Response to Office Action

MACKAGE

APP Group (Canada) 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 88209188
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK http://uspto.report/TM/88209188/mark.png
LITERAL ELEMENT MACKAGE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
colognes, perfumes and cosmetics; candles; scented candles; eyeglass cases; eyeglasses; ski goggles; ski helmets; sunglasses and spectacles; bags adapted for laptops; charms for key chains; charms for key rings; key chains; jewelry; boxes of paper or cardboard; gift boxes; packing paper; paper bags; paper gift wrapping ribbons; passport cases; umbrellas; luggage; duffel bags for travel; card cases; diaper bags; luggage tags; belt bags and hip bags; backpacks; cosmetic cases sold empty; handbags, purses and wallets; leather bags; leather cases; leather handbags; leather wallets; shoulder bags; athletic apparel, namely, t-shirts, sweater, pants, sweat pants; sweatshirts balaclavas; bathing suits; boots; fake fur jackets; head bands; leg warmers; shoes; ski boots; ski clothing; ski wear; sneakers; snowboard jackets; snowboard pants; snowboard shoes; socks; swimsuits; winter boots; children outerwear, namely, coats and jackets; bomber jackets; bomber vests; fur jackets; hooded jackets; leather coats; leather jackets; leather pants; vests; coats; ski suits; overcoats; pea coats; rainwear; suede jackets; trench coats; waterproof jackets; winter jackets; belts; blazers; blouses; coats; hats; pants; parkas; ponchos; shirts; skirts; capes; down jackets; snow pants; gloves; shawls and stoles; combi pants; dresses; leggings; scarves; shorts; sweaters; t-shirts; ribbons; zipper pulls; buttons for clothing; alpine skis; cross-country skis; bags adapted for skis; bags adapted for snowboards; ski covers; ski poles; snow boards
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
TRACKED TEXT DESCRIPTION
colognes, perfumes and cosmetics; Athletic apparel, namely, t-shirts, sweater, pants, sweat pants; candles; sweatshirts balaclavas; scented candles; bathing suits; eyeglass cases; boots; eyeglasses; fake fur jackets; ski goggles; head bands; ski helmets; leg warmers; sunglasses and spectacles; shoes; bags adapted for laptops; ski boots; charms for key chains; ski clothing, namely, pants and jackets; charms for key rings; ski wear; key chains; sneakers; jewelry; snowboard jackets; boxes of paper or cardboard; snowboard pants; gift boxes; snowboard shoes; packing paper; socks; paper bags; swimsuits; paper gift wrapping ribbons; winter boots; passport cases; children outerwear, namely, coats and jackets; umbrellas; bomber jackets; luggage; bomber vests; duffel bags for travel; fur jackets; card cases; hooded jackets; diaper bags; leather coats; luggage tags; leather jackets; belt bags and hip bags; leather pants; backpacks; vests; cosmetic cases sold empty; coats; handbags, purses and wallets; ski suits; leather bags; overcoats; leather cases; pea coats; leather handbags; rainwear; leather wallets; suede jackets; shoulder bags; trench coats; waterproof jackets; winter jackets; belts; blazers; blouses; coats; hats; pants; parkas; ski clothing; ponchos; shirts; skirts; capes; down jackets; snow pants; gloves; shawls and stoles; combi pants; dresses; leggings; scarves; shorts; sweaters; t-shirts; ribbons; zipper pulls; buttons for clothing; alpine skis; cross-country skis; bags adapted for skis; bags adapted for snowboards; ski covers; ski poles; snow boards
FINAL DESCRIPTION
Athletic apparel, namely, t-shirts, sweater, pants, sweat pants; sweatshirts balaclavas; bathing suits; boots; fake fur jackets; head bands; leg warmers; shoes; ski boots; ski clothing, namely, pants and jackets; ski wear; sneakers; snowboard jackets; snowboard pants; snowboard shoes; socks; swimsuits; winter boots; children outerwear, namely, coats and jackets; bomber jackets; bomber vests; fur jackets; hooded jackets; leather coats; leather jackets; leather pants; vests; coats; ski suits; overcoats; pea coats; rainwear; suede jackets; trench coats; waterproof jackets; winter jackets; belts; blazers; blouses; coats; hats; pants; parkas; ponchos; shirts; skirts; capes; down jackets; snow pants; gloves; shawls and stoles; combi pants; dresses; leggings; scarves; shorts; sweaters; t-shirts
