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. 88108752 MNY (Stylized and/or with Design, see http://uspto.report/TM/88108752/mark.png) has been amended as follows:

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

Please see the attached.

EVIDENCE
Evidence in the nature of Response to Office Action has been attached.
Original PDF file:
evi_381125138-20190128123231748589_._Response_to_Office_Action_-_MNY-2.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_381125138-20190128123231748589_._Petition_for_Cancellation.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

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 and women, namely, coats, jackets, overcoats, raincoats, anoraks, parkas, blazers, jackets, athletic jackets, cardigans, suits, vests, dresses, skirts, pants, jeans, jumpsuits, jogging suits, athletic pants, sweatpants, shorts, rompers, culottes, shirts, sweaters, jerseys, blouses, sweatshirts, t-shirts, tops, knit tops, tank tops, pullovers, bodysuits, leggings, socks, head wear, hats, caps as headwear, hoods, head bands, scarves, shawls, gloves, mittens, belts, sashes, shoes, footwear, boots, athletic shoes, athletic footwear, sandals, sports bras, stretch pants, swimwear; Sports caps and hats, Athletic tops and bottoms for runners, yoga, sports activities
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 and women, namely, coats, jackets, overcoats, raincoats, anoraks, parkas, blazers, jackets, athletic jackets, cardigans, suits, vests, dresses, skirts, pants, jeans, jumpsuits, jogging suits, athletic pants, sweatpants, shorts, rompers, culottes, shirts, sweaters, jerseys, blouses, sweatshirts, t-shirts, tops, knit tops, tank tops, pullovers, bodysuits, leggings, socks, head wear, hats, caps as headwear, hoods, head bands, scarves, shawls, gloves, mittens, belts, sashes, shoes, footwear, boots, athletic shoes, athletic footwear, sandals, sports bras, stretch pants, swimwear; Clothing for men and women, namely, coats, jackets, overcoats, raincoats, anoraks, parkas, blazers, athletic jackets, cardigans, suits, vests, dresses, skirts, pants, jeans, jumpsuits, jogging suits, athletic pants, sweatpants, shorts, rompers, culottes, shirts, sweaters, jerseys, blouses, sweatshirts, t-shirts, tops, knit tops, tank tops, pullovers, bodysuits, leggings, socks, head wear, hats, caps as headwear, hoods, head bands, scarves, shawls, gloves, mittens, belts, sashes, shoes, footwear, boots, athletic shoes, athletic footwear, sandals, sports bras, stretch pants, swimwear; Sports caps and hats, Athletic tops and bottoms for runners, yoga, sports activitiesClass 025 for Clothing for men and women, namely, coats, jackets, overcoats, raincoats, anoraks, parkas, blazers, athletic jackets, cardigans, suits, vests, dresses, skirts, pants, jeans, jumpsuits, jogging suits, athletic pants, sweatpants, shorts, rompers, culottes, shirts, sweaters, jerseys, blouses, sweatshirts, t-shirts, tops, knit tops, tank tops, pullovers, bodysuits, leggings, socks, head wear, hats, caps as headwear, hoods, head bands, scarves, shawls, gloves, mittens, belts, sashes, shoes, footwear, boots, athletic shoes, athletic footwear, sandals, sports bras, stretch pants, swimwear; Sports caps and hats, Athletic tops and bottoms for runners, yoga, sports activities
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.

SIGNATURE(S)
Response Signature
Signature: /Brooke Erdos Singer/     Date: 01/28/2019
Signatory's Name: Brooke Erdos Singer
Signatory's Position: Attorney of Record, New Jersey State Bar Member

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: 88108752
Internet Transmission Date: Mon Jan 28 12:36:52 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20190128123652116
695-88108752-620eeccc2e67dfa509c9b5353ee
e1321aa8d3dc317db4371155eb874b2e1ead-N/A
-N/A-20190128123231748589