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. 88213101 APB ANTONIO BIANCO PINK BOTTOMS HIGH FASHION, CASUAL AND SPORT SHOES & ACCESSORIES (Stylized and/or with Design, see http://uspto.report/TM/88213101/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 008 for Golf shoe spike wrenches

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Diving equipment, namely, protective diving shoes; Protective industrial shoes

Applicant hereby deletes the following class of goods/services from the application.
Class 010 for Arch supports for boots or shoes; Surgical shoe covers

Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Decorative stickers for soles of shoes

Applicant hereby deletes the following class of goods/services from the application.
Class 020 for Shoe racks

Applicant hereby deletes the following class of goods/services from the application.
Class 021 for Shoe brushes; Shoe horns; Shoe shine cloths; Shoe stretchers; Shoe stretchers of wood

Applicant hereby deletes the following class of goods/services from the application.
Class 022 for Shoe bags for storage

Applicant hereby deletes the following class of goods/services from the application.
Class 028 for Shoes for dolls; Snow shoes

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 002 for Shoe dyes
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: Class 002 for Shoe dyes
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 proposes to amend the following class of goods/services in the application:
Current: Class 014 for Shoe jewellery; Shoe jewelry
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: Class 014 for Shoe jewellery; Shoe jewelry
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 proposes to amend the following class of goods/services in the application:
Current: Class 018 for Shoe bags for travel; Leather for shoes
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: Shoe bags for travel; Leather for shoesClass 018 for Leather for shoes
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 proposes to amend the following class of goods/services in the application:
Current: Class 024 for Ballistic resistant fabrics for use in the production of bulletproof and blast proof clothing, shoes and bullet proof and blast proof garments and shields; Fabric for boots and shoes; Linen lining fabric for shoes
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: Class 024 for Ballistic resistant fabrics for use in the production of bulletproof and blast proof clothing, shoes and bullet proof and blast proof garments and shields; Fabric for boots and shoes; Linen lining fabric for shoes
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 proposes to amend the following class of goods/services in the application:
Current: Class 025 for Shoe accessories, namely, fitted decorative covers for shoes; Shoe covers for use when wearing shoes; Shoe inserts for primarily non-orthopedic purposes; Shoe inserts for primarily non-orthopedic purposes that also deodorize shoes; Shoe liners; Shoe soles; Shoe soles for repair; Shoe straps; Shoe uppers; Shoes; Shoes featuring pink bottom shoes; Shoes for protection of airline passengers' feet during airport security screening; Shoes for pink insoles; Shoes made in whole or in substantial part of pink bottom and insole for protection of airline passengers' feet during airport security screening; Shoes with hook and pile fastening tapes; Anglers' shoes; Apres-ski shoes; Aqua shoes; Athletic shoes; Ballet shoes; Ballroom dancing shoes; Baseball shoes; Basketball shoes; Beach shoes; Boat shoes; Bowling shoes; Boxing shoes; Brogue shoes; Canvas shoes; Cleats for attachment to sports shoes; Cycling shoes; Dance shoes; Deck-shoes; Dress shoes; Drivers as shoes; Esparto shoes or sandals; Fitted shoe or boot covering to protect the shoes or boot from water or other damage; Foot volleyball shoes; Football shoes; Golf shoes; Gymnastic shoes; Handball shoes; Heel pieces for shoes; Hockey shoes; Infants' shoes and boots; Insoles; Knitted baby shoes; Leather shoes; Leisure shoes; Mountaineering shoes; Nursing shoes; Oxford shoes; Paper shoes used when going through metal detectors to keep feet and socks clean; Platform shoes; Polymer custom cushioned shoe inserts for primarily non-orthopedic purposes; Protective metal members for shoes and boots; Riding shoes; Rubber shoes; Rugby shoes; Running shoes; Running pads that strap onto shoes; Sandals and beach shoes; Ski and snowboard shoes and parts thereof; Skiing shoes; Soccer shoes; Spiked running shoes; Sports shoes; Tap shoes; Tennis shoes; Tongue or pullstrap for shoes and boots; Track and field shoes; Training shoes; Volleyball shoes; Water repelling leather shoes and boots; Waterproof leather shoes; Waterproof leather shoes and boots; Wearable computers in the nature of activity trackers sold as integral components of running shoes; Welts for boots and shoes; Women's shoes; Women's shoes, namely, foldable flats; Wooden shoes; Work shoes and boots
