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 |
87933163 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK |
http://uspto.report/TM/87933163/mark.png |
LITERAL ELEMENT |
REPRESENT |
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. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
JPG FILE(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\879\331\87933163\xml7\ ROA0012.JPG |
ORIGINAL PDF FILE |
evi_381047662-20190313224555553283_._Section_2_d__Arguments.pdf |
CONVERTED PDF FILE(S)
(8 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0009.JPG |
ORIGINAL PDF FILE |
evi_381047662-20190313224555553283_._Exhibit_A.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0011.JPG |
ORIGINAL PDF FILE |
evi_381047662-20190313224555553283_._EXHIBIT_C.pdf |
CONVERTED PDF FILE(S)
(17 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0013.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0014.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0015.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0016.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0017.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0018.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0019.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0020.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0021.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0022.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0023.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0024.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0025.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0026.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0027.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0028.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0029.JPG |
DESCRIPTION OF EVIDENCE FILE |
arguments and evidence addressing the Section 2(d) refusal |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
(Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Perfumery; fragrance; aftershave; cologne; cosmetics;
beauty care products; skin care products |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003272580 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/20/2018 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
(Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Perfumery;
Perfumery; fragrance; aftershave; cologne; cosmetics;
beauty care products; beauty care products, namely, beauty care cosmetics, beauty creams, beauty serums; skin care products; skin care products, namely, non-medicated skin care preparations, moisturizing creams and lotions for the face and body,
cosmetic preparations for skin care, non-medicated skin care creams and lotions. |
FINAL DESCRIPTION |
Perfumery; fragrance; aftershave; cologne; cosmetics; beauty care products, namely, beauty care cosmetics, beauty creams, beauty
serums; skin care products, namely, non-medicated skin care preparations, moisturizing creams and lotions for the face and body, cosmetic preparations for skin care, non-medicated skin care creams
and lotions. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003272580 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/20/2018 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
(Based on 44(d) Priority Application) (Based on Intent to Use) Sunglasses; spectacles; cases and cords for sunglasses and spectacles;
goggles for sports; cases for the aforesaid; eye-glass frames and cords; spectacle frames; cases for phones, PDAs and portable electronic devices; speakers; portable speakers; earphones;
headphones |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
(Based on 44(d) Priority Application) (Based on Intent to Use) Sunglasses; Sunglasses; spectacles; cases and cords for sunglasses and spectacles; goggles for sports; cases for the aforesaid; cases for the aforesaid sports goggles; eye-glass frames and cords; spectacle frames; cases for phones, PDAs and portable electronic devices; cases for mobile phones, PDAs and
portable electronic devices in the nature of tablet computers, smartphones, MP3 players; speakers; audio speakers;
portable speakers; portable audio speakers; earphones; headphones; headphones. |
FINAL DESCRIPTION |
Sunglasses; spectacles; cases and cords for sunglasses and spectacles; goggles for sports; cases for the aforesaid sports goggles;
eye-glass frames and cords; spectacle frames; cases for mobile phones, PDAs and portable electronic devices in the nature of tablet computers, smartphones, MP3 players; audio speakers; portable audio
speakers; earphones; headphones. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003310864 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
08/10/2018 |
FOREIGN EXPIRATION DATE |
05/15/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-381047662-224555553_._UKIPO_Registration_Certificate_REPRESENT_-_IC_9.PDF |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\879\331\87933163\xml7\ROA0030.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (014)(current) |
INTERNATIONAL CLASS |
014 |
DESCRIPTION |
(Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Watches; jewellery; cuff links; tie pins, bars and
