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. 88107087 BEACH BUMP(Standard Characters, see http://uspto.report/TM/88107087/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 Maternity clothing, namely, jeans, pants, shirts, tops, blouses, t-shirts, tank tops, camisoles, sweaters, dresses, blazers, shorts, skirts, jackets, coats, vests, loungewear, jumpers, sweat pants, yoga pants, sweat jackets, sleepwear, robes, bras, underwear, shapewear, namely, panties, shorts, camisoles, and tank tops, swimwear, swim and beach cover-ups, leggings, hosiery, tights, maternity garments, namely, elastic fabric band to be worn during and after pregnancy to retain unfastened prepregnancy pants and skirts or oversized maternity clothing; nursing apparel, namely, tops, shirts, t-shirts, tank tops, blouses, camisoles, dresses, bras, shapewear, namely, camisoles and tank tops, and sleepwear
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: Maternity clothing, namely, jeans, pants, shirts, tops, blouses, t-shirts, tank tops, camisoles, sweaters, dresses, blazers, shorts, skirts, jackets, coats, vests, loungewear, jumpers, sweat pants, yoga pants, sweat jackets, sleepwear, robes, bras, underwear, shapewear, namely, panties, shorts, camisoles, and tank tops, swimwear, swim and beach cover-ups, leggings, hosiery, tights, maternity garments, namely, elastic fabric band to be worn during and after pregnancy to retain unfastened prepregnancy pants and skirts or oversized maternity clothing; Maternity clothing, namely, jeans, pants, shirts, tops, blouses, t-shirts, tank tops, camisoles, sweaters, dresses, blazers, shorts, skirts, jackets, coats, vests, loungewear, jumpers, sweat pants, yoga pants, sweat jackets, sleepwear, robes, bras, underwear, shapewear in the nature of panties, shorts, camisoles, and tank tops; maternity clothing, namely, swimwear, swim and beach cover-ups, leggings, hosiery, and tights; maternity garments, namely, maternity bands in the nature of elastic fabric band to be worn during and after pregnancy to retain unfastened prepregnancy pants and skirts or oversized maternity clothing; nursing apparel, namely, tops, shirts, t-shirts, tank tops, blouses, camisoles, dresses, bras, shapewear, namely, camisoles and tank tops, and sleepwearClass 025 for Maternity clothing, namely, jeans, pants, shirts, tops, blouses, t-shirts, tank tops, camisoles, sweaters, dresses, blazers, shorts, skirts, jackets, coats, vests, loungewear, jumpers, sweat pants, yoga pants, sweat jackets, sleepwear, robes, bras, underwear, shapewear in the nature of panties, shorts, camisoles, and tank tops; maternity clothing, namely, swimwear, swim and beach cover-ups, leggings, hosiery, and tights; maternity garments, namely, maternity bands in the nature of elastic fabric band to be worn during and after pregnancy to retain unfastened prepregnancy pants and skirts or oversized maternity clothing; nursing apparel, namely, tops, shirts, t-shirts, tank tops, blouses, camisoles, dresses, bras, shapewear, namely, camisoles and tank tops, and sleepwear
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
Joseph V. Myers
Seyfarth Shaw LLP
1075 Peachtree Street NE
Suite 2500
Atlanta
Georgia
US
30309

Proposed:
Joseph V. Myers of Seyfarth Shaw LLP, having an address of
Suite 2500 1075 Peachtree Street NE Atlanta, Georgia 30309
United States
tmatlanta@seyfarth.com;ipdocketatlanta@seyfarth.com; dmtrademarks@seyfarth.com; vkeenan-yates@seyfarth.com
404-885-1500
404-892-7056



ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BEACH apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Becki C. Lee/     Date: 03/04/2019
Signatory's Name: Becki C. Lee
Signatory's Position: Attorney of record, Georgia bar member

Signatory's Phone Number: 404-855-1500

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.

Mailing Address:    Joseph V. Myers
   Seyfarth Shaw LLP
   Suite 2500
   1075 Peachtree Street NE
   Atlanta, Georgia 30309
        
Serial Number: 88107087
Internet Transmission Date: Mon Mar 04 15:20:44 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20190304152044394
930-88107087-620aaf0e1fee6c1fbe48878deae
759eb1cdca4eddb6381b784bf66128f31b29b5-N
/A-N/A-20190304113739838605