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: Shoe accessories, namely, fitted decorative covers for shoes; Shoe covers for use when wearing shoes; Shoe inserts for primarily non-orthopedic purposes; Shoe inserts for primarily non-orthopedic purposes that also deodorize shoes; Shoe liners; Shoe soles; Shoe soles for repair; Shoe straps; Shoe uppers; Shoes; Shoes featuring pink bottom shoes; Shoes for protection of airline passengers' feet during airport security screening; Shoes for pink insoles; pink insoles for shoes; Shoes made in whole or in substantial part of pink bottom and insole for protection of airline passengers' feet during airport security screening; Shoes with hook and pile fastening tapes; Anglers' shoes; Apres-ski shoes; Aqua shoes; Athletic shoes; Ballet shoes; Ballroom dancing shoes; Baseball shoes; Basketball shoes; Beach shoes; Boat shoes; Bowling shoes; Boxing shoes; Brogue shoes; Canvas shoes; Cleats for attachment to sports shoes; Cycling shoes; Dance shoes; Deck-shoes; Dress shoes; Drivers as shoes; Esparto shoes or sandals; Fitted shoe or boot covering to protect the shoes or boot from water or other damage; Foot volleyball shoes; Football shoes; Golf shoes; Gymnastic shoes; Handball shoes; Heel pieces for shoes; Hockey shoes; Infants' shoes and boots; Insoles; Knitted baby shoes; Leather shoes; Leisure shoes; Mountaineering shoes; Nursing shoes; Oxford shoes; Paper shoes used when going through metal detectors to keep feet and socks clean; Platform shoes; Polymer custom cushioned shoe inserts for primarily non-orthopedic purposes; Protective metal members for shoes and boots; Riding shoes; Rubber shoes; Rugby shoes; Running shoes; Running pads that strap onto shoes; Sandals and beach shoes; Ski and snowboard shoes and parts thereof; Skiing shoes; Soccer shoes; Spiked running shoes; Sports shoes; Tap shoes; Tennis shoes; Tongue or pullstrap for shoes and boots; Tongue or pull strap for shoes and boots; Track and field shoes; Training shoes; Volleyball shoes; Water repelling leather shoes and boots; Waterproof leather shoes; Waterproof leather shoes and boots; Wearable computers in the nature of activity trackers sold as integral components of running shoes; Welts for boots and shoes; Women's shoes; Women's shoes, namely, foldable flats; Women's shoes, namely, fold-able flats; Wooden shoes; Work shoes and bootsClass 025 for Shoe accessories, namely, fitted decorative covers for shoes; Shoe covers for use when wearing shoes; Shoe inserts for primarily non-orthopedic purposes; Shoe inserts for primarily non-orthopedic purposes that also deodorize shoes; Shoe liners; Shoe soles; Shoe soles for repair; Shoe straps; Shoe uppers; Shoes; Shoes featuring pink bottom shoes; Shoes for protection of airline passengers' feet during airport security screening; pink insoles for shoes; Shoes made in whole or in substantial part of pink bottom and insole for protection of airline passengers' feet during airport security screening; Shoes with hook and pile fastening tapes; Anglers' shoes; Apres-ski shoes; Aqua shoes; Athletic shoes; Ballet shoes; Ballroom dancing shoes; Baseball shoes; Basketball shoes; Beach shoes; Boat shoes; Bowling shoes; Boxing shoes; Brogue shoes; Canvas shoes; Cleats for attachment to sports shoes; Cycling shoes; Dance shoes; Deck-shoes; Dress shoes; Drivers as shoes; Esparto shoes or sandals; Fitted shoe or boot covering to protect the shoes or boot from water or other damage; Foot volleyball shoes; Football shoes; Golf shoes; Gymnastic shoes; Handball shoes; Heel pieces for shoes; Hockey shoes; Infants' shoes and boots; Insoles; Knitted baby shoes; Leather shoes; Leisure shoes; Mountaineering shoes; Nursing shoes; Oxford shoes; Paper shoes used when going through metal detectors to keep feet and socks clean; Platform shoes; Polymer custom cushioned shoe inserts for primarily non-orthopedic purposes; Protective metal members for shoes and boots; Riding shoes; Rubber shoes; Rugby shoes; Running shoes; Running pads that strap onto shoes; Sandals and beach shoes; Ski and snowboard shoes and parts thereof; Skiing shoes; Soccer shoes; Spiked running shoes; Sports shoes; Tap shoes; Tennis shoes; Tongue or pull strap for shoes and boots; Track and field shoes; Training shoes; Volleyball shoes; Water repelling leather shoes and boots; Waterproof leather shoes; Waterproof leather shoes and boots; Wearable computers in the nature of activity trackers sold as integral components of running shoes; Welts for boots and shoes; Women's shoes; Women's shoes, namely, fold-able flats; Wooden shoes; Work shoes and boots
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 proposes to amend the following class of goods/services in the application:
Current: Class 026 for Shoe buckles; Shoe eyelet covers; Shoe eyelets; Shoe fasteners; Shoe laces; Shoe laces made in whole or in substantial part of pink hues all shades; Shoe strings; Shoe trimmings; Charms for shoes; Elastic shoe laces and fasteners sold as unit; Fasteners for shoes and boots; Hook and loop fasteners for use in the manufacture of clothing and shoes; Metal fasteners for shoes and boots
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: Class 026 for Shoe buckles; Shoe eyelet covers; Shoe eyelets; Shoe fasteners; Shoe laces; Shoe laces made in whole or in substantial part of pink hues all shades; Shoe strings; Shoe trimmings; Charms for shoes; Elastic shoe laces and fasteners sold as unit; Fasteners for shoes and boots; Hook and loop fasteners for use in the manufacture of clothing and shoes; Metal fasteners for shoes and boots
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 proposes to amend the following class of goods/services in the application:
Current: Class 040 for Shoe staining and dyeing
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: Class 040 for Shoe staining and dyeing
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Pink Bottoms in Classes 18, 25 and HIGH FASHION, CASUAL AND SPORT SHOES & ACCESSORIES apart from the mark as shown.


