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)

---

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. 88201532 PUPPY(Standard Characters, see http://uspto.report/TM/88201532/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section

EVIDENCE
Evidence in the nature of Response brief, TESS printouts (4) has been attached.
Original PDF file:
evi_24193245237-20190510155333273378_._PUPPY_OA_Response__desc__2019_05_10.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_24193245237-20190510155333273378_._78794200.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_24193245237-20190510155333273378_._86052494.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_24193245237-20190510155333273378_._85816786.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_24193245237-20190510155333273378_._85913680.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, shirts, T-shirts, under shirts, night shirts, rugby shirts, polo shirts, cardigans, jerseys, uniforms, smocks, pants, trousers, slacks, jeans, cargo pants, stretch pants, denim jeans, overalls, jumpers, jump suits, shorts, boxer shorts, tops, stretch tops, tube tops, crop tops, tank tops, tankinis, halter tops, sweat shirts, hooded sweat shirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, play suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, ponchos, cloaks, shrugs, jackets, coats, turtlenecks, ski bibs, swimwear, beachwear, tennis wear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps, beanies, hats, visors, headbands, wrist bands, sweat bands, headwear, ear muffs, aprons, scarves, bandanas, belts, suspenders, neckwear, ties, neckerchiefs, pocket squares, ascots, underwear, briefs, swim and bathing trunks, bras, thongs, singlets, socks, loungewear, robes, underclothes, pajamas, sleepwear, night gowns, nighties, lingerie, leg warmers, hosiery, pantyhose, body stockings, knee highs, leggings, tights, gloves, mittens, rain slickers, rainwear, boots, galoshes, sandals, flip-flops, and 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.

Proposed:
Tracked Text Description: Clothing, namely, shirts, T-shirts, under shirts, night shirts, rugby shirts, polo shirts, cardigans, jerseys, uniforms, smocks, pants, trousers, slacks, jeans, cargo pants, stretch pants, denim jeans, overalls, jumpers, jump suits, shorts, boxer shorts, tops, stretch tops, tube tops, crop tops, tank tops, tankinis, halter tops, sweat shirts, hooded sweat shirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, play suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, ponchos, cloaks, shrugs, jackets, coats, turtlenecks, ski bibs, swimwear, beachwear, tennis wear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps, beanies, hats, visors, headbands, wrist bands, sweat bands, headwear, ear muffs, aprons, scarves, bandanas, belts, suspenders, neckwear, ties, neckerchiefs, pocket squares, ascots, underwear, briefs, swim and bathing trunks, bras, thongs, singlets, socks, loungewear, robes, underclothes, pajamas, sleepwear, night gowns, nighties, lingerie, leg warmers, hosiery, pantyhose, body stockings, knee highs, leggings, tights, gloves, mittens, rain slickers, rainwear, boots, galoshes, sandals, flip-flops, and slippers; Clothing, namely, shirts, T-shirts, under shirts, night shirts, rugby shirts, polo shirts, cardigans, jerseys, uniforms, smocks, pants, trousers, slacks, jeans, cargo pants, stretch pants, denim jeans, overalls, jumpers, jump suits, shorts, boxer shorts, tops, stretch tops, tube tops, crop tops, tank tops, tankinis, halter tops, sweat shirts, hooded sweat shirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, play suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, ponchos, cloaks, shrugs, jackets, coats, turtlenecks, ski bibs, swimwear, beachwear, tennis wear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps, beanies, hats, visors, headbands, wrist bands, sweat bands, headwear, ear muffs, aprons, scarves, bandanas, belts, suspenders, neckwear, ties, neckerchiefs, pocket squares, ascots, underwear, briefs, swim and bathing trunks, bras, thong underwear, singlets, socks, loungewear, robes, underclothes, pajamas, sleepwear, night gowns, nighties, lingerie, leg warmers, hosiery, pantyhose, body stockings, knee highs, leggings, tights, gloves, mittens, rain slickers, rainwear, boots, galoshes, sandals, flip-flops, and slippersClass 025 for Clothing, namely, shirts, T-shirts, under shirts, night shirts, rugby shirts, polo shirts, cardigans, jerseys, uniforms, smocks, pants, trousers, slacks, jeans, cargo pants, stretch pants, denim jeans, overalls, jumpers, jump suits, shorts, boxer shorts, tops, stretch tops, tube tops, crop tops, tank tops, tankinis, halter tops, sweat shirts, hooded sweat shirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, play suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, ponchos, cloaks, shrugs, jackets, coats, turtlenecks, ski bibs, swimwear, beachwear, tennis wear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps, beanies, hats, visors, headbands, wrist bands, sweat bands, headwear, ear muffs, aprons, scarves, bandanas, belts, suspenders, neckwear, ties, neckerchiefs, pocket squares, ascots, underwear, briefs, swim and bathing trunks, bras, thong underwear, singlets, socks, loungewear, robes, underclothes, pajamas, sleepwear, night gowns, nighties, lingerie, leg warmers, hosiery, pantyhose, body stockings, knee highs, leggings, tights, gloves, mittens, rain slickers, rainwear, boots, galoshes, sandals, flip-flops, and 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.

SIGNATURE(S)
Response Signature
Signature: /Abraham lichy/     Date: 05/10/2019
Signatory's Name: Abraham Lichy
Signatory's Position: Attorney of Record, Member of New York Bar

Signatory's Phone Number: (917) 933-3895

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88201532
Internet Transmission Date: Fri May 10 16:33:51 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201905101633511
89804-88201532-6209a4070f618cf95f1d94688
54ca37f35cced4ff85dbef3ac4de4e2ba9b2f290
-N/A-N/A-20190510155333273378