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. 88170275 ESPACIO(Standard Characters, see http://uspto.report/TM/88170275/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 024 for (Based on 44(e)) (Based on Intent to Use) Woven textile goods for personal use, namely, towels, face towels, handkerchiefs, quilts; mosquito nets; bedsheets; futon quilts; futon and quilts cases (linen); futon ticks (unstuffed futon); pillowcases; table napkins of textile; dish towels for drying; toilet seat covers of textile; seat covers of textile; wall hangings of textile; curtains; table cloths (not of paper); draperies (thick drop curtains) (Based on Intent to Use) comforter blankets; comforter quilts or duvet quilts; comforter (or duvet) cases; comforters; bed linen products; bed blankets; down comforters (or duvets); down comforter (or duvet) cases; cushion covers
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of 01/19/2028 ], 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: (Based on 44(e)) (Based on Intent to Use) Woven textile goods for personal use, namely, towels, face towels, handkerchiefs, quilts; mosquito nets; bedsheets; futon quilts; futon and quilts cases (linen); linen futon and quilts cases; futon ticks (unstuffed futon); futon ticks, namely, unstuffed futon; pillowcases; blankets; table napkins of textile; dish towels for drying; toilet seat covers of textile; seat covers of textile; wall hangings of textile; table cloths (not of paper); curtains; draperies (thick drop curtains) (Based on Intent to Use) comforter blankets; table cloths not of paper; draperies, namely, thick drop curtains; comforter (or duvet) cases; (based on intent-to-use) comforter blankets; comforter quilts or duvet quilts; comforter and duvet cases; comforters; down comforters (or duvets); bed linen products; down comforter (or duvet) cases; bed blankets; down comforters and duvets; down comforter and duvet cases; cushion coversClass 024 for (Based on 44(e)) (Based on Intent to Use) Woven textile goods for personal use, namely, towels, face towels, handkerchiefs, quilts; mosquito nets; bedsheets; futon quilts; linen futon and quilts cases; futon ticks, namely, unstuffed futon; pillowcases; blankets; table napkins of textile; dish towels for drying; toilet seat covers of textile; seat covers of textile; wall hangings of textile; curtains; table cloths not of paper; draperies, namely, thick drop curtains; (based on intent-to-use) comforter blankets; comforter quilts or duvet quilts; comforter and duvet cases; comforters; bed linen products; bed blankets; down comforters and duvets; down comforter and duvet cases; cushion covers
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of 01/19/2028 ], 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, footwear, jackets, jogging pants, sweat pants, skirts, trousers, overcoats, mantles, cardigans, sweaters, vests and waistcoats, open-necked shirts, sport shirts, blouses, polo shirts, shirts for suits, overalls, pants, dresses, parkas, leggings, night gowns, negligees, Japanese sleeping robes also known as nemaki, pajamas, bath robes, underwear, undershirts, panties, shorts, briefs, camisoles, tee-shirts, leotards, sleep masks, aprons, collar protectors in the nature of mufflers, socks and stockings other than special sportswear, shawls, scarves, neckerchiefs, bandanas, mufflers, ear muffs, gloves, mittens, leg warmers, nightcaps, headwear, shoes not for sports, rain boots, sandal shoes, boots, women's shoes, winter boots, infant's shoes and boots, insoles for shoes and boots, half-boots, rompers, tights, unitards, bodysuits, bibs not of paper, garters, sock suspenders, suspenders (braces), braces for clothing, waistbands, belts for clothing, suspenders, stocking suspenders, braces for clothing (suspenders), trouser straps, money belts (clothing), Japanese garment (Yukata), slippers
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.

