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)

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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 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. 87653321 KANDO(Standard Characters, see http://uspto.report/TM/87653321/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Japan registration number 6010208 registered 01/12/2018, with a renewal date of __________ and an expiration date of 01/12/2028, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_208185139113-094429092_._2018-2-9_-_KANDO_-_Japanese_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Original PDF file:
FR_208185139113-094429092_._2018-2-9_-_KANDO_-_Translation.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Comment(s)/Remark(s):
Original PDF file:
FRR_1-208185139113-094429092_._2018-2-9_-_KANDO_-_Remarks_for_Response_to_Suspension_Letter.pdf
Converted PDF file(s) (2 pages)
Foreign Remark File1
Foreign Remark File2
The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, jackets, down jackets, wind resistant jackets, coats, jumpers, rainwear, sweaters; knitwear, namely, knit bottoms and knit tops; cardigans; vests; shirts; polo shirts; layettes as clothing; waterproof clothing, namely, waterproof footwear, waterproof jackets and pants; pullovers; trousers; stretch pants; suits; skirts; leggings; beach clothes, namely, beach cover-ups and beach footwear, swimwear; sleeping garments; sleepwear; bathrobes; underwear; undershirts; corsets as underclothing; chemises; underpants; hosiery; tank tops; jerseys as clothing; gloves as clothing; mittens as clothing; scarfs; ties as clothing; shawls; bandanas; mufflers as clothing; ear muffs as clothing; headgear, namely, hats and caps; socks; stockings; garters; suspenders; belts for clothing; shower caps; sleep masks; footwear, namely, shoes, boots, sandals, and slippers; clothes for sports, namely, sports jerseys, sports uniforms, sports pants, sports shirts; tights
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 [Japan application number 2017-055646 filed 04/20/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 025 for Clothing, namely, jackets, down jackets, wind resistant jackets, coats, jumpers, rainwear, sweaters; knitwear, namely, knit bottoms and knit tops; cardigans; vests; shirts; polo shirts; layettes as clothing; waterproof clothing, namely, waterproof footwear, waterproof jackets and pants; pullovers; trousers; stretch pants; suits; skirts; leggings; beach clothes, namely, beach cover-ups and beach footwear, swimwear; sleeping garments; sleepwear; bathrobes; underwear; undershirts; corsets as underclothing; chemises; underpants; hosiery; tank tops; jerseys as clothing; gloves as clothing; mittens as clothing; scarfs; ties as clothing; shawls; bandanas; mufflers as clothing; ear muffs as clothing; headgear, namely, hats and caps; socks; stockings; garters; suspenders; belts for clothing; shower caps; sleep masks; footwear, namely, shoes, boots, sandals, and slippers; clothes for sports, namely, sports jerseys, sports uniforms, sports pants, sports shirts; tights
Deleted Filing Basis: 1(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 [Japan application number 2017-055646 filed 04/20/2017]. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising, marketing and sales promotion services in the field of woven fabrics, beddings, towels, clothing, footwear, headgear, bags, pouches, purses, perfumery, clocks, watches, cosmetics, toiletries, dentifrices, soaps, detergents, sport goods, eyeglasses, jewellery, personal ornaments of precious metal; organization of fashion shows for commercial or advertising purposes; retail store services and wholesale store services featuring woven fabrics and beddings; retail store services and wholesale store services featuring towels; retail store services and wholesale store services featuring clothing; retail store services and wholesale store services featuring headgear for wear, namely, hats and caps; retail store services and wholesale store services featuring footwear; retail store services and wholesale store services featuring hags and pouches; retail store services and wholesale store services featuring purses; retail store services and wholesale store services featuring personal articles, namely, personal ornaments of precious metal, scarfs, mufflers being clothing, and hair ornaments
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 [Japan application number 2017-055646 filed 04/20/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Advertising, marketing and sales promotion services in the field of woven fabrics, beddings, towels, clothing, footwear, headgear, bags, pouches, purses, perfumery, clocks, watches, cosmetics, toiletries, dentifrices, soaps, detergents, sport goods, eyeglasses, jewellery, personal ornaments of precious metal; organization of fashion shows for commercial or advertising purposes; retail store services and wholesale store services featuring woven fabrics and beddings; retail store services and wholesale store services featuring towels; retail store services and wholesale store services featuring clothing; retail store services and wholesale store services featuring headgear for wear, namely, hats and caps; retail store services and wholesale store services featuring footwear; retail store services and wholesale store services featuring hags and pouches; retail store services and wholesale store services featuring bags and pouches; retail store services and wholesale store services featuring purses; retail store services and wholesale store services featuring personal articles, namely, personal ornaments of precious metal, scarfs, mufflers being clothing, and hair ornaments; retail store services and wholesale store services featuring personal articles, namely, personal ornaments of precious metal, scarfs, mufflers being clothing, and hair ornaments.Class 035 for Advertising, marketing and sales promotion services in the field of woven fabrics, beddings, towels, clothing, footwear, headgear, bags, pouches, purses, perfumery, clocks, watches, cosmetics, toiletries, dentifrices, soaps, detergents, sport goods, eyeglasses, jewellery, personal ornaments of precious metal; organization of fashion shows for commercial or advertising purposes; retail store services and wholesale store services featuring woven fabrics and beddings; retail store services and wholesale store services featuring towels; retail store services and wholesale store services featuring clothing; retail store services and wholesale store services featuring headgear for wear, namely, hats and caps; retail store services and wholesale store services featuring footwear; retail store services and wholesale store services featuring bags and pouches; retail store services and wholesale store services featuring purses; retail store services and wholesale store services featuring personal articles, namely, personal ornaments of precious metal, scarfs, mufflers being clothing, and hair ornaments.
Deleted Filing Basis: 1(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 [Japan application number 2017-055646 filed 04/20/2017]. 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.


Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Suspension Inquiry Signature
Signature: /Roberta S. Bren/     Date: 02/12/2018
Signatory's Name: Roberta S. Bren
Signatory's Position: Attorney of Record, VA Bar Member
Signatory's Phone Number: 703-621-7140 ext. 148

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.

        
Serial Number: 87653321
Internet Transmission Date: Mon Feb 12 10:11:29 EST 2018
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XXX-20180212101129
456793-87653321-5109ac21b8f26d31eb6bf9bc
5db6c98ebbfc0a608e77c3eaf2a7d0492f9dba73
27-N/A-N/A-20180212094429092129