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. 88202439 FULL CIRCLE(Standard Characters, see http://uspto.report/TM/88202439/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 025 for Clothing; footwear; headgear; sportswear; shirts; pants; shorts; skirts; t-shirts; gilets; yoga pants; underwear; bras; sports bras; leggings; tights; vests; athletic tops and bottoms for running, yoga, exercise and sport; sweatshirts; sweat pants; hoodies; jackets; socks; hosiery; sweatbands; gloves; aprons (clothing); ascots; babies pants (clothing); bandanas (neckerchiefs); bath robes; bath sandals; bath slippers; bathing caps; bathing drawers; bathing suits; bathing trunks; beach clothes; beach shoes; belts (clothing); berets; bibs not of paper; boas (necklets); bodices (lingerie); boot uppers; boots for sports other than ski; braces for clothing (suspenders); breeches for sports; breeches for wear; camisoles; cap peaks; caps (headwear); chasubles; clothing for gymnastics; clothing of imitations of leather; clothing of leather; coats; collar protectors; collars (clothing); combinations (clothing); corselets; corsets (underclothing); cuffs; cyclists clothing; detachable collars; drawers (clothing); dress shields; dresses; dressing gowns; dungarees; ear muffs (clothing); esparto shoes or sandals; fishing vests; fittings of metal for footwear; football boots; football shoes; footmuffs not electronically heated; fur stoles; furs (clothing); gabardines (clothing); gaiter straps; gaiters; galoshes; garters; girdles; gloves (clothing); gymnastic shoes; half-boots; hat frames (skeletons); hats; headbands (clothing); headgear for wear; heelpieces for footwear; heelpieces for stockings; heels; hoods (clothing); hosiery; inner soles; jackets (clothing); jackets (Stuff-) (clothing); jerseys (clothing); jumper dresses; jumpers (pullovers); knitwear (clothing); lace boots; layettes (clothing); leg warmers; linen (Body-) (garments); liveries; maniples; mantillas; masquerade costumes; miters (hats); mittens; money belts (clothing); motorists clothing; muffs (clothing); neckties; non-slipping devices for footwear; outerclothing; overalls; overcoats; paper clothing; paper hats (clothing); parkas; pelerines; pelisses; petticoats; pinafore dresses; pocket squares; pockets for clothing; ponchos; pullovers; pyjamas; ready-made clothing; ready-made linings (parts of clothing); sandals; saris; sarongs; sashes for wear; scarfs; scarves; shawls; shirt fronts; shirt yokes; shoes; short-sleeve shirts; shoulder wraps; shower caps; singlets; ski boots; ski gloves; ski pants; ski trousers; skirts; skorts; skull caps; sleep masks; slippers; slips (undergarments); smocks; sock suspenders; socks; soles for footwear; spats; sports jerseys; sports shoes; stocking suspenders; stockings; stockings (Sweat-absorbent-); studs for football boots; stuff jackets (clothing); suits; sun visors; suspenders; sweat-absorbent underclothing (underwear); sweaters; sweatbands; swimsuits; teddies (undergarments); tights; tips for footwear; togas; top hats; topcoats; trouser straps; trousers; turbans; underclothing; underclothing (Anti-sweat-); underpants; underwear; underwear (Anti-sweat-); uniforms; veils (clothing); visors (hatmaking); waistcoats; waist bands; warm-up suits; waterproof clothing; welts for footwear; wet suits for water-skiing; wimples; wooden shoes; wristbands (clothing); casual wear; sports clothing; outdoor and camping clothing; formal wear
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 [ European Union Trademark - EUTM registration number 003952926 registered 11/07/2005 with a renewal date of 06/29/2014 and an expiration date of 07/27/2024 ], 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; Footwear; headwear; headgear; underwear; sportswear; sleepwear; shirts; swimwear; pants; clothing, namely, coats, aprons, socks, hosiery, legging, tights, pants, jackets, belts, shorts, shirts, bottoms as clothing, tops as clothing; shorts; robes; skirts; gloves; t-shirts; sweatbands; gilets; ascots; yoga pants; bandanas; bath robes; bras; bibs not of paper; sports bras; necklets, namely, boas; leggings; lingerie; tights; braces as suspenders; vests; dresses; athletic tops