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 |
87883275 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK |
http://uspto.report/TM/87883275/mark.png |
LITERAL ELEMENT |
FASHION |
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. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
015 |
DESCRIPTION |
Musical instruments, namely, percussion instruments, stringed musical instruments, woodwind musical instruments, and electronic musical
instruments; cases for musical instruments |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
10/23/2017 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
015 |
DESCRIPTION |
Musical instruments, namely, percussion instruments, stringed musical instruments, woodwind musical instruments, and electronic musical
instruments; cases for musical instruments |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1864147 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
10/23/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The foreign application has yet to mature into registration. Applicant, therefore, is requesting that the subject application be
suspended. |
CORRESPONDENCE SECTION |
ORIGINAL ADDRESS |
JONATHAN G. MORTON
MORTON & ASSOCIATES LLP
246 WEST BROADWAY
NEW YORK
New York
US
10013
|
NEW CORRESPONDENCE SECTION |
NAME |
JONATHAN G. MORTON |
FIRM NAME |
MORTON & ASSOCIATES LLP |
DOCKET/REFERENCE NUMBER |
10371/2018 |
STREET |
246 WEST BROADWAY |
CITY |
NEW YORK |
STATE |
New York |
ZIP/POSTAL CODE |
10013 |
COUNTRY |
United States |
PHONE |
212-468-5483 |
FAX |
212-504-0888 |
EMAIL |
jgm@moas.com;trademark.desk@moas.com |
AUTHORIZED EMAIL COMMUNICATION |
Yes |
SIGNATURE SECTION |
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 |
212-468-5483 |
DATE SIGNED |
02/12/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Feb 11 21:34:23 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20190211213423225032-878
83275-62074d99efc2cc1741f
20f26ece8d769b1a84bf663dd
921a142621ed2d48efc-N/A-N
/A-20190211201023236841 |
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.
87883275 FASHION(Standard Characters, see http://uspto.report/TM/87883275/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 015 for Musical instruments, namely, percussion instruments, stringed musical instruments, woodwind musical instruments, and electronic musical instruments; cases for musical
instruments
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[ Canada application number __________ filed 10/23/2017]. 15 U.S.C.Section 1126(d), as
amended.
Proposed: Class 015 for Musical instruments, namely, percussion instruments, stringed musical instruments, woodwind musical instruments, and electronic musical instruments; cases for musical
instruments
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 [ Canada application number 1864147 filed 10/23/2017]. 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 and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
JONATHAN G. MORTON
MORTON & ASSOCIATES LLP
246 WEST BROADWAY
NEW YORK
New York
US
10013
Proposed:
JONATHAN G. MORTON of MORTON & ASSOCIATES LLP, having an address of
246 WEST BROADWAY NEW YORK, New York 10013
United States
jgm@moas.com;trademark.desk@moas.com
212-468-5483
212-504-0888
The docket/reference number is 10371/2018 .
ADDITIONAL STATEMENTS
Miscellaneous Statement
The foreign application has yet to mature into registration. Applicant, therefore, is requesting that the subject application be suspended.
SIGNATURE(S)
Response Signature
Signature: /Jonathan G. Morton/ Date: 02/12/2019
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 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.
Mailing Address: JONATHAN G. MORTON
MORTON & ASSOCIATES LLP
246 WEST BROADWAY
NEW YORK, New York 10013
Serial Number: 87883275
Internet Transmission Date: Mon Feb 11 21:34:23 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190211213423
225032-87883275-62074d99efc2cc1741f20f26
ece8d769b1a84bf663dd921a142621ed2d48efc-
N/A-N/A-20190211201023236841