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. 88083708 TK (Stylized and/or with Design, see http://uspto.report/TM/88083708/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: TK (Stylized and/or with Design, see http://uspto.report/TM/88083708/mark.png)
Proposed: TK (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the letters "T" and "K" in a shield design with a three point crown above.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing for men, women and children, namely, shirts, pants, jeans, skirts, t-shirts, tank tops, sweat shirts, sweat pants, sweat suits, hoodie, underwear, shorts, bathing suits, cardigans, sweaters, scarves, neck warmer, gloves, mittens, belts, suspenders, socks, hosiery, headgear, namely, hats, caps, tuques, hoods, visors, headbands ; clothing for gymnastics, namely, leotards, tights, gymnastic trunks, gymnastic pants, gymnastic tops, gymnastic shirts, gymnastic outfits; footwear, namely, leather shoes, sports shoes, running shoes, gymnastic shoes, fabric shoes, boots for sports, sandals, flip-flops
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 1907929 filed 07/05/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Clothing for men, women and children, namely, shirts, pants, jeans, skirts, t-shirts, tank tops, sweat shirts, sweat pants, sweat suits, hoodie, underwear, shorts, bathing suits, cardigans, sweaters, scarves, neck warmer, gloves, mittens, belts, suspenders, socks, hosiery, headgear, namely, hats, caps, tuques, hoods, visors, headbands; Clothing for men, women and children, namely, shirts, pants, jeans, skirts, t-shirts, tank tops, sweat shirts, sweat pants, sweat suits, hoodie, underwear, shorts, bathing suits, cardigans, sweaters, scarves, neck warmer, gloves, mittens, belts, suspenders, socks, hosiery, headwear, namely, hats, caps, tuques, hoods, visors, headbands; clothing for gymnastics, namely, leotards, tights, gymnastic trunks, gymnastic pants, gymnastic tops, gymnastic shirts, gymnastic outfits; footwear, namely, leather shoes, sports shoes, running shoes, gymnastic shoes, fabric shoes, boots for sports, sandals, flip-flopsClass 025 for Clothing for men, women and children, namely, shirts, pants, jeans, skirts, t-shirts, tank tops, sweat shirts, sweat pants, sweat suits, hoodie, underwear, shorts, bathing suits, cardigans, sweaters, scarves, neck warmer, gloves, mittens, belts, suspenders, socks, hosiery, headwear, namely, hats, caps, tuques, hoods, visors, headbands ; clothing for gymnastics, namely, leotards, tights, gymnastic trunks, gymnastic pants, gymnastic tops, gymnastic shirts, gymnastic outfits; footwear, namely, leather shoes, sports shoes, running shoes, gymnastic shoes, fabric shoes, boots for sports, sandals, flip-flops
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 1907929 filed 07/05/2018]. 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)
Response Signature
Signature: /rsk/     Date: 12/24/2018
Signatory's Name: R. Scott Keller
Signatory's Position: attorney, MI bar

Signatory's Phone Number: 6167522479

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: 88083708
Internet Transmission Date: Mon Dec 24 12:34:04 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201812241234041907
13-88083708-620df559f6d7c8a2d8ce95911747
9ce1ead8083595ac491f7ff72596d218a806d-N/
A-N/A-20181224122839007721