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[ Japan application number __________ filed __________ ]. 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 [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of 01/19/2028 ], 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, footwear, jackets, jogging pants, sweat pants, skirts, trousers, overcoats, mantles, cardigans, sweaters, vests and waistcoats, open-necked shirts, sport shirts, blouses, polo shirts, shirts for suits, overalls, pants, dresses, parkas, leggings, night gowns, negligees, Japanese sleeping robes also known as nemaki, pajamas, bath robes, underwear, undershirts, panties, shorts, briefs, camisoles, tee-shirts, leotards, sleep masks, aprons, collar protectors in the nature of mufflers, socks and stockings other than special sportswear, shawls, scarves, neckerchiefs, bandanas, mufflers, ear muffs, gloves, mittens, leg warmers, nightcaps, headwear, shoes not for sports, rain boots, sandal shoes, boots, women's shoes, winter boots, infant's shoes and boots, insoles for shoes and boots, half-boots, rompers, tights, unitards, bodysuits, bibs not of paper, garters, sock suspenders, suspenders (braces), braces for clothing, waistbands, belts for clothing, suspenders, stocking suspenders, braces for clothing (suspenders), trouser straps, money belts (clothing), Japanese garment (Yukata), slippers; Clothing, namely, footwear, jackets, jogging pants, sweat pants, skirts, trousers, overcoats, mantles, cardigans, sweaters, vests and waistcoats, open-necked shirts, sport shirts, blouses, polo shirts, shirts for suits, overalls, pants, dresses, parkas, leggings, night gowns, negligees, Japanese sleeping robes also known as nemaki, pajamas, bath robes, underwear, undershirts, panties, shorts, briefs, camisoles, tee-shirts, leotards, sleep masks, aprons, collar protectors in the nature of mufflers, socks and stockings other than special sportswear, shawls, scarves, neckerchiefs, bandanas, mufflers, ear muffs, gloves, mittens, leg warmers, nightcaps, headwear, shoes not for sports, rain boots, sandal shoes, boots, women's shoes, winter boots, infant's shoes and boots, insoles for shoes and boots, half-boots, rompers, tights, unitards, bodysuits, bibs not of paper, garters, sock suspenders, suspenders, braces, braces for clothing, waistbands, belts for clothing, stocking suspenders, braces for clothing (suspenders), trouser straps, money belts in the nature of clothing, Japanese garment, namely, Yukata, slippersClass 025 for Clothing, namely, footwear, jackets, jogging pants, sweat pants, skirts, trousers, overcoats, mantles, cardigans, sweaters, vests and waistcoats, open-necked shirts, sport shirts, blouses, polo shirts, shirts for suits, overalls, pants, dresses, parkas, leggings, night gowns, negligees, Japanese sleeping robes also known as nemaki, pajamas, bath robes, underwear, undershirts, panties, shorts, briefs, camisoles, tee-shirts, leotards, sleep masks, aprons, collar protectors in the nature of mufflers, socks and stockings other than special sportswear, shawls, scarves, neckerchiefs, bandanas, mufflers, ear muffs, gloves, mittens, leg warmers, nightcaps, headwear, shoes not for sports, rain boots, sandal shoes, boots, women's shoes, winter boots, infant's shoes and boots, insoles for shoes and boots, half-boots, rompers, tights, unitards, bodysuits, bibs not of paper, garters, sock suspenders, suspenders, braces, braces for clothing, waistbands, belts for clothing, stocking suspenders, braces for clothing (suspenders), trouser straps, money belts in the nature of clothing, Japanese garment, namely, Yukata, slippers
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.

