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 |
87459920 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/87459920/mark.png |
LITERAL ELEMENT |
ROUGE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Applicant respectfully believes that the Likelihood of Confusion stems from the presumption that the broad identification of goods and services of
the Applicant encompasses the goods and services of the Cited marks. Applicant has specified further its goods and services. Applicant humbly believes that as a result of the amendment, the goods and
services of the Applicant have become distinct to that of the goods of the Cited marks. Based on the foregoing, Applicant respectfully requests the Examining Attorney to withdraw the refusal. |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Paper; cardboard; printed publications; printed matter; computer printers (Inking ribbons for -); bookbinding materials; books;
adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores; periodical magazines; photographs; stationery and educational supplies; typewriters; Instructional
and teaching material (except apparatus); plastic materials for packaging; printing blocks |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000319870 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/25/2016 |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Paper; cardboard; printed publications;
printed publications and printed matter, namely, printed certificates, booklets, coupons, lectures, leaflets, paper signs, manuals, curricula, newsletters,
informational cards and brochures in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and
technology, law; printed matter; Inking Ribbons for computer printers; computer
printers (Inking ribbons for -); bookbinding materials; books in the field of art, music and artistic performances, entertainment,
fashion, sports, culture, general human interest, film production, languages, science and technology, law; books; adhesives for
stationery or household purposes; artists' paint brushes; music sheets; printed music scores on
sheets; music scores; periodical magazines in the field of art, music and artistic performances, entertainment, fashion,
sports, culture, general human interest, film production, languages, science and technology, law; periodical magazines; photographs; stationery and educational supplies, namely, blank note books and school supply kits containing various combinations of selected school
supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing
grips, glue for stationery or household use and book marks; stationery and educational supplies; typewriters; printed instructional and teaching material, except apparatus, namely in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general
human interest, film production, languages, science and technology, law; Instructional and teaching material (except apparatus); plastic materials, namely, bags, bubble packs and films for packaging; plastic materials for packaging; printing
blocks |
FINAL DESCRIPTION |
Paper; cardboard; printed publications and printed matter, namely, printed certificates, booklets, coupons, lectures, leaflets, paper
signs, manuals, curricula, newsletters, informational cards and brochures in the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film
production, languages, science and technology, law; Inking Ribbons for computer printers; bookbinding materials; books in the field of art, music and artistic performances, entertainment, fashion,
sports, culture, general human interest, film production, languages, science and technology, law; adhesives for stationery or household purposes; artists' paint brushes; music sheets; printed music
scores on sheets; periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and
technology, law; photographs; stationery and educational supplies, namely, blank note books and school supply kits containing various combinations of selected school supplies, namely, writing
instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery
or household use and book marks; typewriters; printed instructional and teaching material, except apparatus, namely in the field of art, music and artistic performances, entertainment, fashion,
sports, culture, general human interest, film production, languages, science and technology, law; plastic materials, namely, bags, bubble packs and films for packaging; printing blocks |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000319870 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/25/2016 |
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) |
FOREIGN REGISTRATION NUMBER |
UK00003198706 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/14/2017 |
FOREIGN EXPIRATION DATE |
11/25/2026 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-1301054199-195925066_._ROUGE_UK00003198706_Registration_Certificate0.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0004.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (026)(current) |
INTERNATIONAL CLASS |
026 |
DESCRIPTION |
Lace; embroidery; ribbons; braid; buttons; hooks and eyes; pins; needles; artificial flowers |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000319870 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/25/2016 |
GOODS AND/OR SERVICES SECTION (026)(proposed) |
INTERNATIONAL CLASS |
026 |
TRACKED TEXT DESCRIPTION |
Lace; Embroidery; ribbons; braid; braids; buttons; hooks and eyes; pins; pins, namely, sewing pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins; needles; artificial flowers |
FINAL DESCRIPTION |
Lace; Embroidery; ribbons; braids; buttons; hooks and eyes; pins, namely, sewing pins, hat pins, curling pins, safety pins, bobby pins,
marking pins, ornamental novelty pins; needles; artificial flowers |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000319870 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/25/2016 |
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) |
FOREIGN REGISTRATION NUMBER |
UK00003198706 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/14/2017 |
FOREIGN EXPIRATION DATE |
11/25/2026 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-1301054199-195925066_._ROUGE_UK00003198706_Registration_Certificate0.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0007.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Provision of information and advice to consumers regarding the selection of products and items to be purchased; exhibitions for
commercial or advertising purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; Publicity and sales promotion services; provision of business
and commercial information; business consultancy services; assistance and advice regarding business organization and management; advertising; advertising particularly services for the promotion of
goods; arranging of contracts for the purchase and sale of goods and services, for others; market research and marketing studies; compilation of computer databases; office functions; risk management