clasps made predominantly of precious metals; key fobs, holders and rings made predominantly of precious metals; lapel pins made predominantly of precious metals |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003272580 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/20/2018 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
GOODS AND/OR SERVICES SECTION (014)(proposed) |
INTERNATIONAL CLASS |
014 |
TRACKED TEXT DESCRIPTION |
(Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Watches;
Watches; jewellery; cuff links; tie pins, bars and clasps made predominantly of
precious metals; tie pins, bars and clasps being clips made predominantly of precious metals; key fobs, holders and rings
made predominantly of precious metals; decorative key fobs, holders and rings made predominantly of precious metals; lapel pins made predominantly of precious metals; lapel pins made predominantly of precious metals. |
FINAL DESCRIPTION |
Watches; jewellery; cuff links; tie pins, bars and clasps being clips made predominantly of precious metals; decorative key fobs,
holders and rings made predominantly of precious metals; lapel pins made predominantly of precious metals. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003272580 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/20/2018 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
(Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Bags; backpacks; travel bags; handbags; luggage; brief
cases; leather folios, cases and bags; sports bags; holdalls; clutch bags; purses; wallets; umbrellas; parasols; belts |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003272580 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/20/2018 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
(Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Bags; Athletic, duffle, tote, bags; backpacks; travel bags; handbags; luggage; brief cases; briefcases; leather folios, cases and bags;
leather briefcase-type portfolios, cases and bags; sports bags; holdalls; clutch
bags; purses; wallets; umbrellas; parasols; belts; leather shoulder belts. |
FINAL DESCRIPTION |
Athletic, duffle, tote, bags; backpacks; travel bags; handbags; luggage; briefcases; leather briefcase-type portfolios, cases and bags;
sports bags; holdalls; clutch bags; purses; wallets; umbrellas; parasols; leather shoulder belts. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003272580 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/20/2018 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
(Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Retail services connected with clothing, footwear,
headgear, clothing accessories, bags, backpacks, travel bags, handbags, luggage, brief cases, leather folios, cases and bags, sports bags, holdalls, clutch bags, purses, wallets, umbrellas, parasols,
cases, jewellery, watches, perfumery, cosmetics and fashion items and accessories |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003272580 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/20/2018 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
(Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Retail services
connected with clothing, footwear, headgear, clothing accessories, bags, backpacks, travel bags, handbags, luggage, brief cases, leather folios, cases and bags, sports bags, holdalls, clutch bags,
purses, wallets, umbrellas, parasols, cases, jewellery, watches, perfumery, cosmetics and fashion items and accessories; Retail store services featuring clothing,
footwear, headgear, clothing accessories, bags, backpacks, travel bags, handbags, luggage, brief cases, leather folios, cases and bags, sports bags, holdalls, clutch bags, purses, wallets, umbrellas,
parasols, cases, jewellery, watches, perfumery, cosmetics and fashion items and accessories. |
FINAL DESCRIPTION |
Retail store services featuring clothing, footwear, headgear, clothing accessories, bags, backpacks, travel bags, handbags, luggage,
brief cases, leather folios, cases and bags, sports bags, holdalls, clutch bags, purses, wallets, umbrellas, parasols, cases, jewellery, watches, perfumery, cosmetics and fashion items and
accessories. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
00003272580 |
FOREIGN APPLICATION COUNTRY |
United Kingdom |
FOREIGN FILING DATE |
11/23/2017 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00003272580 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
04/20/2018 |
FOREIGN EXPIRATION DATE |
11/23/2027 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Bess Morgan/ |
SIGNATORY'S NAME |
Bess Morgan |
SIGNATORY'S POSITION |
Attorney of Record, CA and TN Bar Member |
DATE SIGNED |
03/13/2019 |
RESPONSE SIGNATURE |
/Bess Morgan/ |
SIGNATORY'S NAME |
Bess Morgan |
SIGNATORY'S POSITION |
Attorney of Record, CA and TN Bar Member |
DATE SIGNED |
03/13/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Mar 13 23:04:41 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
190313230441931309-879331
63-6209def4281ee7a711b391
75b6c349b3679ca26c2ad3ac0
e5ac19bcd348bac6d727-N/A-
N/A-20190313224555553283 |
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.
