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)

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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 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. 88075751 BTS (Stylized and/or with Design, see http://uspto.report/TM/88075751/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 1548173 registered 11/28/2019, with a renewal date of __________ and an expiration date of 11/28/2029, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_10831161143-094914537_ ._16_-_Korean_Registratio n_Certificate_and_English _Translation.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 016 for Adhesives for stationery and household use; stickers and sticker albums; paper design patterns; packing materials of paper or cardboard; typewriters; office requisites, namely, envelope sealing machines, franking machines, staplers excluding furniture; plastic materials for packaging, namely, plastic film, plastic sheets, and plastic bags; labels of paper or cardboard; flags and pennants of paper; disposable housebreaking pads of paper or cellulose for pets; fitted toilet lid covers of paper; paper tissues; school supplies, namely, stationery; passport cases; boxes of paper or cardboard; paper bags; paper covers for upholstery; graphic prints; printed matters, excluding books and periodicals, namely, newspapers, photographs, banners, and posters; graphic representations; paper for printing photographs; books, namely, books, scrapbooks, and flip books in the field of music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; printed publications, namely, brochures, booklets, newsletters and periodicals in the field of music, dance, entertainment, musical bands, musical videos, movies, culture, and current events
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:
Tracked Text Description: Adhesives for stationery and household use; stickers and sticker albums; paper design patterns; packing materials of paper or cardboard; typewriters; office requisites, namely, envelope sealing machines, franking machines, staplers excluding furniture; plastic materials for packaging, namely, plastic film, plastic sheets, and plastic bags; labels of paper or cardboard; flags and pennants of paper; disposable housebreaking pads of paper or cellulose for pets; fitted toilet lid covers of paper; paper tissues; school supplies, namely, stationery; passport cases; boxes of paper or cardboard; paper bags; paper covers for upholstery; graphic prints; printed matters, excluding books and periodicals, namely, newspapers, photographs, banners, and posters; printed matters, excluding books and periodicals, namely, newspapers, photographs, paper banners, and posters; graphic representations; paper for printing photographs; books, namely, books, scrapbooks, and flip books in the field of music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; books, namely, books, scrapbooks, and flip books in the fields of music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; printed publications, namely, brochures, booklets, newsletters and periodicals in the field of music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; printed publications namely, brochures, booklets, newsletters and periodicals in the fields of music, dance, entertainment, musical bands, musical videos, movies, culture, and current eventsClass 016 for Adhesives for stationery and household use; stickers and sticker albums; paper design patterns; packing materials of paper or cardboard; typewriters; office requisites, namely, envelope sealing machines, franking machines, staplers excluding furniture; plastic materials for packaging, namely, plastic film, plastic sheets, and plastic bags; labels of paper or cardboard; flags and pennants of paper; disposable housebreaking pads of paper or cellulose for pets; fitted toilet lid covers of paper; paper tissues; school supplies, namely, stationery; passport cases; boxes of paper or cardboard; paper bags; paper covers for upholstery; graphic prints; printed matters, excluding books and periodicals, namely, newspapers, photographs, paper banners, and posters; graphic representations; paper for printing photographs; books, namely, books, scrapbooks, and flip books in the fields of music, dance, entertainment, musical bands, musical videos, movies, culture, and current events; printed publications namely, brochures, booklets, newsletters and periodicals in the fields of music, dance, entertainment, musical bands, musical videos, movies, culture, and current events
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.


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: BigHit Entertainment Co., Ltd., a corporation of Korea, South, having an address of
      2F, 13-20, Dosan-daero 16-gil
      Gangnam-gu, Seoul,
      Korea, South
Proposed: BigHit Entertainment Co., Ltd., a corporation of Korea, South, having an address of
      2F, 13-20, Dosan-daero 16-gil
      Gangnam-gu, Seoul, 06040
      Korea, South
      Email Address: XXXX

The owner's/holder's current attorney 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
      United States
The docket/reference number is 076449-0130.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is washington_ip_docket@mwe.com

The owner's/holder's 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 076449-0130.

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.Correspondence Information (current):
      RICHARD Y. KIM
      PRIMARY EMAIL FOR CORRESPONDENCE: washington_ip_docket@mwe.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rkim@mwe.com
Correspondence Information (proposed):
      Richard Y. Kim
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocketWashington@mwe.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rkim@mwe.com

The docket/reference number is 076449-0130.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /Richard Y. Kim/    Date: 03/25/2020
Signatory's Name: Richard Y. Kim
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202.756.8000

Response Suspension Inquiry Signature
Signature: /Richard Y. Kim/     Date: 03/25/2020
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: 88075751
Internet Transmission Date: Wed Mar 25 10:06:00 ET 2020
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.XXX-202003251006000
44014-88075751-710c174ba2eb835a1fbed5728
375c112325c58d623998a5d1dfe1a2d6e37b7f65
b8-N/A-N/A-20200325094914537899