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. 88116629 101801(Standard Characters, see http://uspto.report/TM/88116629/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 Clothing, namely, Shirts, Hats, Coats, Jackets (clothing), Quilted coats, Parkas, Skirts, Trousers, Mackintoshes, Pelisses, Topcoats, Waist belts, Gowns, Heavy jackets, Sweaters, Denim jeans, dresses, Cloaks, Pullovers, Jumpers, Undershirts, Hosiery, Tee-shirts, Cardigans, Salopettes, Underwear, Robes, Swimming costumes, bathrobes, nightgowns, Evening wear, Shawls, Sashes for wear, Sweat shirts, Polo shirts, Leotards, Blazers, Trousers shorts, Stockings, Gloves, Ponchos, Foulards (clothing articles); Footwear; Slippers; Boots; Sandals; Headwear; Furs being clothing; Clothing with fur inserts
Original Filing Basis:
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[ European Union Trademark - EUTM application number 017891685 filed 04/24/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017891685 registered 08/14/2018 with a renewal date of __________ and an expiration date of 04/24/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Clothing, namely, Shirts, Hats, Coats, Jackets (clothing), Quilted coats, Parkas, Skirts, Trousers, Mackintoshes, Pelisses, Topcoats, Waist belts, Gowns, Heavy jackets, Sweaters, Denim jeans, dresses, Cloaks, Pullovers, Jumpers, Undershirts, Hosiery, Tee-shirts, Cardigans, Salopettes, Underwear, Robes, Swimming costumes, bathrobes, nightgowns, Evening wear, Shawls, Sashes for wear, Sweat shirts, Polo shirts, Leotards, Blazers, Trousers shorts, Stockings, Gloves, Ponchos, Foulards (clothing articles); lothing, namely, Shirts, Hats, Coats, Jackets, Quilted coats, Parkas, Skirts, Trousers, raincoats, Pelisses, Topcoats, Waist belts, Gowns, Heavy jackets, Sweaters, Denim jeans, dresses, Cloaks, Pullovers, Jumpers, Undershirts, Hosiery, Tee-shirts, Cardigans, Salopettes, Underwear, Robes, Swimming costumes, bathrobes, nightgowns, Evening wear, Shawls, Sashes for wear, Sweat shirts, Polo shirts, Leotards, Blazers, Trousers shorts, Stockings, Gloves, Ponchos, Foulards; Footwear; Slippers; Boots; Sandals; Headwear; Furs being clothing; Clothing with fur inserts, namely, fur coats and jackets; Clothing with fur insertsClass 025 for lothing, namely, Shirts, Hats, Coats, Jackets, Quilted coats, Parkas, Skirts, Trousers, raincoats, Pelisses, Topcoats, Waist belts, Gowns, Heavy jackets, Sweaters, Denim jeans, dresses, Cloaks, Pullovers, Jumpers, Undershirts, Hosiery, Tee-shirts, Cardigans, Salopettes, Underwear, Robes, Swimming costumes, bathrobes, nightgowns, Evening wear, Shawls, Sashes for wear, Sweat shirts, Polo shirts, Leotards, Blazers, Trousers shorts, Stockings, Gloves, Ponchos, Foulards; Footwear; Slippers; Boots; Sandals; Headwear; Clothing with fur inserts, namely, fur coats and jackets
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 [ European Union Trademark - EUTM application number 017891685 filed 04/24/2018]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017891685 registered 08/14/2018 with a renewal date of __________ and an expiration date of 04/24/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
REBECCAH GAN
WENDEROTH LLP
1030 15TH STREET, NW, SUITE 400 EAST
WASHINGTON
District of Columbia
US
20005

Proposed:
REBECCAH GAN of WENDEROTH LLP, having an address of
1025 CONNECTICUT AVENUE NW SUITE 500 WASHINGTON, District of Columbia 20036
United States
wlp@wenderoth.com;rgan@wenderoth.com
202-721-8227
202-721-8250
The docket/reference number is TM18-6796 .



ADDITIONAL STATEMENTS
Miscellaneous Statement
101801 is neither a date nor a time; 101801 has no has other extant meaning other than as a source indicator for Applicant's clothing.


SIGNATURE(S)
Response Signature
Signature: /rgan/     Date: 06/11/2019
Signatory's Name: Rebeccah Gan
Signatory's Position: Attorney of Record

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:    REBECCAH GAN
   WENDEROTH LLP
   1025 CONNECTICUT AVENUE NW SUITE 500
   WASHINGTON, District of Columbia 20036
        
Serial Number: 88116629
Internet Transmission Date: Tue Jun 11 12:50:32 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201906111250320
18728-88116629-6202f8b492f3e8d8ad147da79
88fdf650cb6198ab8553fa164d64b9d6619f8124
-N/A-N/A-20190611124443281511