consultancy; employment agency services; personnel recruitment services; temporary personnel employment services; placement of permanent personnel |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000319870 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/25/2016 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Provision of information and advice to consumers regarding the selection of products and items to be
purchased; exhibitions for commercial or advertising purposes; Organizing exhibitions for commercial or advertising
purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; Publicity and sales promotion services; publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the
electronic way; provision of business and commercial information; business consultancy services; assistance and advice
regarding business organization and management; advertising; advertising services; advertising
particularly services for the promotion of goods; arranging of contracts for the purchase and sale of goods and services, for others; market
research and marketing studies; compilation of computer databases; compilation of information into computer
databases; office functions; Providing office functions; risk management
consultancy; Business risk management consultancy; employment agency services; personnel recruitment
services; temporary personnel employment services; Temporary, employment agency services, namely, temporary personnel
employment services; placement of permanent personnel; Employment agency services, namely, placement of permanent
personnel |
FINAL DESCRIPTION |
Provision of information and advice to consumers regarding the selection of products and items to be purchased; Organizing exhibitions
for commercial or advertising purposes; arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; publicity and sales promotion relating to goods and
services, offered and ordered by telecommunication or the electronic way; provision of business and commercial information; business consultancy services; assistance and advice regarding business
organization and management; advertising services; advertising particularly services for the promotion of goods; arranging of contracts for the purchase and sale of goods and services, for others;
market research and marketing studies; compilation of information into computer databases; Providing office functions; Business risk management consultancy; employment agency services; personnel
recruitment services; Temporary, employment agency services, namely, temporary personnel employment services; Employment agency services, namely, placement of permanent personnel |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000319870 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/25/2016 |
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) |
FOREIGN REGISTRATION NUMBER |
UK00003198706 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/14/2017 |
FOREIGN EXPIRATION DATE |
11/25/2026 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU2-1301054199-195925066_._ROUGE_UK00003198706_Registration_Certificate0.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0010.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (038)(current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Telecommunication services; communication services for the electronic transmission of voices; transmission of data; electronic
transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; simulcasting broadcast television over
global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite
communication services; telecommunications gateway services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000319870 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/25/2016 |
GOODS AND/OR SERVICES SECTION (038)(proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Telecommunication services; Telecommunication services, namely,
telecommunication access services, digital network telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication
services and, providing multiple-user access to a global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless
communication networks, and the Internet; communication services for the electronic transmission of voices; communication
services, namely, electronic transmission of voices, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information
services networks and data networks, electronic transmission of data and documents among users of computers; transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and
multimedia files by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; transmission
of data, audio, video and multimedia files; television programme broadcasting; simulcasting broadcast television over global
communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand
service; satellite communication services; telecommunications gateway services |
FINAL DESCRIPTION |
Telecommunication services, namely, telecommunication access services, digital network telecommunications services, transmission of
webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user access to a global computer network, transmission of voice,
data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communication services, namely, electronic transmission of voices,
transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks, electronic
transmission of data and documents among users of computers; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data,
audio, video and multimedia files by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; television programme broadcasting;
simulcasting broadcast television over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online
video-on-demand service; satellite communication services; telecommunications gateway services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
UK0000319870 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/25/2016 |
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) |
FOREIGN REGISTRATION NUMBER |
UK00003198706 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/14/2017 |
FOREIGN EXPIRATION DATE |
11/25/2026 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU3-1301054199-195925066_._ROUGE_UK00003198706_Registration_Certificate0.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0012.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\874\599\87459920\xml4\ROA0013.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ADDITIONAL STATEMENTS SECTION |
TRANSLATION |
The English translation of ROUGE in the mark is RED. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/ Jonathan G. Morton / |
SIGNATORY'S NAME |
Jonathan G. Morton |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
212-666-5000 |
DATE SIGNED |
02/26/2018 |
RESPONSE SIGNATURE |
/ Jonathan G. Morton / |
SIGNATORY'S NAME |
Jonathan G. Morton |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
212-666-5000 |
DATE SIGNED |
02/26/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Feb 26 20:42:15 EST 2018 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0180226204215651482-87459
920-51057a1f0608e6bb45e24
a311ec8f5f8e9acf3a9e5e321
850cfd28cc8ca92466-N/A-N/
A-20180226195925066742 |
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.
