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 |
88209318 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/88209318/mark.png |
LITERAL ELEMENT |
HOUSE BEAUTIFUL |
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 (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Bird feeders, bird houses; brushes for footwear; buckets; candle holders; candle snuffer and tray combination; cutting boards;
household utensils, namely, spatulas, barbecue tongs, barbecue fork; grill brushes for cleaning barbecue grills; lawn sprinklers; planters for flowers and plants; plastic storage containers for
household or domestic use; serving platters; watering cans; woks; tableware, namely, plates, bowls, storage canisters, serving dishes, sugar bowls and creamer sets; beverageware, including, cups,
mugs drinking glasses and pitchers; stemware made of acrylic or glass, namely, wine glasses, water goblets, martini glasses, margarita glasses; barware made of acrylic or glass, namely, bottle
stoppers, decanters, cocktail shakers, ice buckets, coasters and cocktail strainers; picnic baskets sold empty made of wood, wicker or canvas; picnic baskets made of wood, wicker of canvas containing
acrylic or porcelain dishes, and acrylic drink ware, namely, glasses and cups; vases made of ceramic, wood or |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Bird feeders, bird houses; BIRD FEEDERS; BRUSHES FOR FOOTWEAR; BUCKETS; CANDLE HOLDERS; CANDLE SNUFFER AND TRAY COMBINATION; CUTTING BOARDS; HOUSEHOLD UTENSILS, NAMELY, SPATULAS, BARBECUE TONGS, BARBECUE FORK; GRILL BRUSHES FOR CLEANING BARBECUE GRILLS;
LAWN SPRINKLERS; PLANTERS FOR FLOWERS AND PLANTS; PLASTIC STORAGE CONTAINERS FOR HOUSEHOLD OR DOMESTIC USE;
SERVING PLATTERS; WATERING CANS; WOKS; tableware, namely, plates, bowls, storage
canisters, serving dishes, sugar bowls and creamer sets; TABLEWARE, NAMELY, PLATES, BOWLS, SERVING DISHES, SUGAR BOWLS AND CREAM AND SUGAR SETS;
beverageware, including, cups, mugs drinking glasses and pitchers; KITCHEN STORAGE CANISTERS; BEVERAGEWARE, INCLUDING, CUPS, MUGS, DRINKING GLASSES AND PITCHERS; barware made of acrylic or glass, namely, bottle stoppers, decanters, cocktail
shakers, ice buckets, coasters and cocktail strainers; STEMWARE MADE OF ACRYLIC OR GLASS, NAMELY, WINE GLASSES, WATER GOBLETS, MARTINI GLASSES, MARGARITA GLASSES;
BARWARE, NAMELY, GLASS BOTTLE STOPPERS, GLASS OR ACRYLIC DECANTERS, GLASS OR ACRYLIC COCKTAIL SHAKERS, GLASS OR ACRYLIC ICE BUCKETS, GLASS OR ACRYLIC COASTERS AND
GLASS OR ACRYLIC COCKTAIL STRAINERS; picnic baskets made of wood, wicker of canvas containing acrylic or porcelain dishes, and acrylic drink ware, namely,
glasses and cups; PICNIC BASKETS SOLD EMPTY MADE OF WOOD, WICKER OR CANVAS; vases made of ceramic, wood or; PICNIC BASKETS MADE OF WOOD, WICKER OF CANVAS CONTAINING ACRYLIC OR PORCELAIN DISHES, AND ACRYLIC DRINKWARE, NAMELY, GLASSES AND CUPS; VASES MADE
OF CERAMIC, WOOD OR GLASS; NAPKIN RINGS MADE OF NON-PRECIOUS METAL, PLASTIC, WOOD, WICKER OR CERAMIC; OVEN
MITTS |
FINAL DESCRIPTION |
BIRD FEEDERS; BRUSHES FOR FOOTWEAR; BUCKETS; CANDLE HOLDERS; CANDLE SNUFFER AND TRAY COMBINATION; CUTTING BOARDS; HOUSEHOLD UTENSILS,
NAMELY, SPATULAS, BARBECUE TONGS, BARBECUE FORK; GRILL BRUSHES FOR CLEANING BARBECUE GRILLS; LAWN SPRINKLERS; PLANTERS FOR FLOWERS AND PLANTS; PLASTIC STORAGE CONTAINERS FOR HOUSEHOLD OR DOMESTIC
