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 |
88218336 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88218336/mark.png |
LITERAL ELEMENT |
V |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Protective covers and cases for cellphones, laptops and portable media players; Headsets for mobile phones; headphones, earphones;
Eyewear, sunglasses, sunglass cases |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Protective covers and cases for cellphones, laptops and portable media players; Headsets
for mobile phones; headphones, earphones; Eyewear, sunglasses, sunglass cases; Bags adapted for
laptops |
FINAL DESCRIPTION |
Protective covers and cases for cellphones, laptops and portable media players; Headsets for mobile phones; headphones, earphones;
Eyewear, sunglasses, sunglass cases; Bags adapted for laptops |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
All-purpose carrying bags, purses, shoulder bags, hang bags, beach bags, messenger bags, overnight bags, shoulder bags, backpacks and
laptop bags; Wallets |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
All-purpose carrying bags, purses, shoulder bags, hang bags, beach bags, messenger bags, overnight bags,
shoulder bags, backpacks and laptop bags; All-purpose carrying bags, purses, shoulder bags, hand bags, beach bags, messenger bags, overnight bags, shoulder bags,
and backpacks; Wallets |
FINAL DESCRIPTION |
All-purpose carrying bags, purses, shoulder bags, hand bags, beach bags, messenger bags, overnight bags, shoulder bags, and backpacks;
Wallets |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
On-line and in-store wholesale and retail services featuring footwear, clothing, and accessories |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
On-line and in-store wholesale and retail services featuring footwear, clothing, and accessories;
On-line and in-store wholesale store services and retail store services featuring footwear, clothing, and accessories |
FINAL DESCRIPTION |
On-line and in-store wholesale store services and retail store services featuring footwear, clothing, and accessories |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment, competition, and education services featuring music, art and sports; Providing sports facilities in the nature of action
sports; Entertainment services producing and distributing on-line television programs featuring sports, music, and news |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Entertainment, competition, and education services featuring music, art and sports; Entertainment services in the nature of presenting live musical performances and conducting of sports competitions; Providing sports
facilities in the nature of action sports; Providing sports facilities for action sports; Entertainment services
producing and distributing on-line television programs featuring sports, music, and news; Entertainment services, namely, production and distribution of on-line
television programs featuring sports, music, and news; Educational services, namely, instructional videos in the field of action sports; Organizing music, art, and sports competitions; Educational services, namely, conducting classes, workshops, camps, and clinics in the
fields of music, art, and action sports |
FINAL DESCRIPTION |
Entertainment services in the nature of presenting live musical performances and conducting of sports competitions; Providing sports
facilities for action sports; Entertainment services, namely, production and distribution of on-line television programs featuring sports, music, and news; Educational services, namely, instructional
videos in the field of action sports; Organizing music, art, and sports competitions; Educational services, namely, conducting classes, workshops, camps, and clinics in the fields of music, art, and
action sports |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/mdv/ |
SIGNATORY'S NAME |
Michael D. Villec |
SIGNATORY'S POSITION |
Global Intellectual Property Manager |
SIGNATORY'S PHONE NUMBER |
000.000.0000 |
DATE SIGNED |
04/09/2019 |
RESPONSE SIGNATURE |
/Aaron Y. Silverstein/ |
SIGNATORY'S NAME |
Aaron Y. Silverstein |
SIGNATORY'S POSITION |
Attorney of record, MA/NY bar member |
SIGNATORY'S PHONE NUMBER |
+1.978.463.9100 |
DATE SIGNED |
04/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Apr 09 12:10:00 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.X.XX.XXX-20
190409121000892178-882183
36-62013ee99a55d897f14dd7
08a4d165fbda6e42cb0ccc22a
118331ad01b3aa0266a-N/A-N
/A-20190409113805835677 |
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.
88218336 V (Stylized and/or with Design, see http://uspto.report/TM/88218336/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 009 for Protective covers and cases for cellphones, laptops and portable media players; Headsets for mobile phones; headphones, earphones; Eyewear, sunglasses, sunglass
cases
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: Protective covers and cases for cellphones, laptops and portable media players;
Headsets for mobile phones;
headphones, earphones;
Eyewear, sunglasses, sunglass cases;
Bags adapted for laptopsClass 009 for
Protective covers and cases for cellphones, laptops and portable media players; Headsets for mobile phones; headphones, earphones; Eyewear, sunglasses, sunglass cases; Bags adapted for laptops
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 All-purpose carrying bags, purses, shoulder bags, hang bags, beach bags, messenger bags, overnight bags, shoulder bags, backpacks and laptop bags; Wallets
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: All-purpose carrying bags, purses, shoulder bags, hang bags, beach bags, messenger bags, overnight bags, shoulder bags, backpacks and
laptop bags;
All-purpose carrying bags, purses, shoulder bags, hand bags, beach bags, messenger bags, overnight bags, shoulder bags, and backpacks;
WalletsClass 018 for All-purpose carrying bags, purses, shoulder bags, hand bags, beach bags, messenger bags, overnight bags, shoulder bags, and backpacks; Wallets
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 035 for On-line and in-store wholesale and retail services featuring footwear, clothing, and accessories
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: On-line and in-store wholesale and retail services featuring footwear, clothing, and accessories;
On-line and in-store wholesale store services and retail store services featuring footwear, clothing, and accessoriesClass 035 for On-line and in-store wholesale store services and retail
store services featuring footwear, clothing, and accessories
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 041 for Entertainment, competition, and education services featuring music, art and sports; Providing sports facilities in the nature of action sports; Entertainment services
producing and distributing on-line television programs featuring sports, music, and news
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: Entertainment, competition, and education services featuring music, art and sports;
Entertainment
services in the nature of presenting live musical performances and conducting of sports competitions;
Providing sports facilities in the nature of action
sports;
Providing sports facilities for action sports;
Entertainment services producing and distributing on-line
television programs featuring sports, music, and news;
Entertainment services, namely, production and distribution of on-line television programs featuring
sports, music, and news;
Educational services, namely, instructional videos in the field of action sports;
Organizing
music, art, and sports competitions;
Educational services, namely, conducting classes, workshops, camps, and clinics in the fields of music, art, and action
sportsClass 041 for Entertainment services in the nature of presenting live musical performances and conducting of sports competitions; Providing sports facilities for action sports;
Entertainment services, namely, production and distribution of on-line television programs featuring sports, music, and news; Educational services, namely, instructional videos in the field of action
sports; Organizing music, art, and sports competitions; Educational services, namely, conducting classes, workshops, camps, and clinics in the fields of music, art, and action sports
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.
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: /mdv/ Date: 04/09/2019
Signatory's Name: Michael D. Villec
Signatory's Position: Global Intellectual Property Manager
Signatory's Phone Number: 000.000.0000
Response Signature
Signature: /Aaron Y. Silverstein/ Date: 04/09/2019
Signatory's Name: Aaron Y. Silverstein
Signatory's Position: Attorney of record, MA/NY bar member
Signatory's Phone Number: +1.978.463.9100
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88218336
Internet Transmission Date: Tue Apr 09 12:10:00 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.X.XX.XXX-20190409121000892
178-88218336-62013ee99a55d897f14dd708a4d
165fbda6e42cb0ccc22a118331ad01b3aa0266a-
N/A-N/A-20190409113805835677