87933163 REPRESENT(Standard Characters, see http://uspto.report/TM/87933163/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of arguments and evidence addressing the Section 2(d) refusal has been attached.
JPG file(s):
Evidence-1
Original PDF file:
evi_381047662-20190313224555553283_._Section_2_d__Arguments.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_381047662-20190313224555553283_._Exhibit_A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_381047662-20190313224555553283_._EXHIBIT_C.pdf
Converted PDF file(s) ( 17 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for (Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Perfumery; fragrance; aftershave; cologne; cosmetics; beauty care products; skin care
products
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.
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[ United Kingdom application number 00003272580 filed 11/23/2017]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003272580 registered
04/20/2018 with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: (Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Perfumery;
Perfumery;
fragrance;
aftershave;
cologne;
cosmetics;
beauty care products;
beauty care products, namely, beauty care cosmetics, beauty creams, beauty serums;
skin care
products;
skin care products, namely, non-medicated skin care preparations, moisturizing creams and lotions for the face and body, cosmetic preparations for
skin care, non-medicated skin care creams and lotions.Class 003 for Perfumery; fragrance; aftershave; cologne; cosmetics; beauty care products, namely, beauty care cosmetics, beauty creams,
beauty serums; skin care products, namely, non-medicated skin care preparations, moisturizing creams and lotions for the face and body, cosmetic preparations for skin care, non-medicated skin care
creams and lotions.
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.
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 [ United Kingdom application number 00003272580 filed 11/23/2017]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003272580 registered
04/20/2018 with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for (Based on 44(d) Priority Application) (Based on Intent to Use) Sunglasses; spectacles; cases and cords for sunglasses and spectacles; goggles for sports; cases for the
aforesaid; eye-glass frames and cords; spectacle frames; cases for phones, PDAs and portable electronic devices; speakers; portable speakers; earphones; headphones
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.
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[ United Kingdom application number 00003272580 filed 11/23/2017]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered
__________ with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: (Based on 44(d) Priority Application) (Based on Intent to Use) Sunglasses;
Sunglasses;
spectacles;
cases and cords for sunglasses and spectacles;
goggles for sports;
cases for
the aforesaid;
cases for the aforesaid sports goggles;
eye-glass frames and cords;
spectacle frames;
cases for phones, PDAs and portable electronic devices;
cases for mobile phones, PDAs and portable electronic devices in the
nature of tablet computers, smartphones, MP3 players;
speakers;
audio speakers;
portable speakers;
portable audio speakers;
earphones;
headphones;
headphones.Class 009 for Sunglasses; spectacles; cases and cords for sunglasses and spectacles; goggles for sports; cases for the aforesaid sports goggles; eye-glass
frames and cords; spectacle frames; cases for mobile phones, PDAs and portable electronic devices in the nature of tablet computers, smartphones, MP3 players; audio speakers; portable audio speakers;
earphones; headphones.
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.
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 [ United Kingdom application number 00003272580 filed 11/23/2017]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003310864 registered
08/10/2018 with a renewal date of __________ and an expiration date of 05/15/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-381047662-224555553_._UKIPO_Registration_Certificate_REPRESENT_-_IC_9.PDF
Converted PDF file(s) ( 1 page)
Foreign Registration-1
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for (Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Watches; jewellery; cuff links; tie pins, bars and clasps made predominantly of precious
metals; key fobs, holders and rings made predominantly of precious metals; lapel pins made predominantly of precious metals
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.
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[ United Kingdom application number 00003272580 filed 11/23/2017]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003272580 registered
04/20/2018 with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: (Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Watches;
Watches;
jewellery;
cuff links;
tie pins, bars and clasps made predominantly of precious metals;
tie pins, bars and clasps being clips made predominantly of precious metals;
key fobs, holders and rings made predominantly of
precious metals;
decorative key fobs, holders and rings made predominantly of precious metals;
lapel pins made
predominantly of precious metals;
lapel pins made predominantly of precious metals.Class 014 for Watches; jewellery; cuff links; tie pins, bars and clasps
being clips made predominantly of precious metals; decorative key fobs, holders and rings made predominantly of precious metals; lapel pins made predominantly of precious metals.
