TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88075739 BTS (Stylized and/or with Design, see http://uspto.report/TM/88075739/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Korea, South registration number 40-1509259 registered 08/12/2019, with a renewal date of __________ and an expiration date of 08/12/2029, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_144121130114-071252021_._BTS__STYLIZED__-_Class_9_-_Korean_Certificate.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Goggles, namely, swim goggles, diving goggles, snow goggles, safety goggles and goggles for sports; emergency and rescue apparatus, namely, fire-resistant child carriers, oxygen breathing units; batteries and battery chargers; apparatus for broadcasting, recording, transmission or reproduction of sound, data or images; CDs, namely, blank CDs and pre-recorded CDs featuring music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; DVDs, namely, blank DVDs and pre-recorded DVDs featuring music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; downloadable multimedia files containing artwork, text, audio, video, games, and Internet Web links relating to music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; mounting devices for cameras and monitors; protective industrial shoes; physical and chemical laboratory apparatus and instruments, namely, centrifuges, scientific instrumentation for measuring concentrations of chemicals in water, chemical vapor deposition apparatus for use in research; range finders for golf; Sunglasses; eyeglasses; swimming face masks; electrified fences; electricity measuring apparatus and instruments, namely, voltmeters, ampermeters and multimeters; electronic cables; blank record disks; electronic apparatus and instruments for recording and reproducing music, namely, audio and video recorders, processors, players, transmitters and receivers; covers for smartphones; computer programs and software recorded computer game software; downloadable game programs, provided from online; downloadable smart phone application software for use in database management, for use in electronic storage of data, for mobile games, for the recording, transmission and playback of music, sound and video, for accessing and managing entertainment databases over global networks; computer hardware and computer peripheral devices; integrated circuit chips for use in smart cards video game cartridges and cassettes; helmets, namely, motorcycle helmet, safety helmet, football helmet, and safety helmets; protective suits against accident or injury; phonograph records featuring music; downloadable music files; DVD featuring music and music performances; downloadable digital video recordings featuring music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; electronic coupons downloaded from a global computer network; recorded animated cartoons on prerecorded CDs and DVDs; electronic publications, downloadable in the nature of books, magazines, newsletters, brochures and manuals featuring music, dance, entertainment, musical bands, musical videos, movies, culture, and current events recorded on computer media
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Korea, South application number 40-2018-0095 filed 07/11/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for Goggles, namely, swim goggles, diving goggles, snow goggles, safety goggles and goggles for sports; emergency and rescue apparatus, namely, fire-resistant child carriers, oxygen breathing units; batteries and battery chargers; apparatus for broadcasting, recording, transmission or reproduction of sound, data or images; CDs, namely, blank CDs and pre-recorded CDs featuring music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; DVDs, namely, blank DVDs and pre-recorded DVDs featuring music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; downloadable multimedia files containing artwork, text, audio, video, games, and Internet Web links relating to music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; mounting devices for cameras and monitors; protective industrial shoes; physical and chemical laboratory apparatus and instruments, namely, centrifuges, scientific instrumentation for measuring concentrations of chemicals in water, chemical vapor deposition apparatus for use in research; range finders for golf; Sunglasses; eyeglasses; swimming face masks; electrified fences; electricity measuring apparatus and instruments, namely, voltmeters, ampermeters and multimeters; electronic cables; blank record disks; electronic apparatus and instruments for recording and reproducing music, namely, audio and video recorders, processors, players, transmitters and receivers; covers for smartphones; computer programs and software recorded computer game software; downloadable game programs, provided from online; downloadable smart phone application software for use in database management, for use in electronic storage of data, for mobile games, for the recording, transmission and playback of music, sound and video, for accessing and managing entertainment databases over global networks; computer hardware and computer peripheral devices; integrated circuit chips for use in smart cards video game cartridges and cassettes; helmets, namely, motorcycle helmet, safety helmet, football helmet, and safety helmets; protective suits against accident or injury; phonograph records featuring music; downloadable music files; DVD featuring music and music performances; downloadable digital video recordings featuring music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; electronic coupons downloaded from a global computer network; recorded animated cartoons on prerecorded CDs and DVDs; electronic publications, downloadable in the nature of books, magazines, newsletters, brochures and manuals featuring music, dance, entertainment, musical bands, musical videos, movies, culture, and current events recorded on computer media
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Korea, South application number 40-2018-0095 filed 07/11/2018]. 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.


The applicant's current attorney information: Richard Y. Kim. Other appointed attorneys are Richard Y. Kim. Richard Y. Kim of MCDERMOTT WILL & EMERY LLP, and the attorney(s) is located at

      THE MCDERMOTT BUILDING
      500 NORTH CAPITOL STREET, N.W.
      WASHINGTON, District of Columbia
      US
The docket/reference number is 076449-0129.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is washington_ip_docket@mwe.com

The applicants proposed attorney information: Richard Y. Kim. Other appointed attorneys are all others. Richard Y. Kim of MCDERMOTT WILL & EMERY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      THE MCDERMOTT BUILDING
      500 NORTH CAPITOL STREET, N.W.
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 076449-0129.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is IPDocketWashington@mwe.com

Richard Y. Kim submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: RICHARD Y. KIM. Other appointed attorneys are Richard Y. Kim. RICHARD Y. KIM of MCDERMOTT WILL & EMERY LLP, and the attorney(s) is located at

      THE MCDERMOTT BUILDING
      500 NORTH CAPITOL STREET, N.W.
      WASHINGTON, District of Columbia
      US
The docket/reference number is 076449-0129.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is washington_ip_docket@mwe.com; rkim@mwe.com

The applicants proposed correspondence information: Richard Y. Kim. Richard Y. Kim of MCDERMOTT WILL & EMERY LLP, is located at

      THE MCDERMOTT BUILDING
      500 NORTH CAPITOL STREET, N.W.
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 076449-0129.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is IPDocketWashington@mwe.com; rkim@mwe.com

Response Suspension Inquiry Signature
Signature: /Richard Y. Kim/     Date: 12/05/2019
Signatory's Name: Richard Y. Kim
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202.756.8000

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    RICHARD Y. KIM
   MCDERMOTT WILL & EMERY LLP
   THE MCDERMOTT BUILDING
   500 NORTH CAPITOL STREET, N.W.
   WASHINGTON, District of Columbia
Mailing Address:    Richard Y. Kim
   MCDERMOTT WILL & EMERY LLP
   THE MCDERMOTT BUILDING
   500 NORTH CAPITOL STREET, N.W.
   WASHINGTON, District of Columbia 20001
        
Serial Number: 88075739
Internet Transmission Date: Thu Dec 05 07:24:35 EST 2019
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XXX-20191205072435
715683-88075739-700cadfd54323f1fe1696828
9926c57868354f3e6ddd12b2e215b7063c46b36a
e-N/A-N/A-20191205071252021887