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 [ Japan application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number __________ registered __________ with a renewal date of __________ and an expiration date of 01/19/2028 ], 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Tea; oolong tea (Chinese tea); black tea (English tea); tea of salty kelp powder (kombu-cha); mugi-cha (roasted barley tea); Japanese green tea; iced tea; chamomile-based beverages; flowers or leaves for use as tea substitutes; tea-based beverages; prepared coffee and coffee based beverages; prepared cocoa and cocoa based beverages; coffee-based beverages; artificial coffee; roasted coffee beans; coffee beverages with milk; chocolate-based beverages; cocoa beverages with milk; cocoa-based beverages; vegetal preparations for use as coffee substitutes; chicory (coffee substitute); coffee beverages with milk; cocoa beverages with milk; chocolate beverages with milk; confectionery; bread and buns; sandwiches; steamed buns stuffed with minced meat (chuka-manjuh); hamburgers (sandwiches); pizzas; hot dogs (sandwiches); meat pies; syrup coated roasted chestnuts (confectionery); sugar coated beans (confectionery); starch-based candies (ame); pellet-shaped rice crackers (arare); rice dumplings dressed with sweet bean jam (ankoro); roasted chestnuts (iri-guri); roasted beans (iri-mame) cakes of sugar-bounded millet or popped rice (okoshi); fried dough cookies (karintoh); soft pin-rolled cakes of pounded rice (gyuhi); crystal sugar pieces (confectionery); candied fruits or vegetables (satoh-zuke); sweet soup of adzuki-bean flour (shiruko); instant shiruko; sweet soup of adzuki-beans with rice cake (zenzai); instant zenzai; rice crackers (senbei); sweet dumplings (dango); nerikiri (Japanese confectionery); glutinous starch syrup (mizuame) (confectionery); mitsumame (confectionery consisting of boiled beans; agar gel cubes and fruits with syrup); Japanese style steamed cakes (mushi-gashi); sweet pounded rice cakes (mochi-gashi); bean-jam filled wafers (monaka); pastry shells for monaka; sweetened boiled adzuki-beans (yude-adzuki); bars of sweet jellied bean paste (yohkan); dried sugared cakes of rice flour (rakugan); ice candies; ice cream; wafers; castilia sponge cakes; hardtacks (confectionery); caramels; candies (sweets); cookies; crackers; cones for icecream; sherbets (sorbets); cream puffs; sponge cakes; toffees (taffies); chewing gums; chocolate; doughnuts; fruit drops (candies); nougat; pies; biscuits; fruit jellies (confectionery); frozen yoghurt (confectionery ices); bolo (baked confectionery); pancakes; popcorn; marshmallows; baked apples; rusks; waffles; bean jam buns; cream buns; jam buns; bread; buns; almond confectionery; shaved ice with sweetened red beans; chewing gum for breath freshening; mints for breath freshening; custard; liquorice (confectionery); quiches; confectionery for decorating Christmas trees; candy decorations for cakes; chocolate decorations for cakes; cake frosting (icing); mirror icing (mirror glaze); sugar confectionery; gingerbread; zefir (confectionery); tacos; tarts; cheeseburgers (sandwiches); chocolate-coated nuts; chocolate mousses; dessert mousses (confectionery); dulce de leche; tortillas; lozenges (confectionery); malt biscuits; pastila (confectionery); peppermint sweets; pates en croute; halvah; pancakes; peanut confectionery; edible ices; fondants (confectionery); petits fours (cakes); petit-beurre biscuits; puddings; pralines; burritos; fruit jellies (confectionery); frozen yogurt (confectionery ices); stick liquorice (confectionery); macaroons (pastry); marzipan; unleavened bread; cakes; rice pudding; bread rolls; lomper (potato-based flatbread); seasonings (other than spices); soya bean paste (condiment); worcester sauce; meat gravies; ketchup; soy sauce (soya sauce); vinegar; vinegar mixes; seasoning soy sauce (sobatsuyu); salad dressings; white sauce; mayonnaise; sauces for barbecued meat; cranberry sauce (condiment); dressings for salad; sauces (condiments); chow-chow (condiment); chutneys (condiments); tomato sauce; beer vinegar; ham glaze; pesto (sauce); marinades; apple sauce (condiment); cube sugar; fructose for culinary purposes; crystal sugar (not confectionery); sugar; maltose for culinary purposes; honey; glucose for culinary purposes; powdered starch syrup for culinary purposes; starch syrup for culinary purposes; natural sweeteners; golden syrup; molasses for food; palm sugar; agave syrup (natural sweetener); glucose for culinary purposes; table salt mixed with sesame seeds; cooking salt; roasted and ground sesame seeds; celery salt; sea water for cooking; sesame seeds (seasonings); salt for preserving foodstuffs; flaxseed for culinary purposes (seasoning); umami seasonings; spices; mustard powder (spice); curry powder (spice); pepper powder (spice); sansho powder (Japanese pepper in powder form); clove powder (spice); hot pepper powder (spice); cinnamon powder (spice); wasabi powder (Japanese horseradish); aniseed; allspice; seaweed (condiment); minced garlic (condiment); pepper; saffron (seasoning); cinnamon (spice); ginger (spice); turmeric; cloves (spice); mustard meal; nutmegs; star aniseed; mustard
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.

