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 09/30/2020)

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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 09/30/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88134337 RASCAL (Stylized and/or with Design, see http://uspto.report/TM/88134337/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 87803534 and 87938353 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)
Original PDF file:
PE_1721414912-113402309_. _RASCAL_Design.pdf
Converted PDF file(s) (3 pages)
Pending File1
Pending File2
Pending File3
Original PDF file:
PE_1-1721414912-113402309 _._Exhibit_A.pdf
Converted PDF file(s) (3 pages)
Pending File1
Pending File2
Pending File3
Original PDF file:
PE_1-1721414912-113402309 _._Exhibit_B.pdf
Converted PDF file(s) (2 pages)
Pending File1
Pending File2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for tracksuits; t-shirts; shorts; sweatshirts; hooded sweatshirts; jogging pants; caps; hats; clothing; footwear; headgear
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

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 [ United Kingdom registration number 16599995 registered 08/29/2017 with a renewal date of 04/11/2027 and an expiration date of 04/11/2027 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Tracksuits; t-shirts; shorts; sweatshirts; hooded sweatshirts; jogging pants; caps; caps being headwear; hats; clothing; clothing, namely, tops as clothing, bottoms as clothing, anoraks, athletic uniforms, bathing trunks, beachwear, belts, Bermuda shorts, bikinis, blazers, blouses, board shorts, bottoms, boxer shorts, briefs, capri pants, capris, cardigans, cargo pants, chinos, coats, denim pants, denim shorts, denim trousers, dress shirts, dress suits, dresses, dungarees, fleece pullovers, fleece shorts, frocks, gloves, halter tops, jackets, jeans, jerseys, jumpers, knit shirts, lounge pants, lounge wear, trousers, vests, overcoats, pants, parkas, peak shirts, polo shirts, pullovers, quilted vests, rain jackets, rain coats, rain proof jackets, rugby tops, shirts, shorts, trousers, shorts, short-sleeve and long-sleeved t-shits, snowboarding suits, snow pants, snow suits, snowboard gloves, snowboard pants, soccer uniforms, stadium jackets, suede jackets, surf wear, sweat pants, sweatshirts, sweat shorts, sweat suits, sweaters, sweat socks, swim trunks, swimwear, tops, track pants, tracksuits, trench coats, waterproof jackets and pants, wind resistant jackets, wind cheaters, windjammers, wind jackets, women's underwear; footwear; headgear; headwear.Class 025 for Tracksuits; t-shirts; shorts; sweatshirts; hooded sweatshirts; jogging pants; caps being headwear; hats; clothing, namely, tops as clothing, bottoms as clothing, anoraks, athletic uniforms, bathing trunks, beachwear, belts, Bermuda shorts, bikinis, blazers, blouses, board shorts, bottoms, boxer shorts, briefs, capri pants, capris, cardigans, cargo pants, chinos, coats, denim pants, denim shorts, denim trousers, dress shirts, dress suits, dresses, dungarees, fleece pullovers, fleece shorts, frocks, gloves, halter tops, jackets, jeans, jerseys, jumpers, knit shirts, lounge pants, lounge wear, trousers, vests, overcoats, pants, parkas, peak shirts, polo shirts, pullovers, quilted vests, rain jackets, rain coats, rain proof jackets, rugby tops, shirts, shorts, trousers, shorts, short-sleeve and long-sleeved t-shits, snowboarding suits, snow pants, snow suits, snowboard gloves, snowboard pants, soccer uniforms, stadium jackets, suede jackets, surf wear, sweat pants, sweatshirts, sweat shorts, sweat suits, sweaters, sweat socks, swim trunks, swimwear, tops, track pants, tracksuits, trench coats, waterproof jackets and pants, wind resistant jackets, wind cheaters, windjammers, wind jackets, women's underwear; footwear; headwear.
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

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 [ United Kingdom registration number 16599995 registered 08/29/2017 with a renewal date of 04/11/2027 and an expiration date of 04/11/2027 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-1721414912-113402309 _._Design_Cert.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Rascal Clothing Ltd, a company legally organized under the laws of UNITED KINGDOM, having an address of
      Oaklands, Clyde Road, Hoddesdon
      Hertfordshire, EN110BE
      United Kingdom
Proposed: Rascal Clothing Ltd, COMPANY legally organized under the laws of United Kingdom, having an address of
      Oaklands, Clyde Road, Hoddesdon
      Hertfordshire, EN110BE
      United Kingdom
      Email Address: XXXX

The owner's/holder's current attorney information: David A.W. Wong. David A.W. Wong of BARNES & THORNBURG LLP, is located at

      11 SOUTH MERIDIAN STREET
      INDIANAPOLIS, Indiana
      United States
The docket/reference number is 76691-286636.

The phone number is 317-236-1313.

The fax number is 317-231-7433.

The email address is dwong@btlaw.com

The owner's/holder's proposed attorney information: David A.W. Wong. Other appointed attorneys are all other attorneys of Barnes & Thornburg LLP. David A.W. Wong of BARNES & THORNBURG LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      11 South Meridian Street
      Indianapolis, Indiana 46204
      United States
The docket/reference number is 76691-286636.

The phone number is 317-236-1313.

The fax number is 317-231-7433.

The email address is dwong@btlaw.com

David A.W. Wong submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      DAVID A.W. WONG
      PRIMARY EMAIL FOR CORRESPONDENCE: dwong@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMINDocket@btlaw.com; cbrinson@btlaw.com
Correspondence Information (proposed):
      David A.W. Wong
      PRIMARY EMAIL FOR CORRESPONDENCE: dwong@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMINDocket@btlaw.com; cbrinson@btlaw.com; kfennessy@btlaw.com

The docket/reference number is 76691-286636.

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).

Response Suspension Inquiry Signature
Signature: /kfennessy/     Date: 10/29/2020
Signatory's Name: Kathleen S. Fennessy
Signatory's Position: Attorney, Barnes & Thornburg LLP, Indiana Bar Member
Signatory's Phone Number: 3172361313

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:    DAVID A.W. WONG
   BARNES & THORNBURG LLP
   
   11 SOUTH MERIDIAN STREET
   INDIANAPOLIS, Indiana
Mailing Address:    David A.W. Wong
   BARNES & THORNBURG LLP
   11 South Meridian Street
   Indianapolis, Indiana 46204
        
Serial Number: 88134337
Internet Transmission Date: Thu Oct 29 12:05:00 ET 2020
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.XX-2020102912050029
2311-88134337-7503beb409fa48f171a1d4b896
93a7c88e438d19a16717adeb79038771ebe2d45-
N/A-N/A-20201029113402309828