and bottoms for running, yoga, exercise and sport; gowns; sweatshirts; sweat pants; hoodies; jackets; socks; hosiery; aprons (clothing); babies pants (clothing); bandanas (neckerchiefs); bath sandals; bath slippers; bathing caps; bathing drawers; bathing suits; bathing trunks; beach clothes; beach shoes; belts (clothing); berets; boas (necklets); bodices (lingerie); boot uppers; boots for sports other than ski; braces for clothing (suspenders); breeches for sports; breeches for wear; camisoles; cap peaks; caps (headwear); chasubles; clothing for gymnastics; clothing of imitations of leather; clothing of leather; coats; collar protectors; collars (clothing); combinations (clothing); corselets; corsets (underclothing); cuffs; cyclists clothing; detachable collars; drawers (clothing); dress shields; dressing gowns; dungarees; ear muffs (clothing); esparto shoes or sandals; fishing vests; fittings of metal for footwear; football boots; football shoes; footmuffs not electronically heated; fur stoles; furs (clothing); gabardines (clothing); gaiter straps; gaiters; galoshes; garters; girdles; gloves (clothing); gymnastic shoes; half-boots; hat frames (skeletons); hats; headbands (clothing); headgear for wear; heelpieces for footwear; heelpieces for stockings; heels; hoods (clothing); hosiery; inner soles; jackets (clothing); jackets (Stuff-) (clothing); jerseys (clothing); jumper dresses; jumpers (pullovers); knitwear (clothing); lace boots; layettes (clothing); leg warmers; linen (Body-) (garments); liveries; maniples; mantillas; masquerade costumes; miters (hats); mittens; money belts (clothing); motorists clothing; muffs (clothing); neckties; non-slipping devices for footwear; outerclothing; overalls; overcoats; paper clothing; paper hats (clothing); parkas; pelerines; pelisses; petticoats; pinafore dresses; pocket squares; pockets for clothing; ponchos; pullovers; pyjamas; ready-made clothing; ready-made linings (parts of clothing); sandals; saris; sarongs; sashes for wear; scarfs; scarves; shawls; shirt fronts; shirt yokes; shoes; short-sleeve shirts; shoulder wraps; shower caps; singlets; ski boots; ski gloves; ski pants; ski trousers; skirts; skorts; skull caps; sleep masks; slippers; slips (undergarments); smocks; sock suspenders; socks; soles for footwear; spats; sports jerseys; sports shoes; stocking suspenders; stockings; stockings (Sweat-absorbent-); studs for football boots; stuff jackets (clothing); suits; sun visors; suspenders; sweat-absorbent underclothing (underwear); sweaters; sweatbands; swimsuits; teddies (undergarments); tights; tips for footwear; togas; top hats; topcoats; trouser straps; trousers; turbans; underclothing; underclothing (Anti-sweat-); underpants; underwear; underwear (Anti-sweat-); uniforms; veils (clothing); visors (hatmaking); waistcoats; waist bands; warm-up suits; waterproof clothing; welts for footwear; wet suits for water-skiing; wimples; wooden shoes; wristbands (clothing); casual wear; sports clothing; outdoor and camping clothing; formal wearClass 025 for Footwear; headwear; underwear; sleepwear; swimwear; clothing, namely, coats, aprons, socks, hosiery, legging, tights, pants, jackets, belts, shorts, shirts, bottoms as clothing, tops as clothing; robes; gloves; sweatbands; ascots; bandanas; bath robes; bibs not of paper; necklets, namely, boas; lingerie; braces as suspenders; dresses; gowns
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 [ European Union Trademark - EUTM registration number 003952926 registered 11/07/2005 with a renewal date of 06/29/2014 and an expiration date of 07/27/2024 ], 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 foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

SIGNATURE(S)
Response Signature
Signature: /JS/     Date: 04/23/2019
Signatory's Name: James L. Scott - Warner Norcross + Judd LLP
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: (616) 752-2469

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: 88202439
Internet Transmission Date: Tue Apr 23 09:15:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.X.XX-2019042309150577271
4-88202439-62098a2475cbbd845cbfd4f8879a5
2559684af5b6ab50fb1fc478322568ed8b13-N/A
-N/A-20190423073950285710