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[ Japan application number __________ filed __________ ]. 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 [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of 01/19/2028 ], 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: Tea; oolong tea (Chinese tea); black tea (English tea); black tea, namely, English tea; tea of salty kelp powder (kombu-cha); mugi-cha (roasted barley tea); Japanese green tea; iced tea; chamomile-based beverages; flowers or leaves for use as tea substitutes; tea-based beverages; prepared coffee and coffee based beverages; prepared cocoa and cocoa based beverages; coffee-based beverages; artificial coffee; roasted coffee beans; coffee beverages with milk; chocolate-based beverages; cocoa beverages with milk; cocoa-based beverages; vegetal preparations for use as coffee substitutes; chicory (coffee substitute); coffee beverages with milk; chocolate beverages with milk; cocoa beverages with milk; confectionery; bread and buns; sandwiches; steamed buns stuffed with minced meat (chuka-manjuh); sandwiches in the nature of hamburgers; pizzas; hamburgers (sandwiches); sandwiches in the nature of hot dogs; meat pies; hot dogs (sandwiches); syrup coated roasted chestnuts (confectionery); sugar coated beans (confectionery); starch-based candies (ame); pellet-shaped rice crackers (arare); rice dumplings dressed with sweet bean jam (ankoro); roasted chestnuts (iri-guri); roasted beans (iri-mame); cakes of sugar-bounded millet or popped rice (okoshi); roasted beans (iri-mame) cakes of sugar-bounded millet or popped rice (okoshi); fried dough cookies (karintoh); soft pin-rolled cakes of pounded rice (gyuhi); crystal sugar pieces (confectionery); candied fruits or vegetables (satoh-zuke); sweet soup of adzuki-bean flour (shiruko); instant shiruko; sweet soup of adzuki-beans with rice cake (zenzai); instant zenzai; rice crackers (senbei); sweet dumplings (dango); nerikiri (Japanese confectionery); confectionery, namely, glutinous starch syrup (mizuame); glutinous starch syrup (mizuame) (confectionery); mitsumame (confectionery consisting of boiled beans; agar gel cubes and fruits with syrup); Japanese style steamed cakes (mushi-gashi); sweet pounded rice cakes (mochi-gashi); bean-jam filled wafers (monaka); pastry shells for monaka; sweetened boiled adzuki-beans (yude-adzuki); bars of sweet jellied bean paste (yohkan); dried sugared cakes of rice flour (rakugan); ice candies; ice cream; wafers; castilia sponge cakes; confectionery, namely, hardtacks; hardtacks (confectionery); caramels; sweets, namely, candies; candies (sweets); cookies; crackers; cones for icecream; sherbets; sherbets (sorbets); sorbets; cream puffs; sponge cakes; toffees (taffies); toffees; taffies; chewing gums; chocolate; fruit drops (candies); doughnuts; candies, namely, fruit drops; nougat; pies; fruit jellies (confectionery); biscuits; frozen yoghurt (confectionery ices); confectionery, namely, fruit jellies; frozen yoghurt in the nature of confectionery ices; bolo (baked confectionery); pancakes; popcorn; marshmallows; baked apples; rusks; waffles; bean jam buns; cream buns; jam buns; bread; buns; almond confectionery; shaved ice with sweetened red beans; chewing gum for breath freshening; mints for breath freshening; custard; liquorice (confectionery); quiches; confectionery for decorating Christmas trees; candy decorations for cakes; cake frosting (icing); chocolate decorations for cakes; mirror icing (mirror glaze); cake frosting; icing; mirror icing, namely, mirror glaze; sugar confectionery; gingerbread; zefir (confectionery); cheeseburgers (sandwiches); tacos; tarts; sandwiches in the nature of cheeseburgers; dessert mousses (confectionery); chocolate-coated nuts; chocolate mousses; confectionery, namely, dessert mousses; lozenges (confectionery); dulce