Color Claim
The color(s) pink, light pink, dark pink, and black is/are claimed as a feature of the mark.

Description of mark
The mark consists of the terms ABP in a circular shape with the letter A in light pink, the letter B in dark pink and the letter P in pink. The letters are separated by a small black diamond. The wording ANTONIO BIANCO PINK BOTTOMS appears in below in black.The terms SHOES & ACCESSORIES in black appears under HIGH FASHION, CASUAL AND SPORTS.

Miscellaneous Statement
The following statement: The name shown in the mark identifies a living individual whose consent to register is made of record. A written consent, personally signed by the named individual, as follows: I, Antonio Bianco Chambers, consent to the use and registration of my name, ANTONIO BIANCO, AS A TRADEMARK AND /OR SERVICES MARK WITH THE USPTO


FEE(S)
Fee(s) in the amount of $1650 is being submitted.

SIGNATURE(S)
Response Signature
Signature: /Antonio Bianco Chambers/     Date: 04/17/2019
Signatory's Name: Antonio Bianco Chambers
Signatory's Position: Owner

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.

        
RAM Sale Number: 88213101
RAM Accounting Date: 04/18/2019
        
Serial Number: 88213101
Internet Transmission Date: Wed Apr 17 13:50:08 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190417135008
445836-88213101-62052fa9c2e1598f6c338dcc
917b8ce230f84c6f3352b7eb1459ebb82ecf84b5
6-CC-104-20190417132534666659