USE; SERVING PLATTERS; WATERING CANS; WOKS; TABLEWARE, NAMELY, PLATES, BOWLS, SERVING DISHES, SUGAR BOWLS AND CREAM AND SUGAR SETS; KITCHEN STORAGE CANISTERS; BEVERAGEWARE, INCLUDING, CUPS, MUGS,
DRINKING GLASSES AND PITCHERS; STEMWARE MADE OF ACRYLIC OR GLASS, NAMELY, WINE GLASSES, WATER GOBLETS, MARTINI GLASSES, MARGARITA GLASSES; BARWARE, NAMELY, GLASS BOTTLE STOPPERS, GLASS OR ACRYLIC
DECANTERS, GLASS OR ACRYLIC COCKTAIL SHAKERS, GLASS OR ACRYLIC ICE BUCKETS, GLASS OR ACRYLIC COASTERS AND GLASS OR ACRYLIC COCKTAIL STRAINERS; PICNIC BASKETS SOLD EMPTY MADE OF WOOD, WICKER OR
CANVAS; PICNIC BASKETS MADE OF WOOD, WICKER OF CANVAS CONTAINING ACRYLIC OR PORCELAIN DISHES, AND ACRYLIC DRINKWARE, NAMELY, GLASSES AND CUPS; VASES MADE OF CERAMIC, WOOD OR GLASS; NAPKIN RINGS MADE
OF NON-PRECIOUS METAL, PLASTIC, WOOD, WICKER OR CERAMIC; OVEN MITTS |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(class added) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
BIRD HOUSES; BARWARE MADE OF ACRYLIC, NAMELY, BOTTLE STOPPERS |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Maureen Sheehan/ |
SIGNATORY'S NAME |
Maureen Sheehan |
SIGNATORY'S POSITION |
Attorney of record, New York state bar member |
SIGNATORY'S PHONE NUMBER |
2126492010 |
DATE SIGNED |
02/14/2019 |
RESPONSE SIGNATURE |
/Maureen Sheehan/ |
SIGNATORY'S NAME |
Maureen Sheehan |
SIGNATORY'S POSITION |
Attorney of record, New York state bar member |
SIGNATORY'S PHONE NUMBER |
212 649-2022 |
DATE SIGNED |
02/15/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Feb 15 10:33:25 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.X.XX-20
190215103325658945-882093
18-62035d397a2754b4fcebbf
7d034721ed98c5bc4c6562a58
e83b27c451d617292-DA-1098
3-20190214171159848805 |
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.
88209318 HOUSE BEAUTIFUL(Standard Characters, see http://uspto.report/TM/88209318/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 021 for Bird feeders, bird houses; brushes for footwear; buckets; candle holders; candle snuffer and tray combination; cutting boards; household utensils, namely, spatulas,
barbecue tongs, barbecue fork; grill brushes for cleaning barbecue grills; lawn sprinklers; planters for flowers and plants; plastic storage containers for household or domestic use; serving
platters; watering cans; woks; tableware, namely, plates, bowls, storage canisters, serving dishes, sugar bowls and creamer sets; beverageware, including, cups, mugs drinking glasses and pitchers;
stemware made of acrylic or glass, namely, wine glasses, water goblets, martini glasses, margarita glasses; barware made of acrylic or glass, namely, bottle stoppers, decanters, cocktail shakers, ice
buckets, coasters and cocktail strainers; picnic baskets sold empty made of wood, wicker or canvas; picnic baskets made of wood, wicker of canvas containing acrylic or porcelain dishes, and acrylic
drink ware, namely, glasses and cups; vases made of ceramic, wood or
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: Bird feeders, bird houses;
BIRD FEEDERS;
BRUSHES FOR FOOTWEAR;
BUCKETS;
CANDLE HOLDERS;
CANDLE SNUFFER AND TRAY COMBINATION;
CUTTING BOARDS;
HOUSEHOLD UTENSILS, NAMELY, SPATULAS, BARBECUE TONGS, BARBECUE FORK;
GRILL BRUSHES FOR CLEANING BARBECUE GRILLS;
LAWN SPRINKLERS;
PLANTERS FOR FLOWERS AND PLANTS;
PLASTIC STORAGE CONTAINERS FOR HOUSEHOLD OR DOMESTIC USE;
SERVING PLATTERS;
WATERING CANS;
WOKS;
tableware, namely, plates, bowls, storage canisters, serving dishes, sugar bowls and