de leche; tortillas; confectionery, namely, lozenges; malt biscuits; pastila (confectionery); peppermint sweets; pancakes; pates en croute; halvah; peanut confectionery; fondants (confectionery); edible ices; confectionery, namely, fondants; petits fours (cakes); petit-beurre biscuits; puddings; pralines; fruit jellies (confectionery); burritos; frozen yogurt (confectionery ices); confectionery, namely, stick liquorice; stick liquorice (confectionery); pastry, namely, macaroons; macaroons (pastry); marzipan; unleavened bread; cakes; rice pudding; bread rolls; lomper (potato-based flatbread); seasonings other than spices; seasonings (other than spices); condiment, namely, soya bean paste; soya bean paste (condiment); Worcester sauce; meat gravies; ketchup; soy sauce also known as soya sauce; soy sauce (soya sauce); vinegar; vinegar mixes; seasoning soy sauce (sobatsuyu); salad dressings; white sauce; mayonnaise; sauces for barbecued meat; condiment, namely, cranberry sauce; cranberry sauce (condiment); dressings for salad; sauces (condiments); chow-chow (condiment); chutneys (condiments); tomato sauce; beer vinegar; ham glaze; pesto sauce; pesto (sauce); marinades; condiment, namely, apple sauce; apple sauce (condiment); cube sugar; fructose for culinary purposes; crystal sugar not being confectionery; crystal sugar (not confectionery); sugar; maltose for culinary purposes; honey; glucose for culinary purposes; powdered starch syrup for culinary purposes; starch syrup for culinary purposes; natural sweeteners; golden syrup; molasses for food; palm sugar; natural sweetener, namely, agave syrup; agave syrup (natural sweetener); glucose for culinary purposes; table salt mixed with sesame seeds; cooking salt; roasted and ground sesame seeds; celery salt; sea water for cooking; seasonings, namely, sesame seeds; sesame seeds (seasonings); salt for preserving foodstuffs; seasoning, namely, flaxseed for culinary purposes; flaxseed for culinary purposes (seasoning); umami seasonings; spices; spices, namely, mustard powder, curry powder and pepper powder; mustard powder (spice); sansho powder (Japanese pepper in powder form); curry powder (spice); spices, namely, clove powder, hot pepper powder, cinnamon powder; pepper powder (spice); wasabi powder (Japanese horseradish); aniseed; clove powder (spice); allspice; hot pepper powder (spice); condiments, namely, seaweed, minced garlic; cinnamon powder (spice); pepper; seasoning, namely, saffron; spices, namely, cinnamon, ginger, turmeric, cloves; mustard; seaweed (condiment); minced garlic (condiment); saffron (seasoning); cinnamon (spice); ginger (spice); turmeric; cloves (spice); mustard meal; nutmegs; star aniseedClass 030 for Tea; oolong tea (Chinese tea); black tea, namely, English tea; tea of salty kelp powder (kombu-cha); mugi-cha (roasted barley tea); Japanese green tea; iced tea; chamomile-based beverages; flowers or leaves for use as tea substitutes; tea-based beverages; prepared coffee and coffee based beverages; prepared cocoa and cocoa based beverages; coffee-based beverages; artificial coffee; roasted coffee beans; coffee beverages with milk; chocolate-based beverages; cocoa beverages with milk; cocoa-based beverages; vegetal preparations for use as coffee substitutes; chicory (coffee substitute); chocolate beverages with milk; confectionery; bread and buns; sandwiches; steamed buns stuffed with minced meat (chuka-manjuh); sandwiches in the nature of hamburgers; pizzas; sandwiches in the nature of hot dogs; meat pies; syrup coated roasted chestnuts (confectionery); sugar coated beans (confectionery); starch-based candies (ame); pellet-shaped rice crackers (arare); rice dumplings dressed with sweet bean jam (ankoro); roasted chestnuts (iri-guri); roasted beans (iri-mame); cakes of sugar-bounded millet or popped rice (okoshi); fried dough