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
       FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
online retail store featuring of clothing; organization of fashion shows for promotional purposes; retail clothing stores; wholesale distributorship featuring clothing; wholesale distributorship featuring cosmetics; retail cosmetics store; online retail store featuring cosmetics; online retail store featuring footwear; fur cleaning, care and repair services; clothing repair; leather cleaning
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Online retail store featuring of clothing; organization of fashion shows for promotional purposes; retail clothing stores; wholesale distributorship featuring clothing; wholesale distributorship featuring cosmetics; retail cosmetics store; online retail store featuring cosmetics; online retail store featuring footwear; fur cleaning, care and repair services; clothing repair; leather cleaning
FINAL DESCRIPTION
Online retail store featuring of clothing; organization of fashion shows for promotional purposes; retail clothing stores; wholesale distributorship featuring clothing; wholesale distributorship featuring cosmetics; retail cosmetics store; online retail store featuring cosmetics; online retail store featuring footwear
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
       FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (003)(class added)
INTERNATIONAL CLASS 003
DESCRIPTION Colognes, perfumes and cosmetics
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (004)(class added)
INTERNATIONAL CLASS 004
DESCRIPTION Candles; scented candles
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (009)(class added)
INTERNATIONAL CLASS 009
DESCRIPTION
Eyeglass cases; eyeglasses; ski goggles; ski helmets; sunglasses and spectacles; bags adapted for laptops
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (014)(class added)
INTERNATIONAL CLASS 014
DESCRIPTION
Charms for key chains; charms for key rings; key chains; jewelry
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (016)(class added)
INTERNATIONAL CLASS 016
DESCRIPTION
Boxes of paper or cardboard; gift boxes; packing paper; paper bags; paper gift wrapping ribbons; passport cases
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (018)(class added)
INTERNATIONAL CLASS 018
DESCRIPTION
Umbrellas; luggage; duffel bags for travel; business card cases; credit card cases; diaper bags; luggage tags; belt bags and hip bags; backpacks; cosmetic cases sold empty; handbags, purses and wallets; leather bags; leather cases; leather handbags; leather wallets; shoulder bags
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (026)(class added)
INTERNATIONAL CLASS 026
DESCRIPTION Zipper pulls; buttons for clothing
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (028)(class added)
INTERNATIONAL CLASS 028
DESCRIPTION
Alpine skis; cross-country skis; bags adapted for skis; bags adapted for snowboards; ski covers; ski poles; snowboards
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (037)(class added)
INTERNATIONAL CLASS 037
DESCRIPTION
Fur cleaning and repair services; clothing repair; leather cleaning
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1931879
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 11/21/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The foreign application No.1931879 which forms the basis for a priority claim under Section 44(d) has not yet matured into a registration in the applicant's country of origin. I hereby request that the application be suspended.
PAYMENT SECTION
NUMBER OF CLASSES 9
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 2475
SIGNATURE SECTION
DECLARATION SIGNATURE /cguy1/
SIGNATORY'S NAME Caroline Guy
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 5144390781
DATE SIGNED 05/31/2019
RESPONSE SIGNATURE /cguy1/
SIGNATORY'S NAME Caroline Guy
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 5144390781
DATE SIGNED 05/31/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri May 31 16:39:34 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
90531163934536644-8820918
8-620ad5b8f8bda6b4ae72438
2f68fe807dcfc4c733c6b09c3
4a251897a4d9acc9914-CC-32
30-20190531162850290250



