Response to Office Action

HELIUM

Pitoscia, Anthony

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 88227733
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK http://uspto.report/TM/88227733/mark.png
LITERAL ELEMENT HELIUM
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 (current)
INTERNATIONAL CLASS 020
DESCRIPTION
Mattresses; Bed frames; Bed pillows; Sheets; Duvets; Mattress protectors; Bed throws; Bed skirts; Fitted bed sheets; Bed linen; Bed blankets; Pillow cases; Bed spreads
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 020
TRACKED TEXT DESCRIPTION
Mattresses; Bed frames; Bed pillows; Bed pillows.; Sheets; Duvets; Mattress protectors; Bed throws; Bed skirts; Fitted bed sheets; Bed linen; Bed blankets; Pillow cases; Bed spreads
FINAL DESCRIPTION Mattresses; Bed frames; Bed pillows.
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT This response is being resubmitted to correct the Applicant's name to Anthony Pitoscia on the response. In response to the Office Action of 03-13-2019, please see attached Applicant's arguments in favor of its request for registration.
        MISCELLANEOUS FILE NAME(S)
       ORIGINAL PDF FILE mis-10424527130-20190501111810630218_._88227733_Resp_NFOA_05012019.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\277\88227733\xml5\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\277\88227733\xml5\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\277\88227733\xml5\ROA0004.JPG
SIGNATURE SECTION
RESPONSE SIGNATURE /Derek Fahey/
SIGNATORY'S NAME Derek Fahey
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 9543323584
DATE SIGNED 05/01/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed May 01 11:20:30 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20190501112030166558-8822
7733-620a54a93a1b2d437854
2a464332d3d8eff4538caaad6
a6f295c586ff63ba5dfeb-N/A
-N/A-20190501111810630218



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. 88227733 HELIUM(Standard Characters, see http://uspto.report/TM/88227733/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 020 for Mattresses; Bed frames; Bed pillows; Sheets; Duvets; Mattress protectors; Bed throws; Bed skirts; Fitted bed sheets; Bed linen; Bed blankets; Pillow cases; Bed spreads
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: Mattresses; Bed frames; Bed pillows; Bed pillows.; Sheets; Duvets; Mattress protectors; Bed throws; Bed skirts; Fitted bed sheets; Bed linen; Bed blankets; Pillow cases; Bed spreadsClass 020 for Mattresses; Bed frames; Bed pillows.
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
Miscellaneous Statement
This response is being resubmitted to correct the Applicant's name to Anthony Pitoscia on the response. In response to the Office Action of 03-13-2019, please see attached Applicant's arguments in favor of its request for registration.

Original PDF file:
mis-10424527130-20190501111810630218_._88227733_Resp_NFOA_05012019.pdf
Converted PDF file(s) ( 3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3

SIGNATURE(S)
Response Signature
Signature: /Derek Fahey/     Date: 05/01/2019
Signatory's Name: Derek Fahey
Signatory's Position: Attorney of Record

Signatory's Phone Number: 9543323584

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: 88227733
Internet Transmission Date: Wed May 01 11:20:30 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201905011120301
66558-88227733-620a54a93a1b2d4378542a464
332d3d8eff4538caaad6a6f295c586ff63ba5dfe
b-N/A-N/A-20190501111810630218


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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