cookies (karintoh); soft pin-rolled cakes of pounded rice (gyuhi); crystal sugar pieces (confectionery); candied fruits or vegetables (satoh-zuke); sweet soup of adzuki-bean flour (shiruko); instant shiruko; sweet soup of adzuki-beans with rice cake (zenzai); instant zenzai; rice crackers (senbei); sweet dumplings (dango); nerikiri (Japanese confectionery); confectionery, namely, glutinous starch syrup (mizuame); mitsumame (confectionery consisting of boiled beans; agar gel cubes and fruits with syrup); Japanese style steamed cakes (mushi-gashi); sweet pounded rice cakes (mochi-gashi); bean-jam filled wafers (monaka); pastry shells for monaka; sweetened boiled adzuki-beans (yude-adzuki); bars of sweet jellied bean paste (yohkan); dried sugared cakes of rice flour (rakugan); ice candies; ice cream; wafers; castilia sponge cakes; confectionery, namely, hardtacks; caramels; sweets, namely, candies; cookies; crackers; cones for icecream; sherbets; sorbets; cream puffs; sponge cakes; toffees; taffies; chewing gums; chocolate; doughnuts; candies, namely, fruit drops; nougat; pies; biscuits; confectionery, namely, fruit jellies; frozen yoghurt in the nature of confectionery ices; bolo (baked confectionery); pancakes; popcorn; marshmallows; baked apples; rusks; waffles; bean jam buns; cream buns; jam buns; bread; buns; almond confectionery; shaved ice with sweetened red beans; chewing gum for breath freshening; mints for breath freshening; custard; liquorice (confectionery); quiches; confectionery for decorating Christmas trees; candy decorations for cakes; chocolate decorations for cakes; cake frosting; icing; mirror icing, namely, mirror glaze; sugar confectionery; gingerbread; zefir (confectionery); tacos; tarts; sandwiches in the nature of cheeseburgers; chocolate-coated nuts; chocolate mousses; confectionery, namely, dessert mousses; dulce de leche; tortillas; confectionery, namely, lozenges; malt biscuits; pastila (confectionery); peppermint sweets; pates en croute; halvah; peanut confectionery; edible ices; confectionery, namely, fondants; petits fours (cakes); petit-beurre biscuits; puddings; pralines; burritos; confectionery, namely, stick liquorice; pastry, namely, macaroons; marzipan; unleavened bread; cakes; rice pudding; bread rolls; lomper (potato-based flatbread); seasonings other than spices; condiment, namely, soya bean paste; Worcester sauce; meat gravies; ketchup; soy sauce also known as soya sauce; vinegar; vinegar mixes; seasoning soy sauce (sobatsuyu); salad dressings; white sauce; mayonnaise; sauces for barbecued meat; condiment, namely, cranberry sauce; dressings for salad; sauces (condiments); chow-chow (condiment); chutneys (condiments); tomato sauce; beer vinegar; ham glaze; pesto sauce; marinades; condiment, namely, apple sauce; cube sugar; fructose for culinary purposes; crystal sugar not being confectionery; sugar; maltose for culinary purposes; honey; glucose for culinary purposes; powdered starch syrup for culinary purposes; starch syrup for culinary purposes; natural sweeteners; golden syrup; molasses for food; palm sugar; natural sweetener, namely, agave syrup; glucose for culinary purposes; table salt mixed with sesame seeds; cooking salt; roasted and ground sesame seeds; celery salt; sea water for cooking; seasonings, namely, sesame seeds; salt for preserving foodstuffs; seasoning, namely, flaxseed for culinary purposes; umami seasonings; spices; spices, namely, mustard powder, curry powder and pepper powder; sansho powder (Japanese pepper in powder form); spices, namely, clove powder, hot pepper powder, cinnamon powder; wasabi powder (Japanese horseradish); aniseed; allspice; condiments, namely, seaweed, minced garlic; pepper; seasoning, namely, saffron; spices, namely, cinnamon, ginger, turmeric, cloves; mustard
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.