creamer sets;
TABLEWARE, NAMELY, PLATES, BOWLS, SERVING DISHES, SUGAR BOWLS AND CREAM AND SUGAR SETS;
beverageware,
including, cups, mugs drinking glasses and pitchers;
KITCHEN STORAGE CANISTERS;
BEVERAGEWARE, INCLUDING, CUPS, MUGS,
DRINKING GLASSES AND PITCHERS;
barware made of acrylic or glass, namely, bottle stoppers, decanters, cocktail shakers, ice buckets, coasters and cocktail
strainers;
STEMWARE MADE OF ACRYLIC OR GLASS, NAMELY, WINE GLASSES, WATER GOBLETS, MARTINI GLASSES, MARGARITA GLASSES;
BARWARE,
NAMELY, GLASS BOTTLE STOPPERS, GLASS OR ACRYLIC DECANTERS, GLASS OR ACRYLIC COCKTAIL SHAKERS, GLASS OR ACRYLIC ICE BUCKETS, GLASS OR ACRYLIC COASTERS AND GLASS OR ACRYLIC COCKTAIL STRAINERS;
picnic baskets made of wood, wicker of canvas containing acrylic or porcelain dishes, and acrylic drink ware, namely, glasses and cups;
PICNIC BASKETS SOLD EMPTY MADE OF WOOD, WICKER OR CANVAS;
vases made of ceramic, wood or;
PICNIC BASKETS MADE OF
WOOD, WICKER OF CANVAS CONTAINING ACRYLIC OR PORCELAIN DISHES, AND ACRYLIC DRINKWARE, NAMELY, GLASSES AND CUPS;
VASES MADE OF CERAMIC, WOOD OR GLASS;
NAPKIN RINGS MADE OF NON-PRECIOUS METAL, PLASTIC, WOOD, WICKER OR CERAMIC;
OVEN MITTSClass 021 for BIRD FEEDERS;
BRUSHES FOR FOOTWEAR; BUCKETS; CANDLE HOLDERS; CANDLE SNUFFER AND TRAY COMBINATION; CUTTING BOARDS; HOUSEHOLD UTENSILS, NAMELY, SPATULAS, BARBECUE TONGS, BARBECUE FORK; GRILL BRUSHES FOR CLEANING
BARBECUE GRILLS; LAWN SPRINKLERS; PLANTERS FOR FLOWERS AND PLANTS; PLASTIC STORAGE CONTAINERS FOR HOUSEHOLD OR DOMESTIC USE; SERVING PLATTERS; WATERING CANS; WOKS; TABLEWARE, NAMELY, PLATES, BOWLS,
SERVING DISHES, SUGAR BOWLS AND CREAM AND SUGAR SETS; KITCHEN STORAGE CANISTERS; BEVERAGEWARE, INCLUDING, CUPS, MUGS, DRINKING GLASSES AND PITCHERS; STEMWARE MADE OF ACRYLIC OR GLASS, NAMELY, WINE
GLASSES, WATER GOBLETS, MARTINI GLASSES, MARGARITA GLASSES; BARWARE, NAMELY, GLASS BOTTLE STOPPERS, GLASS OR ACRYLIC DECANTERS, GLASS OR ACRYLIC COCKTAIL SHAKERS, GLASS OR ACRYLIC ICE BUCKETS, GLASS
OR ACRYLIC COASTERS AND GLASS OR ACRYLIC COCKTAIL STRAINERS; PICNIC BASKETS SOLD EMPTY MADE OF WOOD, WICKER OR CANVAS; PICNIC BASKETS MADE OF WOOD, WICKER OF CANVAS CONTAINING ACRYLIC OR PORCELAIN
DISHES, AND ACRYLIC DRINKWARE, NAMELY, GLASSES AND CUPS; VASES MADE OF CERAMIC, WOOD OR GLASS; NAPKIN RINGS MADE OF NON-PRECIOUS METAL, PLASTIC, WOOD, WICKER OR CERAMIC; OVEN MITTS
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 020 for BIRD HOUSES; BARWARE MADE OF ACRYLIC, NAMELY, BOTTLE STOPPERS
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.
FEE(S)
Fee(s) in the amount of $275 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: /Maureen Sheehan/ Date: 02/14/2019
Signatory's Name: Maureen Sheehan
Signatory's Position: Attorney of record, New York state bar member
Signatory's Phone Number: 2126492010
Response Signature
Signature: /Maureen Sheehan/ Date: 02/15/2019
Signatory's Name: Maureen Sheehan
Signatory's Position: Attorney of record, New York state bar member
Signatory's Phone Number: 212 649-2022
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.
RAM Sale Number: 88209318
RAM Accounting Date: 02/15/2019
Serial Number: 88209318
Internet Transmission Date: Fri Feb 15 10:33:25 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20190215103325658
945-88209318-62035d397a2754b4fcebbf7d034
721ed98c5bc4c6562a58e83b27c451d617292-DA
-10983-20190214171159848805