| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87610260 |
| LAW OFFICE ASSIGNED | LAW OFFICE 115 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87610260/mark.png |
| LITERAL ELEMENT | BASICS |
| 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. |
| LEGAL ENTITY SECTION (current) | |
| TYPE | business trust |
| STATE/COUNTRY WHERE LEGALLY ORGANIZED | Pennsylvania |
| LEGAL ENTITY SECTION (proposed) | |
| TYPE | business trust |
| STATE/COUNTRY WHERE LEGALLY ORGANIZED | Pennsylvania |
| NAME OF ALL GENERAL PARTNERS, ACTIVE MEMBERS, INDIVIDUAL, TRUSTEES, OR EXECUTORS, AND CITIZENSHIP/ INCORPORATION | Applicant is the Trustees of Vincent James Company, a Pennsylvania business trust, the trustees comprising Vincent J. DeCarlucci and Karen S. DeCarlucci, both of whom are individuals and are citizens of the United States. |
| ARGUMENT(S) | |
|
The Office Action dated December 20, 2017, which issued in U.S. Trademark Application Serial No. 87/610,260 for the mark BASICS has been received, and the following is in response thereto. Applicant respectfully requests that the Trademark Examining Attorney reconsider the registrability of the subject application in view of the following amendment and remarks. Kindly amend the application as follows: IN THE IDENTIFICATION OF THE APPLICANT Kindly amend the Identification of the Applicant to read: -- Applicant is the Trustees of Vincent James Company, a Pennsylvania business trust, the trustees comprising Vincent J. DeCarlucci and Karen S. DeCarlucci, both of whom are individuals and are citizens of the United States. -- Applicant acknowledges that the Trademark Examining Attorney has indicated that she “has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act, Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).” Applicant has now amended the Identification of Applicant as noted above to indicate that “Applicant is the Trustees of Vincent James Company, a Pennsylvania business trust, the trustees comprising Vincent J. DeCarlucci and Karen S. DeCarlucci, both of whom are individuals and are citizens of the United States”, in order to comply with the Trademark Examining Attorney’s request that applicant properly identify itself. Further, the Trademark Examining Attorney has objected to the specimen as filed as being “merely a printer’s proof or mock up.” Applicant notes that the original specimen is in fact a copy of an actual hang tag used with the product. A further copy of a photograph of that same hang tag is being submitted with this Response as a Supplemental Specimen to address and overcome the Trademark Examining Attorney’s objection. Applicant now believes that it has completely responded to the outstanding Office Action dated December 20, 2017, and that the subject application is now in condition for allowance. Applicant, therefore, respectfully requests that the Trademark Examining Attorney now indicate the registrability of the subject mark for the goods identified in International Class 26, and pass the application for publication for Opposition in accordance with Section 12(a) of the Trademark Act. If the Trademark Examining Attorney feels that a telephone conference would expedite prosecution of this application, she is invited to contact the attorney of record at 412-471-8815 or via email at fcolen@webblaw.com. |
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 026 |
| DESCRIPTION | Hair pieces and wigs |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 11/30/1998 |
| FIRST USE IN COMMERCE DATE | At least as early as 11/30/1998 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 026 |
| DESCRIPTION | Hair pieces and wigs |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 11/30/1998 |
| FIRST USE IN COMMERCE DATE | At least as early as 11/30/1998 |
| STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
| SPECIMEN FILE NAME(S) | |
| ORIGINAL PDF FILE | SPU0-38107150106-20180320094912681575_._47E6922-1707468.supplemental_specimen.PDF |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\876\102\87610260\xml4\ROA0002.JPG |
| SPECIMEN DESCRIPTION | a photograph of a hang tag used with the product |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Frederick H. Colen/ |
| SIGNATORY'S NAME | Frederick H. Colen, Registration No. 28,061 |
| SIGNATORY'S POSITION | Attorney of Record, Pennsylvania bar member |
| SIGNATORY'S PHONE NUMBER | 412-471-8815 |
| DATE SIGNED | 03/23/2018 |
| RESPONSE SIGNATURE | /Frederick H. Colen/ |
| SIGNATORY'S NAME | Frederick H. Colen, Registration No. 28,061 |
| SIGNATORY'S POSITION | Attorney of Record, Pennsylvania bar member |
| SIGNATORY'S PHONE NUMBER | 412-471-8815 |
| DATE SIGNED | 03/23/2018 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Mar 23 09:24:37 EDT 2018 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20180323092437926269-8761 0260-5108ea4d82171a128e9d bf4c1865e6472c75c65c626ec cbfc945dc274ed83b43ece-N/ A-N/A-2018032309222296496 2 |
| 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) |
The Office Action dated December 20, 2017, which issued in U.S. Trademark Application Serial No. 87/610,260 for the mark BASICS has been received, and the following is in response thereto.
Applicant respectfully requests that the Trademark Examining Attorney reconsider the registrability of the subject application in view of the following amendment and remarks.
Kindly amend the application as follows:
IN THE IDENTIFICATION OF THE APPLICANT
Kindly amend the Identification of the Applicant to read:
-- Applicant is the Trustees of Vincent James Company, a Pennsylvania business trust, the trustees comprising Vincent J. DeCarlucci and Karen S. DeCarlucci, both of whom are individuals and are citizens of the United States. --
Applicant acknowledges that the Trademark Examining Attorney has indicated that she “has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act, Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).”
Applicant has now amended the Identification of Applicant as noted above to indicate that “Applicant is the Trustees of Vincent James Company, a Pennsylvania business trust, the trustees comprising Vincent J. DeCarlucci and Karen S. DeCarlucci, both of whom are individuals and are citizens of the United States”, in order to comply with the Trademark Examining Attorney’s request that applicant properly identify itself.
Further, the Trademark Examining Attorney has objected to the specimen as filed as being “merely a printer’s proof or mock up.” Applicant notes that the original specimen is in fact a copy of an actual hang tag used with the product. A further copy of a photograph of that same hang tag is being submitted with this Response as a Supplemental Specimen to address and overcome the Trademark Examining Attorney’s objection.
Applicant now believes that it has completely responded to the outstanding Office Action dated December 20, 2017, and that the subject application is now in condition for allowance. Applicant, therefore, respectfully requests that the Trademark Examining Attorney now indicate the registrability of the subject mark for the goods identified in International Class 26, and pass the application for publication for Opposition in accordance with Section 12(a) of the Trademark Act.
If the Trademark Examining Attorney feels that a telephone conference would expedite prosecution of this application, she is invited to contact the attorney of record at 412-471-8815 or via email at fcolen@webblaw.com.
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.
