TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88126052 CLUTTERBUG (Stylized and/or with Design, see http://uspto.report/TM/88126052/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The applicant herein elects NOT to proceed to registration under Section 44(e) for any foreign application(s) claimed as a basis for priority.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Educational downloadable videos in the fields of home organization, home cleanup and decluttering; Downloadable electronic publications, namely, e-books, articles, brochures for others in the fields of home organization, home cleanup and decluttering
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 01/27/2010 and first used in commerce at least as early as 01/27/2010, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1919995 filed 09/14/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 009 for Educational downloadable videos in the fields of home organization, home cleanup and decluttering; Downloadable electronic publications, namely, e-books, articles, brochures for others in the fields of home organization, home cleanup and decluttering
Deleted Filing Basis: 44(d); and 44(e).
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 01/27/2010 and first used in commerce at least as early as 01/27/2010, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 009. The specimen(s) submitted consists of Originally submitted specimen. Screenshots from website http://clutterbug.me/.
"The substitute (or new, 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, 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].
Original PDF file:
SPU0-5214432200-202005190 90313745423_._88126052.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, providing classes, seminars, workshops in the fields of home organization, home cleanup and decluttering; Entertainment services, namely, providing educational podcasts in the fields of home organization, home cleanup and decluttering
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 04/01/2010 and first used in commerce at least as early as 04/01/2010, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1919995 filed 09/14/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 041 for Educational services, namely, providing classes, seminars, workshops in the fields of home organization, home cleanup and decluttering; Entertainment services, namely, providing educational podcasts in the fields of home organization, home cleanup and decluttering
Deleted Filing Basis: 44(d); and 44(e).
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 04/01/2010 and first used in commerce at least as early as 04/01/2010, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of Originally submitted specimen. Screenshots from website http://clutterbug.me/.
"The substitute (or new, 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, 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].
Original PDF file:
SPU1-5214432200-202005190 90313745423_._88126052.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: 2412254 Ontario LTD, a corporation of Canada, having an address of
      345 East Puce Road
      Belle River, Ontario, N0R1A0
      Canada
Proposed: 2412254 Ontario LTD, a corporation of Canada, having an address of
      345 East Puce Road
      Belle River, Ontario, N0R1A0
      Canada
      Email Address: XXXX
Correspondence Information (current):
      Erin Morgan Klug
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@varnumlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Erin Morgan Klug
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@varnumlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ClutterbugT2.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /Erin Morgan Klug/    Date: 05/19/2020
Signatory's Name: Erin Morgan Klug
Signatory's Position: Attorney of record, Michigan Bar Member
Signatory's Phone Number: 2485677829

Response Suspension Inquiry Signature
Signature: /Erin Morgan Klug/     Date: 05/19/2020
Signatory's Name: Erin Morgan Klug
Signatory's Position: Attorney of Record, Michigan Bar Member
Signatory's Phone Number: 2485677829

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Erin Morgan Klug
   VARNUM, RIDDERING, SCHMIDT & HOWLETT LLP
   SUITE 350
   39500 HIGH POINTE BLVD.
   NOVI, Michigan
Mailing Address:    Erin Morgan Klug
   VARNUM, RIDDERING, SCHMIDT & HOWLETT LLP
   SUITE 350
   39500 HIGH POINTE BLVD.
   NOVI, Michigan 48375
        
Serial Number: 88126052
Internet Transmission Date: Tue May 19 09:33:25 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XX.XXX-2020051909332597
8295-88126052-7101b5d43a88f24aea55075e04
fb44c68fe4c73bfb4d1c99a33569e52290507e49
-N/A-N/A-20200519090313745423