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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87513328 ZOA(Standard Characters, see http://uspto.report/TM/87513328/mark.png) has been amended as follows:

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

Applicant has amended the identification of goods consistent with the examiner’s suggestions.  Applicant has satisfied the multiple-class application requirements and has responded to the request for information.  Applicant respectfully submits that the application should proceed to publication in due course.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for structural parts of vehicles; coverings for vehicle seats and vehicle components; vehicle seats; structural parts of automobiles; automobile seats; coverings for automobile seats and automobile components; vehicle linings and coverings; bioleather vehicle linings and coverings; linings and bioleather linings for automobiles, airplanes, boats and trains
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: structural parts of vehicles; Coverings for vehicle seats and vehicle components, namely, fitted vehicle seat covers; coverings for vehicle seats and vehicle components; vehicle seats; structural parts of automobiles, namely, automobile seats; structural parts of automobiles; coverings for automobile seats and automobile components, namely, fitted automotive seat covers; automobile seats; vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers; coverings for automobile seats and automobile components; bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers; vehicle linings and coverings; linings and bioleather linings for automobiles, namely, fitted vehicle covers for automobiles, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers, steering wheel covers for automobiles; bioleather vehicle linings and coverings; linings and bioleather linings for automobiles, airplanes, boats and trainsClass 012 for Coverings for vehicle seats and vehicle components, namely, fitted vehicle seat covers; vehicle seats; structural parts of automobiles, namely, automobile seats; coverings for automobile seats and automobile components, namely, fitted automotive seat covers; vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers; bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers; linings and bioleather linings for automobiles, namely, fitted vehicle covers for automobiles, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers, steering wheel covers for automobiles
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for leather; leather goods; biofabricated leather; biofabricated leather goods; bioleather; bioleather goods; leather and bioleather watch bands and straps; bioleather handbags; handbags, purses and wallets; bioleather handbag, purses and wallets; backpacks, book bags, sports bags, bum bags; bioleather backpacks, book bags, sports bags, bum bags; suitcases; bioleather suitcases; bags; weekend bags; bioleather bags and weekend bags; bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer cases
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: leather; Biofabricated leather; leather goods; biofabricated leather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather being collagen-based leather alternative; biofabricated leather goods; bioleather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather; bioleather handbags; bioleather goods; handbags, purses and wallets; leather and bioleather watch bands and straps; bioleather handbag, purses and wallets; backpacks, book bags, sports bags, bum bags; bioleather backpacks, book bags, sports bags, bum bags; suitcases; bioleather suitcases; bags; weekend bags; bioleather bags and weekend bags; bioleather fibers in the nature of a leather alternative for further manufacture; bioleather materials, namely, a leather alternative; bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer casesClass 018 for Biofabricated leather; biofabricated leather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather being collagen-based leather alternative; bioleather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather handbags; handbags, purses and wallets; bioleather handbag, purses and wallets; backpacks, book bags, sports bags, bum bags; bioleather backpacks, book bags, sports bags, bum bags; suitcases; bioleather suitcases; bags; weekend bags; bioleather bags and weekend bags; bioleather fibers in the nature of a leather alternative for further manufacture; bioleather materials, namely, a leather alternative
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 020 for furniture; biofabricated furniture; bioleather furniture; furniture made from bioleather
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: Class 020 for furniture; biofabricated furniture; bioleather furniture; furniture made from bioleather
