Response to Office Action

KK

Infinity DLP Inc

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88199065
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88199065/mark.png
LITERAL ELEMENT KK
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the mark will be a red circle with two "K"'s back to back white or black depending on the color of material.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 025
DESCRIPTION
Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/01/2018
        FIRST USE IN COMMERCE DATE At least as early as 04/01/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 025
DESCRIPTION
Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/01/2018
       FIRST USE IN COMMERCE DATE At least as early as 04/01/2018
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The marks consist of "KK" Position Back to Back enclosed by 2 concentric circles.
CORRESPONDENCE INFORMATION (current)
NAME INFINITY DLP INC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE infinitydlpinc@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Infinity DLP Inc
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE infinitydlpinc@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) jayvato@gmail.com
SIGNATURE SECTION
DECLARATION SIGNATURE /Calixta de Lourdes Palma Melendez/
SIGNATORY'S NAME /Calixta de Lourdes Palma Melendez/
SIGNATORY'S POSITION Owner
DATE SIGNED 06/10/2020
RESPONSE SIGNATURE /Calixta de Lourdes Palma Melendez/
SIGNATORY'S NAME /Calixta de Lourdes Palma Melendez/
SIGNATORY'S POSITION Owner
DATE SIGNED 06/10/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jun 10 12:39:40 ET 2020
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0200610123940337848-88199
065-710964cff395e2cbd05ca
12c9d493d4c8cca57817b7a39
4157f146c678645372c-N/A-N
/A-20200610120851728452



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. 88199065 KK (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8819906 5/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms
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 04/01/2018 and first used in commerce at least as early as 04/01/2018 , and is now in use in such commerce.


Proposed:
Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms
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 04/01/2018 and first used in commerce at least as early as 04/01/2018 , and is now in use in such commerce.

"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].

ADDITIONAL STATEMENTS
Description of mark
The mark consists of The marks consist of "KK" Position Back to Back enclosed by 2 concentric circles.
Correspondence Information (current):
      INFINITY DLP INC
      PRIMARY EMAIL FOR CORRESPONDENCE: infinitydlpinc@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Infinity DLP Inc
      PRIMARY EMAIL FOR CORRESPONDENCE: infinitydlpinc@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jayvato@gmail.com

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

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Calixta de Lourdes Palma Melendez/      Date: 06/10/2020
Signatory's Name: /Calixta de Lourdes Palma Melendez/
Signatory's Position: Owner

Response Signature
Signature: /Calixta de Lourdes Palma Melendez/     Date: 06/10/2020
Signatory's Name: /Calixta de Lourdes Palma Melendez/
Signatory's Position: Owner

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    INFINITY DLP INC
   INFINITY DLP INC
   
   1707 CEDAR COVE CIRCLE
   CEDAR HILL, Texas 75104
Mailing Address:    Infinity DLP Inc
   1707 Cedar Cove Circle
   Cedar Hill, Texas 75104
        
Serial Number: 88199065
Internet Transmission Date: Wed Jun 10 12:39:40 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020061012394033
7848-88199065-710964cff395e2cbd05ca12c9d
493d4c8cca57817b7a394157f146c678645372c-
N/A-N/A-20200610120851728452



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