, gloves, mittens, baby bibs not of paper, bandanas, pet bandanas
Conclusion
In light of the foregoing, Applicant submits that its application now is in condition for publication. Thank you for your consideration.
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.
