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. 88058219 MIRAGE (Stylized and/or with Design, see http://uspto.report/TM/88058219/mark.png) has been amended as follows:

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

Applicant submits its arguments in response to the likelihood of confusion refusal in the attached evidence. 

EVIDENCE
Evidence in the nature of arguments in response to likelihood of confusion refusal. has been attached.
Original PDF file:
evi_2165511194-20190501102030197396_._ROA_MIRAGE.pdf
Converted PDF file(s) ( 18 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
Evidence-18

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Woven fabrics, knit fabrics; felt and non-woven textile fabrics; oilcloth; gummed waterproof cloth; vinyl coated cloth; rubberized cloth; personal articles of woven textile, namely, handkerchiefs and towels; mosquito nets; bed sheets; futon sheets and quilts; linen futon and quilts cases; pillowcases; bed blankets; table napkins of textile; dish cloths; shower curtains; cloth banners and flags; toilet seat covers of textile; seat covers of textile; wall hangings of textile; curtains; table cloth; draperies; billiard cloth ; labels of cloth; comforters; bed pads, pillow shams, quilts, quilts cases; futon mattress cover bags; bed and table covers made of cloth
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.

Proposed:
Tracked Text Description: Woven fabrics, knit fabrics; felt and non-woven textile fabrics; oilcloth; gummed waterproof cloth; vinyl coated cloth; vinyl and cloth textiles for use in the manufacture of clothing; rubberized cloth; personal articles of woven textile, namely, handkerchiefs and towels; personal articles of woven fabrics of nylon, cotton, basalt for textile use, namely, handkerchiefs and towels; mosquito nets; bed sheets; futon sheets and quilts; linen futon and quilts cases; unfitted linen futon and quilts covers not of paper; pillowcases; bed blankets; table napkins of textile; dish cloths; shower curtains; cloth banners and flags; toilet seat covers of textile; fitted toilet seat covers of textile; seat covers of textile; unfitted seat covers of textile; wall hangings of textile; curtains; table cloth; table cloth of textile; draperies; billiard cloth; labels of cloth; comforters; bed pads, pillow shams, quilts, quilts cases; bed pads, pillow shams, quilts, quilts covers; futon mattress cover bags; futon mattress covers; bed and table covers made of clothClass 024 for Woven fabrics, knit fabrics; felt and non-woven textile fabrics; oilcloth; gummed waterproof cloth; vinyl and cloth textiles for use in the manufacture of clothing; rubberized cloth; personal articles of woven fabrics of nylon, cotton, basalt for textile use, namely, handkerchiefs and towels; mosquito nets; bed sheets; futon sheets and quilts; unfitted linen futon and quilts covers not of paper; pillowcases; bed blankets; table napkins of textile; dish cloths; shower curtains; cloth banners and flags; fitted toilet seat covers of textile; unfitted seat covers of textile; wall hangings of textile; curtains; table cloth of textile; draperies; billiard cloth; labels of cloth; comforters; bed pads, pillow shams, quilts, quilts covers; futon mattress covers; bed and table covers made of cloth
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing for men, women and children, namely, coats, jackets, pants, skirts, dresses, suits, shirts, t-shirts, sweaters, underwear, socks, stockings, gloves, ties, scarves, hats, pajamas, slippers, vests, uniforms, belts, shoes, caps, swimsuits, boots, footwear; headgear, namely, hats and caps; athletic clothing, namely, warm-up jackets and warm-up pants; dress clothing, namely, tuxedos and tuxedo shirts; and casual clothing, namely, sweatpants
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.

Proposed:
Tracked Text Description: Clothing for men, women and children, namely, coats, jackets, pants, skirts, dresses, suits, shirts, t-shirts, sweaters, underwear, socks, stockings, gloves, ties, scarves, hats, pajamas, slippers, vests, uniforms, belts, shoes, caps, swimsuits, boots, footwear; Clothing for men, women and children, namely, coats, jackets, pants, skirts, dresses, suits, shirts, t-shirts, sweaters, underwear, socks, stockings, gloves, ties as clothing, scarves, hats, pajamas, slippers, vests, uniforms, belts, caps being headwear; headgear, namely, hats and caps; headwear, namely, hats and caps; athletic clothing, namely, warm-up jackets and warm-up pants; dress clothing, namely, tuxedos and tuxedo shirts; Formalwear, namely, tuxedos and tuxedo shirts; and casual clothing, namely, sweatpants; casual clothing, namely, sweatpantsClass 025 for Clothing for men, women and children, namely, coats, jackets, pants, skirts, dresses, suits, shirts, t-shirts, sweaters, underwear, socks, stockings, gloves, ties as clothing, scarves, hats, pajamas, slippers, vests, uniforms, belts, caps being headwear; headwear, namely, hats and caps; athletic clothing, namely, warm-up jackets and warm-up pants; Formalwear, namely, tuxedos and tuxedo shirts; casual clothing, namely, sweatpants
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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word MIRAGE in stylized letters with a reflection of the wording featured below.

SIGNATURE(S)
Response Signature
Signature: /Kristine Bergman/     Date: 05/01/2019
Signatory's Name: Kristine A. Bergman
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 312-554-8000

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: 88058219
Internet Transmission Date: Wed May 01 10:27:58 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019050110275800
0577-88058219-620f14ddd80564b25854ea2e7c
6fb7a14b6e9b8352d01812eeb43f6f30fcd5e9c8
-N/A-N/A-20190501102030197396