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 [ Japan application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number __________ registered __________ with a renewal date of __________ and an expiration date of 01/19/2028 ], 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Beer; carbonated drinks (refreshing beverages); fruit juices; vegetable juices (beverages)
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.

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[ Japan application number __________ filed __________ ]. 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 [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of 01/19/2028 ], 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: Beer; carbonated drinks (refreshing beverages); refreshing beverages in the nature of carbonated drinks; fruit juices; vegetable juices (beverages); beverages, namely, vegetable juicesClass 032 for Beer; refreshing beverages in the nature of carbonated drinks; fruit juices; beverages, namely, vegetable juices
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.

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 [ Japan application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6083349 registered __________ with a renewal date of __________ and an expiration date of 01/19/2028 ], 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.

The applicant's current attorney information: Laura J. Winston. Laura J. Winston of Offit Kurman, P.A., is located at

      10 East 40th Street
      New York, New York 10016
      US
The docket/reference number is 0540021.0006.

The phone number is 347.589.8536.

The fax number is 212.545.1656.

The email address is trademarks@offitkurman.com

The applicants proposed attorney information: Laura J. Winston. Other appointed attorneys are Jonathan R. Wachs. Laura J. Winston of Offit Kurman, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      10 East 40th Street
      New York, New York 10016
      United States
The docket/reference number is 0540021.0006.

The phone number is 347.589.8536.

The fax number is 212.545.1656.

The email address is trademarks@offitkurman.com

Laura J. Winston 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.
The applicant's current correspondence information: Laura J. Winston. Laura J. Winston of Offit Kurman, P.A., is located at

      10 East 40th Street
      New York, New York 10016
      US
The docket/reference number is 0540021.0006.

The phone number is 347.589.8536.

The fax number is 212.545.1656.

The email address is trademarks@offitkurman.com; lwinston@offitkurman.com

The applicants proposed correspondence information: Laura J. Winston. Laura J. Winston of Offit Kurman, P.A., is located at

      10 East 40th Street
      New York, New York 10016
      United States
The docket/reference number is 0540021.0006.

The phone number is 347.589.8536.

The fax number is 212.545.1656.

The email address is trademarks@offitkurman.com; lwinston@offitkurman.com; alison.pratt@offitkurman.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
1. Applicant is simultaneously filing a Request to Divide International Class 25 from this application. Applicant plans to rely on Section 44(e) for the new child application. 2. Applicant confirms that it wishes to retain the intent-to-use basis for all goods and services at this time, 3. Applicant confirms that the information showing in the TSDR (and on this office action response form) is incorrect with respect to the filing bases. Applicant requests that the USPTO records for International Classes 24, 30, 32 and 45 be updated so that the filing bases and supporting information conform to the response to office action and accompanying Japanese registration certificates submitted by Applicant on July 26, 2019.


SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Laura J. Winston/     Date: 10/22/2019
Signatory's Name: Laura J. Winston
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 3475898536

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:    Laura J. Winston
   Offit Kurman, P.A.
   
   10 East 40th Street
   New York, New York 10016
Mailing Address:    Laura J. Winston
   Offit Kurman, P.A.
   10 East 40th Street
   New York, New York 10016
        
Serial Number: 88170275
Internet Transmission Date: Tue Oct 22 11:55:48 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019102211554872
5871-88170275-6106ba61c5a78e276ee74e964f
09697579fdfd4d492b2b6cf81af13b91fbfc2e-N
/A-N/A-20191022114634881225