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)

---

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. 88020457 WIX(Standard Characters, see http://uspto.report/TM/88020457/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see enclosed Argument

EVIDENCE
Evidence in the nature of Third-parth registration; dictionary reference has been attached.
Original PDF file:
evi_1001517321-20190214182742303312_._ARGUMENT_WIX.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_1001517321-20190214182742303312_._Urban_Dictionary__wix.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_1001517321-20190214182742303312_._WAX_AND_WIX.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for dish sponges, dish sponge refills, cellulose sponges, cellulose scrubbing sponges, dish mops, sponge scrubbers, scrubbers, scouring pads, scrubbing sponges, scourers, dustpans and whisks, scrubbing brushes, toilet brushes, magnetic dusters, magic dusters, microfiber all-purpose cloths, microfiber kitchen cloths, microfiber glass and mirror cloths, all-purpose cloths, window washers, microfiber chenille dusters, brooms with handles, broom heads, microfiber dust mops, microfiber chenille mops, cotton mops with handles, mop heads, broom handles, rubber gloves
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[ Canada application number 1905160 filed 06/19/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: dish sponges, dish sponge refills, cellulose sponges, cellulose scrubbing sponges, dish mops, sponge scrubbers, scrubbers, scouring pads, scrubbing sponges, scourers, dustpans and whisks, scrubbing brushes, toilet brushes, magnetic dusters, magic dusters, microfiber all-purpose cloths, microfiber kitchen cloths, microfiber glass and mirror cloths, all-purpose cloths, window washers, microfiber chenille dusters, brooms with handles, broom heads, microfiber dust mops, microfiber chenille mops, cotton mops with handles, mop heads, broom handles, rubber gloves; kitchen sponges; kitchen sponge refills; cellulose sponges for household purposes; cellulose scrubbing sponges; dish mops; sponge scrubbers in the nature of scrub sponges; scouring pads; scrubbing sponges; dustpans and whisks; scrubbing brushes; toilet brushes; magnetic dusters; magic dusters; microfiber all-purpose cloths for cleaning; microfiber kitchen cloths for cleaning; microfiber glass and mirror cloths for cleaning; all-purpose cleaning cloths; window-washing cloths; microfiber chenille dusters; brooms with handles; broom heads; microfiber dust mops; microfiber chenille mops; cotton mops with handles; mop heads, broom¶
handles; rubber household gloves, cleaning clothsClass 021 for kitchen sponges; kitchen sponge refills; cellulose sponges for household purposes; cellulose scrubbing sponges; dish mops; sponge scrubbers in the nature of scrub sponges; scouring pads; scrubbing sponges; dustpans and whisks; scrubbing brushes; toilet brushes; magnetic dusters; magic dusters; microfiber all-purpose cloths for cleaning; microfiber kitchen cloths for cleaning; microfiber glass and mirror cloths for cleaning; all-purpose cleaning cloths; window-washing cloths ; microfiber chenille dusters;brooms with handles; broom heads; microfiber dust mops; microfiber chenille mops; cotton mops with handles; mop heads, broom handles; rubber household gloves, cleaning cloths
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 [ Canada application number 1905160 filed 06/19/2018]. 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.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_1001517321-182742303_._Scanned_from_a_Xerox_Multifunction_Printer-5.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Will Dres
Signatory's Position: Executive Vice-President

Response Signature
Signature: /Janet F. Satterthwaite/     Date: 02/14/2019
Signatory's Name: Janet F. Satterthwaite
Signatory's Position: Attorney of Record DC/Va bar

Signatory's Phone Number: 202-486-1578

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: 88020457
Internet Transmission Date: Thu Feb 14 18:32:56 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019021418325698
4187-88020457-620510848265bfa6cdb41ad17f
c5f8a91f5c37722c96c985b888efe7ad6e8b5d-N
/A-N/A-20190214182742303312