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.
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 [ United Kingdom application number 00003272580 filed 11/23/2017]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003272580 registered
04/20/2018 with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or 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 (Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Bags; backpacks; travel bags; handbags; luggage; brief cases; leather folios, cases and
bags; sports bags; holdalls; clutch bags; purses; wallets; umbrellas; parasols; belts
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.
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[ United Kingdom application number 00003272580 filed 11/23/2017]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003272580 registered
04/20/2018 with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: (Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Bags;
Athletic,
duffle, tote, bags;
backpacks;
travel bags;
handbags;
luggage;
brief cases;
briefcases;
leather folios, cases and bags;
leather
briefcase-type portfolios, cases and bags;
sports bags;
holdalls;
clutch bags;
purses;
wallets;
umbrellas;
parasols;
belts;
leather shoulder belts.Class 018 for Athletic, duffle, tote, bags; backpacks; travel bags; handbags; luggage; briefcases; leather briefcase-type portfolios, cases and bags; sports
bags; holdalls; clutch bags; purses; wallets; umbrellas; parasols; leather shoulder belts.
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.
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 [ United Kingdom application number 00003272580 filed 11/23/2017]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003272580 registered
04/20/2018 with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for (Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Retail services connected with clothing, footwear, headgear, clothing accessories, bags,
backpacks, travel bags, handbags, luggage, brief cases, leather folios, cases and bags, sports bags, holdalls, clutch bags, purses, wallets, umbrellas, parasols, cases, jewellery, watches, perfumery,
cosmetics and fashion items and accessories
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.
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[ United Kingdom application number 00003272580 filed 11/23/2017]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003272580 registered
04/20/2018 with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: (Based on 44(e)) (Based on 44(d) Priority Application) (Based on Intent to Use) Retail services connected with clothing, footwear,
headgear, clothing accessories, bags, backpacks, travel bags, handbags, luggage, brief cases, leather folios, cases and bags, sports bags, holdalls, clutch bags, purses, wallets, umbrellas, parasols,
cases, jewellery, watches, perfumery, cosmetics and fashion items and accessories;
Retail store services featuring clothing, footwear, headgear, clothing
accessories, bags, backpacks, travel bags, handbags, luggage, brief cases, leather folios, cases and bags, sports bags, holdalls, clutch bags, purses, wallets, umbrellas, parasols, cases, jewellery,
watches, perfumery, cosmetics and fashion items and accessories.Class 035 for Retail store services featuring clothing, footwear, headgear, clothing accessories, bags, backpacks, travel bags,
handbags, luggage, brief cases, leather folios, cases and bags, sports bags, holdalls, clutch bags, purses, wallets, umbrellas, parasols, cases, jewellery, watches, perfumery, cosmetics and fashion
items and accessories.
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.
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 [ United Kingdom application number 00003272580 filed 11/23/2017]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 00003272580 registered
04/20/2018 with a renewal date of __________ and an expiration date of 11/23/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
SIGNATURE(S)
Declaration Signature
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.
Signature: /Bess Morgan/ Date: 03/13/2019
Signatory's Name: Bess Morgan
Signatory's Position: Attorney of Record, CA and TN Bar Member
Response Signature
Signature: /Bess Morgan/ Date: 03/13/2019
Signatory's Name: Bess Morgan
Signatory's Position: Attorney of Record, CA and TN Bar Member
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.
Serial Number: 87933163
Internet Transmission Date: Wed Mar 13 23:04:41 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190313230441931
309-87933163-6209def4281ee7a711b39175b6c
349b3679ca26c2ad3ac0e5ac19bcd348bac6d727
-N/A-N/A-20190313224555553283