TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

---

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 87526154 GARRETT(Standard Characters, see http://uspto.report/TM/87526154/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The foreign application No(s). 1346707 has/have now abandoned. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Perfumery; Essential oils for personal use; Cosmetics and make-up; Eye make-up; Eyeliners; Blushers; Lipsticks; Hair lotions; Non-medicated soaps for hands, face and body
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Benelux application number 1346707 filed 01/17/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 003 for Perfumery; Essential oils for personal use; Cosmetics and make-up; Eye make-up; Eyeliners; Blushers; Lipsticks; Hair lotions; Non-medicated soaps for hands, face and body
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Benelux application number 1346707 filed 01/17/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : 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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Divans; sofas; armchairs; beds; ottomans; tables; chairs; chaises longues; furniture; mirrors; picture frames
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Benelux application number 1346707 filed 01/17/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 020 for Divans; sofas; armchairs; beds; ottomans; tables; chairs; chaises longues; furniture; mirrors; picture frames
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Benelux application number 1346707 filed 01/17/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : 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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, shirts, pants, coats, dresses, tops and bottoms; footwear; headwear; swimwear; sportswear, namely, athletic shorts, athletic pants, athletic shirts, athletic uniforms; leisurewear, namely, robes, night gowns, leisure suits, leisure shoes, loungewear
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Benelux application number 1346707 filed 01/17/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 025 for Clothing, namely, shirts, pants, coats, dresses, tops and bottoms; footwear; headwear; swimwear; sportswear, namely, athletic shorts, athletic pants, athletic shirts, athletic uniforms; leisurewear, namely, robes, night gowns, leisure suits, leisure shoes, loungewear
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Benelux application number 1346707 filed 01/17/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : 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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.


New Correspondence Address
Current:
JONATHAN G. MORTON
MORTON & ASSOCIATES LLP
246 WEST BROADWAY
NEW YORK
New York
US
10013

Proposed:
      JONATHAN G. MORTON of MORTON & ASSOCIATES LLP
      NEW YORK, New York 10013
      United States
      jgm@moas.com; trademark.desk@moas.com
      212-468-5483
      (212) 504-0888
.
The attorney docket/reference number is 2685/2017



Response Suspension Inquiry Signature
Signature: /Jonathan G. Morton/     Date: 04/08/2019
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-468-5483

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.

Mailing Address:    JONATHAN G. MORTON
   MORTON & ASSOCIATES LLP
   246 WEST BROADWAY
   NEW YORK, New York 10013
        
Serial Number: 87526154
Internet Transmission Date: Mon Apr 08 04:38:46 EDT 2019
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.XX-2019040804384676
3385-87526154-62059f6f028b5345dc8aee061f
5be8cfcecbfada5d58b4ab9d74509be41d80df58
-N/A-N/A-20190408043100504509