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. 88209188 MACKAGE(Standard Characters, see http://uspto.report/TM/88209188/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 colognes, perfumes and cosmetics; candles; scented candles; eyeglass cases; eyeglasses; ski goggles; ski helmets; sunglasses and spectacles; bags adapted for laptops; charms for key chains; charms for key rings; key chains; jewelry; boxes of paper or cardboard; gift boxes; packing paper; paper bags; paper gift wrapping ribbons; passport cases; umbrellas; luggage; duffel bags for travel; card cases; diaper bags; luggage tags; belt bags and hip bags; backpacks; cosmetic cases sold empty; handbags, purses and wallets; leather bags; leather cases; leather handbags; leather wallets; shoulder bags; athletic apparel, namely, t-shirts, sweater, pants, sweat pants; sweatshirts balaclavas; bathing suits; boots; fake fur jackets; head bands; leg warmers; shoes; ski boots; ski clothing; ski wear; sneakers; snowboard jackets; snowboard pants; snowboard shoes; socks; swimsuits; winter boots; children outerwear, namely, coats and jackets; bomber jackets; bomber vests; fur jackets; hooded jackets; leather coats; leather jackets; leather pants; vests; coats; ski suits; overcoats; pea coats; rainwear; suede jackets; trench coats; waterproof jackets; winter jackets; belts; blazers; blouses; coats; hats; pants; parkas; ponchos; shirts; skirts; capes; down jackets; snow pants; gloves; shawls and stoles; combi pants; dresses; leggings; scarves; shorts; sweaters; t-shirts; ribbons; zipper pulls; buttons for clothing; alpine skis; cross-country skis; bags adapted for skis; bags adapted for snowboards; ski covers; ski poles; snow boards
Original Filing Basis:
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[ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: colognes, perfumes and cosmetics; Athletic apparel, namely, t-shirts, sweater, pants, sweat pants; candles; sweatshirts balaclavas; scented candles; bathing suits; eyeglass cases; boots; eyeglasses; fake fur jackets; ski goggles; head bands; ski helmets; leg warmers; sunglasses and spectacles; shoes; bags adapted for laptops; ski boots; charms for key chains; ski clothing, namely, pants and jackets; charms for key rings; ski wear; key chains; sneakers; jewelry; snowboard jackets; boxes of paper or cardboard; snowboard pants; gift boxes; snowboard shoes; packing paper; socks; paper bags; swimsuits; paper gift wrapping ribbons; winter boots; passport cases; children outerwear, namely, coats and jackets; umbrellas; bomber jackets; luggage; bomber vests; duffel bags for travel; fur jackets; card cases; hooded jackets; diaper bags; leather coats; luggage tags; leather jackets; belt bags and hip bags; leather pants; backpacks; vests; cosmetic cases sold empty; coats; handbags, purses and wallets; ski suits; leather bags; overcoats; leather cases; pea coats; leather handbags; rainwear; leather wallets; suede jackets; shoulder bags; trench coats; waterproof jackets; winter jackets; belts; blazers; blouses; coats; hats; pants; parkas; ski clothing; ponchos; shirts; skirts; capes; down jackets; snow pants; gloves; shawls and stoles; combi pants; dresses; leggings; scarves; shorts; sweaters; t-shirts; ribbons; zipper pulls; buttons for clothing; alpine skis; cross-country skis; bags adapted for skis; bags adapted for snowboards; ski covers; ski poles; snow boardsClass 025 for Athletic apparel, namely, t-shirts, sweater, pants, sweat pants; sweatshirts balaclavas; bathing suits; boots; fake fur jackets; head bands; leg warmers; shoes; ski boots; ski clothing, namely, pants and jackets; ski wear; sneakers; snowboard jackets; snowboard pants; snowboard shoes; socks; swimsuits; winter boots; children outerwear, namely, coats and jackets; bomber jackets; bomber vests; fur jackets; hooded jackets; leather coats; leather jackets; leather pants; vests; coats; ski suits; overcoats; pea coats; rainwear; suede jackets; trench coats; waterproof jackets; winter jackets; belts; blazers; blouses; coats; hats; pants; parkas; ponchos; shirts; skirts; capes; down jackets; snow pants; gloves; shawls and stoles; combi pants; dresses; leggings; scarves; shorts; sweaters; t-shirts