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 022 for Fibers; biofabricated fibers; bioleather fibers; textile fibers; bioleather stuffing fibers; bioleather fibers for textile use; bioleather fibers for non-textile use; bioleather fibers for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel; ropes and strings; bioleather ropes and strings; nets; bioleather nets; tents; bioleather tents; tarpaulins; bioleather tarpaulins; bioleather materials; sails; bioleather sails; sacks; bioleather sacks; padding, cushioning and stuffing materials; bioleather padding, cushioning and stuffing materials
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: Fibers; Fibers, namely, textile fibers, synthetic fibers, semi-synthetic fibers; biofabricated fibers; biofabricated fibers in the nature of bioleather textile fibers; bioleather fibers; textile fibers; bioleather stuffing fibers; bioleather fibers for textile use; bioleather fibers for non-textile use; bioleather fibers for nontextile use; bioleather fibers for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel; ropes and strings; bioleather ropes and strings; nets; tents; bioleather nets; bioleather tents; tarpaulins; bioleather tarpaulins; bioleather materials; sails; bioleather sails; sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; bioleather sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; sacks; padding, cushioning and stuffing materials, not of rubber, plastics or paper; bioleather sacks; bioleather padding, cushioning and stuffing materials, not of rubber, plastics or paper; padding, cushioning and stuffing materials; bioleather padding, cushioning and stuffing materialsClass 022 for Fibers, namely, textile fibers, synthetic fibers, semi-synthetic fibers; biofabricated fibers in the nature of bioleather textile fibers; bioleather fibers; textile fibers; bioleather stuffing fibers; bioleather fibers for textile use; bioleather fibers for nontextile use; bioleather fibers for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel; ropes and strings; bioleather ropes and strings; tents; bioleather tents; tarpaulins; bioleather tarpaulins; bioleather materials; sails; bioleather sails; sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; bioleather sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; padding, cushioning and stuffing materials, not of rubber, plastics or paper; bioleather padding, cushioning and stuffing materials, not of rubber, plastics or paper
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 023 for Yarns; bioleather yarns; bioleather threads; bioleather threads and yarns; bioleather yarns for textile use; bioleather yarns for non-textile use; bioleather yarns for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel
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: Class 023 for Yarns; bioleather yarns; bioleather threads; bioleather threads and yarns; bioleather yarns for textile use; bioleather yarns for non-textile use; bioleather yarns for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel
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 024 for Textiles; bioleather textiles; products made from textiles; products made from bioleather textiles
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: Textiles; Textiles, namely, bioleather fabrics for textile use, knitted fabrics; bioleather textiles; bioleather textiles in the nature of bioleather fabrics; products made from textiles; products made from textiles, namely, place mats of textile, quilts of textile, table cloths of textile, textile fabric of animal skin imitations, textile wall hangings, towels of textile; products made from bioleather textiles; products made from bioleather textiles, namely, place mats of textile, quilts of textile, table cloths of textile, textile fabric of animal skin imitations, textile wall hangings, towels of textileClass 024 for Textiles, namely, bioleather fabrics for textile use, knitted fabrics; bioleather textiles in the nature of bioleather fabrics; products made from textiles, namely, place mats of textile, quilts of textile, table cloths of textile, textile fabric of animal skin imitations, textile wall hangings, towels of textile; products made from bioleather textiles, namely, place mats of textile, quilts of textile, table cloths of textile, textile fabric of animal skin imitations, textile wall hangings, towels of textile
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; apparel; men's, women's and children's clothing and apparel; bioleather clothing; bioleather apparel; bioleather men's, women's and children's clothing and apparel; footwear; leather footwear; bioleather footwear; athletic shoes and footwear; bioleather athletic shoes and footwear
