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. 88207665 AMARYLLIS(Standard Characters, see http://uspto.report/TM/88207665/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 014 for Jewellery; Jewellery and watches; Jewellery chain of precious metal for bracelets; Jewellery chains; Jewellery charms; Jewellery foot chains; Jewellery, clocks and watches; Jewellery, including imitation jewellery and plastic jewellery; Jewellery, precious and semi-precious stones; Jewelry; Body jewelry; Bracelets; Broaches being jewelry; Brooches being jewelry; Charms for collar jewelry and bracelet; Clasps for jewellery; Clasps for jewelry; Costume jewelry; Gemstone jewelry; Inexpensive non-jewelry watches; Rings; Rings being jewelry; Watches and jewellery; Watches and jewelry; Watches, clocks, jewellery and imitation jewellery; Watches, clocks, jewelry and imitation jewelry; Women's jewelry

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing wraps; Clothing, namely, cowls and smoke ring scarves; Clothing, namely, wrap-arounds; Belts; Belts for clothing; Belts made out of cloth; Bottoms as clothing; Bottoms as clothing for women; Dresses for women; Gloves as clothing; Headwear for women; Hooded sweatshirts for women; Hoodies; Jackets; Jackets for women; Knitwear, namely, women; Pajamas for women; Pants for women; Shirts for women; Shoes for women; Sweaters for women; Sweatpants for women; Sweatshirts for women; T-shirts for women; Tops as clothing; Tops as clothing for women; Trousers for women; Women's clothing, namely, shirts, dresses, skirts, blouses; Woven shirts for women
Original Filing Basis:
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 04/01/2014 and first used in commerce at least as early as 04/01/2014 , and is now in use in such commerce.

Proposed: Class 025 for Clothing wraps; Clothing, namely, cowls and smoke ring scarves; Clothing, namely, wrap-arounds; Belts; Belts for clothing; Belts made out of cloth; Bottoms as clothing; Bottoms as clothing for women; Dresses for women; Gloves as clothing; Headwear for women; Hooded sweatshirts for women; Hoodies; Jackets; Jackets for women; Knitwear, namely, women; Pajamas for women; Pants for women; Shirts for women; Shoes for women; Sweaters for women; Sweatpants for women; Sweatshirts for women; T-shirts for women; Tops as clothing; Tops as clothing for women; Trousers for women; Women's clothing, namely, shirts, dresses, skirts, blouses; Woven shirts for women
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 04/01/2014 and first used in commerce at least as early as 04/01/2014 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of Class 25- http://amaryllisapparel.com/collections/apparel/products/loose-cut-casual-short-sleeve-top-prints .
"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].
Original PDF file:
SPU1-7018466175-20190410121008124601_._Amaryllis_Specimen_-_Class_25_example_1.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Mobin Tabatabai, DBA Amaryllis Apparel, a limited liability company legally organized under the laws of California, having an address of
      15261 Barranca
      Irvine, California 92618
      United States

      XXXX (authorized)
      317-418-9208
Proposed: Benedicts Goods LLC, DBA Amaryllis Apparel, a limited liability company legally organized under the laws of California, having an address of
      15261 Barranca
      Irvine, California 92618
      United States
      XXXX (authorized)
      317-418-9208

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: /Ronald Waters/      Date: 04/10/2019
Signatory's Name: Ronald Waters
Signatory's Position: Accounting Manager
Signatory's Phone Number: 9492441249


Response Signature
Signature: /Ronald Waters/     Date: 04/10/2019
Signatory's Name: Ronald Waters
Signatory's Position: Accounting Manager

Signatory's Phone Number: 9492441249

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88207665
Internet Transmission Date: Wed Apr 10 12:25:49 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019041012254979
6478-88207665-62020d7472dfd6f4ae4cf2adce
c10b8b978595a4122a0a1123cadf23c7e8c5bfcc
d-N/A-N/A-20190410121008124601