87459920 ROUGE(Standard Characters, see http://uspto.report/TM/87459920/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant respectfully believes that the Likelihood of Confusion stems from the presumption that the broad identification of goods and services of the Applicant encompasses the goods and services of
the Cited marks. Applicant has specified further its goods and services. Applicant humbly believes that as a result of the amendment, the goods and services of the Applicant have become distinct to
that of the goods of the Cited marks. Based on the foregoing, Applicant respectfully requests the Examining Attorney to withdraw the refusal.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Paper; cardboard; printed publications; printed matter; computer printers (Inking ribbons for -); bookbinding materials; books; adhesives for stationery or household
purposes; artists' paint brushes; music sheets; music scores; periodical magazines; photographs; stationery and educational supplies; typewriters; Instructional and teaching material (except
apparatus); plastic materials for packaging; printing blocks
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000319870 filed 11/25/2016]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Paper;
cardboard;
printed publications;
printed publications and printed matter, namely, printed certificates, booklets, coupons, lectures, leaflets, paper signs, manuals, curricula, newsletters, informational cards and brochures in
the fields of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and technology, law;
printed matter;
Inking Ribbons for computer printers;
computer printers (Inking ribbons for -);
bookbinding materials;
books in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human
interest, film production, languages, science and technology, law;
books;
adhesives for stationery or household purposes;
artists' paint brushes;
music sheets;
printed music scores on sheets;
music scores;
periodical magazines in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human
interest, film production, languages, science and technology, law;
periodical magazines;
photographs;
stationery and educational supplies, namely, blank note books and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils,
mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use and book
marks;
stationery and educational supplies;
typewriters;
printed instructional and teaching
material, except apparatus, namely in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and
technology, law;
Instructional and teaching material (except apparatus);
plastic materials, namely, bags, bubble packs
and films for packaging;
plastic materials for packaging;
printing blocksClass 016 for Paper; cardboard; printed publications
and printed matter, namely, printed certificates, booklets, coupons, lectures, leaflets, paper signs, manuals, curricula, newsletters, informational cards and brochures in the fields of art, music
and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and technology, law; Inking Ribbons for computer printers; bookbinding
materials; books in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and technology, law;
adhesives for stationery or household purposes; artists' paint brushes; music sheets; printed music scores on sheets; periodical magazines in the field of art, music and artistic performances,
entertainment, fashion, sports, culture, general human interest, film production, languages, science and technology, law; photographs; stationery and educational supplies, namely, blank note books
and school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens,
folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue for stationery or household use and book marks; typewriters; printed instructional and teaching material,
except apparatus, namely in the field of art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and technology,
law; plastic materials, namely, bags, bubble packs and films for packaging; printing blocks
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000319870 filed 11/25/2016]. 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:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00003198706 registered
04/14/2017 with a renewal date of __________ and an expiration date of 11/25/2026 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-1301054199-195925066_._ROUGE_UK00003198706_Registration_Certificate0.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
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 026 for Lace; embroidery; ribbons; braid; buttons; hooks and eyes; pins; needles; artificial flowers
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000319870 filed 11/25/2016]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Lace;
Embroidery;
ribbons;
braid;
braids;
buttons;
hooks and eyes;
pins;
pins, namely,
sewing pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins;
needles;
artificial flowersClass 026
for Lace; Embroidery; ribbons; braids; buttons; hooks and eyes; pins, namely, sewing pins, hat pins, curling pins, safety pins, bobby pins, marking pins, ornamental novelty pins; needles; artificial
flowers
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000319870 filed 11/25/2016]. 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:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00003198706 registered
04/14/2017 with a renewal date of __________ and an expiration date of 11/25/2026 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-1301054199-195925066_._ROUGE_UK00003198706_Registration_Certificate0.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
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 035 for Provision of information and advice to consumers regarding the selection of products and items to be purchased; exhibitions for commercial or advertising purposes;
arranging of exhibitions for commercial purposes; demonstration of goods for promotional purposes; Publicity and sales promotion services; provision of business and commercial information; business
consultancy services; assistance and advice regarding business organization and management; advertising; advertising particularly services for the promotion of goods; arranging of contracts for the
purchase and sale of goods and services, for others; market research and marketing studies; compilation of computer databases; office functions; risk management consultancy; employment agency
services; personnel recruitment services; temporary personnel employment services; placement of permanent personnel
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000319870 filed 11/25/2016]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Provision of information and advice to consumers regarding the selection of products and items to be purchased;
