Response to Office Action

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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88009568 GAMADECOR (Stylized and/or with Design, see http://uspto.report/TM/88009568/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 011 for Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; bath tubs; bidets; Wash-hand basins, being parts of sanitary installations; Heaters for baths; Toilet seats; range hoods; electrically heated towel racks
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2010 and first used in commerce at least as early as 12/31/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating; bath tubs; bidets; Wash-hand basins, being parts of sanitary installations; Toilet seats; Heaters for baths; range hoods; electrically heated towel racksClass 011 for Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating; bath tubs; Wash-hand basins, being parts of sanitary installations; Toilet seats
Deleted Filing Basis: 1(a)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Spain registration number 002098465 registered 06/14/2002 with a renewal date of 01/09/2011 and an expiration date of 02/20/2021 ], 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:
FRU0-21621119458-123726340_._1533627.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Original PDF file:
FRU0-21621119458-134651168_._2018-124614__002_.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 020 for Bathroom furniture, namely, mirrors, frames, electrically lighted mirrors, cabinets, curtain rods, plastic hooks, bars for hanging towels and bathroom apparel, bathroom shelves; kitchen furniture, namely, cabinets, countertops, shelves, storage racks, kitchen islands; bedroom furniture, namely, wardrobes; closet accessories, namely, shoe racks, belt racks, clothes bars, sliding clothes rails, drawers, and dividers, therefor; prefabricated closet organization system made of wood; non-metal hanging closet organizers for shelves, top, bottom, purses, ties, belts; towel racks; metal sponge holder for household use; sponge holders
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2010 and first used in commerce at least as early as 12/31/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Bathroom furniture, namely, mirrors, frames, electrically lighted mirrors, cabinets, curtain rods, plastic hooks, bars for hanging towels and bathroom apparel, bathroom shelves; Bathroom furniture, namely, mirrors, mirror frames, electrically lighted mirrors, medicine cabinets, shower curtain rods, plastic hooks, towel bars, closet accessories in the nature of bathroom clothes bars, bathroom shelves; kitchen furniture, namely, cabinets, countertops, shelves, storage racks, kitchen islands; kitchen furniture, namely, cabinets, shelves, storage racks, ready-to-assemble mobile kitchen islands; bedroom furniture, namely, wardrobes; closet accessories, namely, shoe racks, belt racks, clothes bars, sliding clothes rails, drawers, and dividers, therefor; prefabricated closet organization system made of wood; non-metal hanging closet organizers for shelves, top, bottom, purses, ties, belts; towel racks; metal sponge holder for household use; sponge holdersClass 020 for Bathroom furniture, namely, mirrors, mirror frames, electrically lighted mirrors, medicine cabinets, shower curtain rods, plastic hooks, towel bars, closet accessories in the nature of bathroom clothes bars, bathroom shelves; kitchen furniture, namely, cabinets, shelves, storage racks, ready-to-assemble mobile kitchen islands
Deleted Filing Basis: 1(a)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Spain registration number 002098465 registered 06/14/2002 with a renewal date of 01/09/2011 and an expiration date of 02/20/2021 ], 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:
FRU1-21621119458-134651168_._2018-124614__002_.PDF
Converted PDF file(s) ( 1 page)
Foreign Registration-1
Original PDF file:
FRU1-21621119458-134651168_._1533627.PDF
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Soap holders, Toilet paper racks, toilet paper dispenser, bathroom glass holders not of precious metal
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2010 and first used in commerce at least as early as 12/31/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Soap holders, Toilet paper racks, toilet paper dispenser, bathroom glass holders not of precious metal; Soap holders, Toilet paper holders in the form of racks, toilet paper dispenser; metal sponge holder for household use; sponge holdersClass 021 for Soap holders, Toilet paper holders in the form of racks, toilet paper dispenser; metal sponge holder for household use; sponge holders
Deleted Filing Basis: 1(a)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Spain registration number 002098465 registered 06/14/2002 with a renewal date of 01/09/2011 and an expiration date of 02/20/2021 ], 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:
FRU2-21621119458-134651168_._1533627.PDF
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Original PDF file:
FRU2-21621119458-134651168_._2018-124614__002_.PDF
Converted PDF file(s) ( 1 page)
Foreign Registration-1

ADDITIONAL STATEMENTS
Miscellaneous Statement
Registration was refused because the specimen was not acceptable. In response, applicant amended the basis to 44(e). Additionally, the goods have been amended to encompass the scope of the goods in the European registration.


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: /ELD/      Date: 04/10/2019
Signatory's Name: Elizabeth Lee D'Amore
Signatory's Position: Attorney for Applicant, New York Bar Member
Signatory's Phone Number: 2126618000


Response Signature
Signature: /ELD/     Date: 04/10/2019
Signatory's Name: Elizabeth Lee D'Amore
Signatory's Position: Attorney for Applicant, New York Bar Member

Signatory's Phone Number: 2126618000

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: 88009568
Internet Transmission Date: Wed Apr 10 15:03:21 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201904101503213
91273-88009568-62045b8c149b545a9f43101fb
2f3e6cd85681f845e8968f2e86d693221cb76ca1
-N/A-N/A-20190410134651168597