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for online retail store featuring of clothing; organization of fashion shows for promotional purposes; retail clothing stores; wholesale distributorship featuring clothing; wholesale distributorship featuring cosmetics; retail cosmetics store; online retail store featuring cosmetics; online retail store featuring footwear; fur cleaning, care and repair services; clothing repair; leather cleaning
Original Filing Basis:
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[ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Online retail store featuring of clothing; organization of fashion shows for promotional purposes; retail clothing stores; wholesale distributorship featuring clothing; wholesale distributorship featuring cosmetics; retail cosmetics store; online retail store featuring cosmetics; online retail store featuring footwear; fur cleaning, care and repair services; clothing repair; leather cleaningClass 035 for Online retail store featuring of clothing; organization of fashion shows for promotional purposes; retail clothing stores; wholesale distributorship featuring clothing; wholesale distributorship featuring cosmetics; retail cosmetics store; online retail store featuring cosmetics; online retail store featuring footwear
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 003 for Colognes, perfumes and cosmetics
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 004 for Candles; scented candles
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 [ __________ application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Eyeglass cases; eyeglasses; ski goggles; ski helmets; sunglasses and spectacles; bags adapted for laptops
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 014 for Charms for key chains; charms for key rings; key chains; jewelry
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 016 for Boxes of paper or cardboard; gift boxes; packing paper; paper bags; paper gift wrapping ribbons; passport cases
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 018 for Umbrellas; luggage; duffel bags for travel; business card cases; credit card cases; diaper bags; luggage tags; belt bags and hip bags; backpacks; cosmetic cases sold empty; handbags, purses and wallets; leather bags; leather cases; leather handbags; leather wallets; shoulder bags
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 026 for Zipper pulls; buttons for clothing
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 028 for Alpine skis; cross-country skis; bags adapted for skis; bags adapted for snowboards; ski covers; ski poles; snowboards
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 037 for Fur cleaning and repair services; clothing repair; leather cleaning
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 [ Canada application number 1931879 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The foreign application No.1931879 which forms the basis for a priority claim under Section 44(d) has not yet matured into a registration in the applicant's country of origin. I hereby request that the application be suspended.


FEE(S)
Fee(s) in the amount of $2475 is being submitted.

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: /cguy1/      Date: 05/31/2019
Signatory's Name: Caroline Guy
Signatory's Position: Attorney of Record
Signatory's Phone Number: 5144390781


Response Signature
Signature: /cguy1/     Date: 05/31/2019
Signatory's Name: Caroline Guy
Signatory's Position: Attorney of Record

Signatory's Phone Number: 5144390781

The signatory has confirmed that he/she is a Canadian attorney/agent, or an associate thereof, who represents an owner/holder located in Canada; that he/she is either registered with the USPTO and in good standing as a patent agent under 37 C.F.R. §11.6(c) or he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c) by the USPTO's Office of Enrollment and Discipline; and, that to the best of his/her knowledge, if prior to his/her appointment another Canadian attorney/agent or a U.S. attorney 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 Canadian attorney/agent or U.S. attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 88209188
RAM Accounting Date: 06/03/2019
        
Serial Number: 88209188
Internet Transmission Date: Fri May 31 16:39:34 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201905311639345366
44-88209188-620ad5b8f8bda6b4ae724382f68f
e807dcfc4c733c6b09c34a251897a4d9acc9914-
CC-3230-20190531162850290250


Response to Office Action [image/jpeg]


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