exhibitions for commercial or advertising purposes;
Organizing exhibitions for commercial or advertising purposes;
arranging
of exhibitions for commercial purposes;
demonstration of goods for promotional purposes;
Publicity and sales promotion
services;
publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the electronic way;
provision of business and commercial information;
business consultancy services;
assistance and advice regarding business organization
and management;
advertising;
advertising services;
advertising particularly services for the
promotion of goods;
arranging of contracts for the purchase and sale of goods and services, for others;
market research and marketing
studies;
compilation of computer databases;
compilation of information into computer databases;
office functions;
Providing office functions;
risk management consultancy;
Business risk management consultancy;
employment agency services;
personnel recruitment services;
temporary personnel employment services;
Temporary, employment agency services, namely, temporary personnel employment services;
placement of permanent personnel;
Employment agency services, namely, placement of permanent personnelClass 035 for Provision of
information and advice to consumers regarding the selection of products and items to be purchased; Organizing exhibitions for commercial or advertising purposes; arranging of exhibitions for
commercial purposes; demonstration of goods for promotional purposes; publicity and sales promotion relating to goods and services, offered and ordered by telecommunication or the electronic way;
provision of business and commercial information; business consultancy services; assistance and advice regarding business organization and management; advertising services; advertising particularly
services for the promotion of goods; arranging of contracts for the purchase and sale of goods and services, for others; market research and marketing studies; compilation of information into
computer databases; Providing office functions; Business risk management consultancy; employment agency services; personnel recruitment services; Temporary, employment agency services, namely,
temporary personnel employment services; Employment agency services, namely, placement of permanent personnel
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000319870 filed 11/25/2016]. 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:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00003198706 registered
04/14/2017 with a renewal date of __________ and an expiration date of 11/25/2026 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-1301054199-195925066_._ROUGE_UK00003198706_Registration_Certificate0.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
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 038 for Telecommunication services; communication services for the electronic transmission of voices; transmission of data; electronic transmission of images, photographs,
graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; simulcasting broadcast television over global communication networks, the
Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications
gateway services
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000319870 filed 11/25/2016]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Telecommunication services;
Telecommunication services, namely, telecommunication access services,
digital network telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user
access to a global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet;
communication services for the electronic transmission of voices;
communication services, namely, electronic transmission of
voices, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks, electronic
transmission of data and documents among users of computers;
transmission of data;
electronic transmission of images, photographs,
graphic images and illustrations over a global computer network;
transmission of data, audio, video and multimedia files by telecommunications networks,
wireless communication networks, the Internet, information services networks and data networks;
transmission of data, audio, video and multimedia files;
television programme broadcasting;
simulcasting broadcast television over global communication networks, the Internet and wireless
networks;
provision of telecommunication access to video and audio content provided via an online video-on-demand service;
satellite
communication services;
telecommunications gateway servicesClass 038 for Telecommunication services, namely, telecommunication access services, digital network
telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user access to a
global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communication
services, namely, electronic transmission of voices, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information
services networks and data networks, electronic transmission of data and documents among users of computers; electronic transmission of images, photographs, graphic images and illustrations over a
global computer network; transmission of data, audio, video and multimedia files by telecommunications networks, wireless communication networks, the Internet, information services networks and data
networks; television programme broadcasting; simulcasting broadcast television over global communication networks, the Internet and wireless networks; provision of telecommunication access to video
and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway services
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000319870 filed 11/25/2016]. 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:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00003198706 registered
04/14/2017 with a renewal date of __________ and an expiration date of 11/25/2026 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU3-1301054199-195925066_._ROUGE_UK00003198706_Registration_Certificate0.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
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.
ADDITIONAL STATEMENTS
Translation
The English translation of ROUGE in the mark is RED.
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: / Jonathan G. Morton / Date: 02/26/2018
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-666-5000
Response Signature
Signature: / Jonathan G. Morton / Date: 02/26/2018
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-666-5000
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: 87459920
Internet Transmission Date: Mon Feb 26 20:42:15 EST 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2018022620421565
1482-87459920-51057a1f0608e6bb45e24a311e
c8f5f8e9acf3a9e5e321850cfd28cc8ca92466-N
/A-N/A-20180226195925066742