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


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88111576
LAW OFFICE ASSIGNEDLAW OFFICE 110
MARK SECTION (current)
MARK FILE NAME https://tmng-al.uspto.gov/resting2/api/img/88111576/large
LITERAL ELEMENT NO SHADE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of From left to right there is different shades of brown from lightest color to the darkest color in rectangle boxes on top of the boxes is the word No Shade.
MARK SECTION (proposed)
MARK FILE NAME\\TICRS\EXPORT17\IMAGEOUT 17\881\115\88111576\xml5\ ROA0002.JPG
LITERAL ELEMENT NO SHADE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)
The color(s) zinnwaldite, pale taupe, chamoisee, deer, dark gold, russet, royal brown, and black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of From left to right there is different shades of brown from lightest color to the darkest color in rectangle boxes on top of the boxes is the word No Shade.
PIXEL COUNT ACCEPTABLE NO
PIXEL COUNT 640 x 153
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\881\115\88111576\xml5\ ROA0003.JPG
       \\TICRS\EXPORT17\IMAGEOUT 17\881\115\88111576\xml5\ ROA0004.JPG
DESCRIPTION OF EVIDENCE FILEThe logo consist of two words NO SHADE color hex code #dabcaa. in between the N and O is a dot and also in between the S and H is a dot. The dots color hex code #dabcaa. Below the word NO SHADE there are 8 vertical rectangles rectangle 1 color hex code #dabcaa , rectangle 2 color hex code #b5917c , rectangle 3 color hex code #9c7761 , rectangle 4 color hex code #ac8457 , rectangle 5 color hex code #a46c35 , rectangle 6 color hex code #7d4921 , rectangle 7 color hex code #543e36 , rectangle 8 color hex code #000000 This is a digital photograph of the NO SHADE logo on a black hat
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS025
DESCRIPTIONHats, T-shirts, Hoodies, Jackets
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/01/2017
        FIRST USE IN COMMERCE DATE At least as early as 06/01/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS025
TRACKED TEXT DESCRIPTION
Hats, T-shirts, Hoodies, Jackets; Hats; T-shirts; Hoodies; Jackets; Jeans; Pants; Socks; Towels; Bags; Belts; Apparel; Accessories
FINAL DESCRIPTION
Hats; T-shirts; Hoodies; Jackets; Jeans; Pants; Socks; Towels; Bags; Belts; Apparel; Accessories
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/01/2017
       FIRST USE IN COMMERCE DATE At least as early as 06/01/2017
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\881\115\88111576\xml5\ ROA0005.JPG
       \\TICRS\EXPORT17\IMAGEOUT 17\881\115\88111576\xml5\ ROA0006.JPG
       SPECIMEN DESCRIPTIONThe logo consist of two words NO SHADE color hex code #dabcaa. in between the N and O is a dot and also in between the S and H is a dot. The dots color hex code #dabcaa. Below the word NO SHADE there are 8 vertical rectangles rectangle 1 color hex code #dabcaa , rectangle 2 color hex code #b5917c , rectangle 3 color hex code #9c7761 , rectangle 4 color hex code #ac8457 , rectangle 5 color hex code #a46c35 , rectangle 6 color hex code #7d4921 , rectangle 7 color hex code #543e36 , rectangle 8 color hex code #000000
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK NO SHADE appearing in the mark means or signifies or is a term of art for all skin complexions are beautiful in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application.
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.
SIGNATURE SECTION
DECLARATION SIGNATURE /Charles Williams/
SIGNATORY'S NAME Charles Williams
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 8325940454
DATE SIGNED 05/11/2019
RESPONSE SIGNATURE /Charles Williams/
SIGNATORY'S NAME Charles Williams
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 8325940454
DATE SIGNED 05/11/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sat May 11 05:35:23 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190511053523124379-8811
1576-62075b6b120ef54316c4
21ba5b8c82722a92c35dbcfab
33e72fe131a99a159a746-N/A
-N/A-20190511032859398746



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. 88111576 NO SHADE (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/88111576/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: NO SHADE (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/88111576/large)
Proposed: NO SHADE (Stylized and/or with Design, see mark)
The color(s) zinnwaldite, pale taupe, chamoisee, deer, dark gold, russet, royal brown, and black is/are claimed as a feature of the mark.
The mark consists of From left to right there is different shades of brown from lightest color to the darkest color in rectangle boxes on top of the boxes is the word No Shade.

EVIDENCE
Evidence in the nature of The logo consist of two words NO SHADE color hex code #dabcaa. in between the N and O is a dot and also in between the S and H is a dot. The dots color hex code #dabcaa. Below the word NO SHADE there are 8 vertical rectangles rectangle 1 color hex code #dabcaa , rectangle 2 color hex code #b5917c , rectangle 3 color hex code #9c7761 , rectangle 4 color hex code #ac8457 , rectangle 5 color hex code #a46c35 , rectangle 6 color hex code #7d4921 , rectangle 7 color hex code #543e36 , rectangle 8 color hex code #000000 This is a digital photograph of the NO SHADE logo on a black hat has been attached. Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Hats, T-shirts, Hoodies, Jackets
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2017 and first used in commerce at least as early as 06/01/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Hats, T-shirts, Hoodies, Jackets; Hats; T-shirts; Hoodies; Jackets; Jeans; Pants; Socks; Towels; Bags; Belts; Apparel; Accessories

Class 025 for Hats; T-shirts; Hoodies; Jackets; Jeans; Pants; Socks; Towels; Bags; Belts; Apparel; Accessories
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2017 and first used in commerce at least as early as 06/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of The logo consist of two words NO SHADE color hex code #dabcaa. in between the N and O is a dot and also in between the S and H is a dot. The dots color hex code #dabcaa. Below the word NO SHADE there are 8 vertical rectangles rectangle 1 color hex code #dabcaa , rectangle 2 color hex code #b5917c , rectangle 3 color hex code #9c7761 , rectangle 4 color hex code #ac8457 , rectangle 5 color hex code #a46c35 , rectangle 6 color hex code #7d4921 , rectangle 7 color hex code #543e36 , rectangle 8 color hex code #000000 .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
NO SHADE appearing in the mark means or signifies or is a term of art for all skin complexions are beautiful in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application.


Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


SIGNATURE(S)
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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU 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 filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; 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: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, 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; 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 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.



Signature: /Charles Williams/      Date: 05/11/2019
Signatory's Name: Charles Williams
Signatory's Position: Owner
Signatory's Phone Number: 8325940454


Response Signature
Signature: /Charles Williams/     Date: 05/11/2019
Signatory's Name: Charles Williams
Signatory's Position: Owner

Signatory's Phone Number: 8325940454

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88111576
Internet Transmission Date: Sat May 11 05:35:23 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201905110535231
24379-88111576-62075b6b120ef54316c421ba5
b8c82722a92c35dbcfab33e72fe131a99a159a74
6-N/A-N/A-20190511032859398746