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. 88228582 WEAR (Stylized and/or with Design, see http://uspto.report/TM/88228582/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 035 for Eyeglasses, sunglasses, and prescription lenses
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: Eyeglasses, sunglasses, and prescription lenses; Eyeglasses, sunglasses, and prescription eyeglass and sunglass lensesClass 035 for Eyeglasses, sunglasses, and prescription eyeglass and sunglass lenses
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.

The applicant's current attorney information: Andy Nikolopoulos. Andy Nikolopoulos of FOX ROTHSCHILD LLP, is located at

      997 LENOX DRIVE
      997 LENOX DRIVE
      LAWRENCEVILLE, New Jersey 08648
      US

The email address is ipdocket@foxrothschild.com

The applicants proposed attorney information: Andy Nikolopoulos. Andy Nikolopoulos of FOX ROTHSCHILD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      997 LENOX DRIVE
      997 LENOX DRIVE
      LAWRENCEVILLE, New Jersey 08648
      United States

The email address is ipdocket@foxrothschild.com

Andy Nikolopoulos submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ANDY NIKOLOPOULOS. ANDY NIKOLOPOULOS of FOX ROTHSCHILD LLP, is located at

      997 LENOX DRIVE
      997 LENOX DRIVE
      LAWRENCEVILLE, New Jersey 08648
      US

The email address is ipdocket@foxrothschild.com; anikolopoulos@foxrothschild.com

The applicants proposed correspondence information: Andy Nikolopoulos. Andy Nikolopoulos of FOX ROTHSCHILD LLP, is located at

      997 LENOX DRIVE
      997 LENOX DRIVE
      LAWRENCEVILLE, New Jersey 08648
      United States

The email address is ipdocket@foxrothschild.com; anikolopoulos@foxrothschild.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use WEAR apart from the mark as shown.


Description of mark
The mark consists of The mark consists of the symbol for "pi" in purple with a purple circle around it, with the word "wear" in blue to the right of the "pi" symbol. The white in the mark is background only and is not claimed as a feature of the mark.

SIGNATURE(S)
Response Signature
Signature: /Andy Nikolopoulos/     Date: 09/19/2019
Signatory's Name: Andy Nikolopoulos
Signatory's Position: Attorney of Record

Signatory's Phone Number: 2142512873

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    ANDY NIKOLOPOULOS
   FOX ROTHSCHILD LLP
   997 LENOX DRIVE
   997 LENOX DRIVE
   LAWRENCEVILLE, New Jersey 08648
Mailing Address:    Andy Nikolopoulos
   FOX ROTHSCHILD LLP
   997 LENOX DRIVE
   997 LENOX DRIVE
   LAWRENCEVILLE, New Jersey 08648
        
Serial Number: 88228582
Internet Transmission Date: Thu Sep 19 17:23:42 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201909191723429
69285-88228582-6109da6ebbf4c805770c23ee7
90c2577695bf47cc62c9f3448693af36f3a5a11-
N/A-N/A-20190919172015283788