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. 88030502  (Stylized and/or with Design, see http://uspto.report/TM/88030502/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 025 for Articles of clothing; sportswear; wrist sweat bands; leisurewear; swimwear; gloves and mittens; belts; aprons; headwear; neckwear; bandanas and scarves; footwear; shoes; trainers; insoles for shoes and trainers; shoe inserts for non-orthopedic purposes; cleats for attachment to sports shoes; socks
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 006421077 registered 12/04/2008 with a renewal date of 11/07/2017 and an expiration date of 11/09/2027 ], 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: Articles of clothing; Articles of clothing, namely t-shirts, shorts, shirts, pants, dresses, skirts, sweaters, pullovers, jackets, underwear, coats, and knitwear; sportswear; Sportswear, namely, jerseys, caps, athletic pants, athletic shorts, athletic jackets, athletic shoes, and athletic shirts; wrist sweat bands; Wrist sweat bands as clothing; leisurewear; Leisurewear, namely, robes, track suits, leisure suits, loungewear, sweatpants, sweatshirts, night gowns, and pajamas; Swimwear; Gloves and mittens; Belts; Aprons; Headwear; Neckwear; Bandanas and scarves; Footwear; Shoes; trainers; Trainers, namely training shoes; Insoles for shoes and trainers; shoe inserts for non-orthopedic purposes; Shoe inserts for primarily non-orthopedic purposes; Cleats for attachment to sports shoes; socks; Socks.Class 025 for Articles of clothing, namely t-shirts, shorts, shirts, pants, dresses, skirts, sweaters, pullovers, jackets, underwear, coats, and knitwear; Sportswear, namely, jerseys, caps, athletic pants, athletic shorts, athletic jackets, athletic shoes, and athletic shirts; Wrist sweat bands as clothing; Leisurewear, namely, robes, track suits, leisure suits, loungewear, sweatpants, sweatshirts, night gowns, and pajamas; Swimwear; Gloves and mittens; Belts; Aprons; Headwear; Neckwear; Bandanas and scarves; Footwear; Shoes; Trainers, namely training shoes; Insoles for shoes and trainers; Shoe inserts for primarily non-orthopedic purposes; Cleats for attachment to sports shoes; Socks.
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(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 006421077 registered 12/04/2008 with a renewal date of 11/07/2017 and an expiration date of 11/09/2027 ], 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)
Response Signature
Signature: /Catherine Parrish Lake/     Date: 04/20/2019
Signatory's Name: Catherine Parrish Lake
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: (801) 328-3131

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: 88030502
Internet Transmission Date: Sat Apr 20 13:48:25 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904201348253
64734-88030502-620662a25e5b56c9dbdbbbafa
cf2b43696e5e1c1e25fcd4dd4efed21ca0db5f4c
-N/A-N/A-20190420134459722750