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, namely, shirts, pants, dresses, skirts, hats, scarves, belts; apparel; apparel, namely, shirts, pants, dresses, skirts, hats, scarves, belts; men's, women's and children's clothing and apparel; men's, women's and children's clothing and apparel, namely, shirts, pants, dresses, skirts, hats, scarves, belts; bioleather clothing; bioleather clothing, namely, shirts, pants, dresses, skirts, hats, scarves, belts; bioleather apparel; bioleather apparel, namely, shirts, pants, dresses, skirts, hats, scarves, belts; bioleather men's, women's and children's clothing and apparel; bioleather men's, women's and children's clothing and apparel, namely, shirts, pants, dresses, skirts, hats, scarves, belts; footwear; leather footwear; bioleather footwear; athletic shoes and footwear; bioleather athletic shoes and footwearClass 025 for Clothing, namely, shirts, pants, dresses, skirts, hats, scarves, belts; apparel, namely, shirts, pants, dresses, skirts, hats, scarves, belts; men's, women's and children's clothing and apparel, namely, shirts, pants, dresses, skirts, hats, scarves, belts; bioleather clothing, namely, shirts, pants, dresses, skirts, hats, scarves, belts; bioleather apparel, namely, shirts, pants, dresses, skirts, hats, scarves, belts; bioleather men's, women's and children's clothing and apparel, namely, shirts, pants, dresses, skirts, hats, scarves, belts; footwear; bioleather footwear; athletic shoes and footwear; bioleather athletic shoes and footwear
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 026 for Lace and embroidery; ribbons and braid; bioleather lace and embroidery; bioleather ribbons and braid
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: Class 026 for Lace and embroidery; ribbons and braid; bioleather lace and embroidery; bioleather ribbons and braid
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 027 for floor coverings; bioleather floor coverings; floor coverings made of bioleather
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: Class 027 for floor coverings; bioleather floor coverings; floor coverings made of bioleather
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 001 for Bioleather materials, namely, collagen for use in the manufacturing of a leather alternative, collagen-based leather alternative
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 009 for Bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer 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 hereby adds the following class of goods/services to the application:
New: Class 014 for Bioleather watch bands and straps
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
Significance of wording, letter(s), or numeral(s)
"ZOA" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
Response to Request for Information 1) Provide sufficient information about what is meant by the wording "bioleather fibers" in Class 22 and "bioleather threads" in Class 23. Provide photographs of these goods if available, and describe in detail (i) what the goods are, (ii) who are the intended consumers, and (iii) the intended uses of these goods. Response: Using biotechnology, applicant grows bioleather or biofabricated leather using collagen without an animal. Biofabrication enables applicant to grow nature's materials using living cells instead of animals. Applicant grows collagen, a protein you find in animal skin, from which applicant creates a biofabricated leather material. Depending on the desired features, applicant designs and engineers the material to deliver the right structural and aesthetic properties. Bioleather fibers are fibers made from a collagen-based leather alternative material which is called "bioleather" or "biofabricated leather". Similarly, bioleather threads are threads made from a collagen-based leather alternative material. These goods are currently under development and are being manufactured using new technology that creates a leather alternative material from collagen. The bioleather fibers and bioleather threads are intended for use by consumers who might otherwise use currently existing fibers and threads in textiles, clothing and the like. The uses for these goods are as varied and widespread as the current uses of traditional textile fibers and threads. ZOA does not have any significance as applied to the goods described in the application, and is not a "term of art" within applicant's industry. 1) Is "ZOA" an abbreviation? Response: No, ZOA is not an abbreviation. 2) What does "ZOA" stand for? Response: As it relates to applicant's goods, ZOA is arbitrary; it does not stand for anything. It was selected because it is arbitrary as it relates to applicant's goods, and is inherently distinctive.


FEE(S)
Fee(s) in the amount of $825 is being submitted.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_1622502422-114046274_._2.20_Dec_87513328.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Andras Forgacs
Signatory's Position: Chief Executive Officer

Response Signature
Signature: /Brian B. Darville/     Date: 12/15/2017
Signatory's Name: Brian B. Darville
Signatory's Position: Attorney of record, Virginia Bar member

Signatory's Phone Number: (703) 413-3000

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: 87513328
RAM Accounting Date: 12/15/2017
        
Serial Number: 87513328
Internet Transmission Date: Fri Dec 15 12:30:12 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2017121512301279
5946-87513328-510d6fcf044d9baf5ad9ad44cb
494776c1057679aec4d8928e08861975671426e8
8-CC-13270-20171215122116658925