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. 88237878 1.1 MILLIONAIRES(Standard Characters, see http://uspto.report/TM/88237878/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 Spectacles, sunglasses, Cases for eyeglasses and sunglasses
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ France application number 4463257 filed 06/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 4463257 registered 06/21/2018 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 009 for Spectacles, sunglasses, Cases for eyeglasses and sunglasses
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ France application number 4463257 filed 06/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 4463257 registered 06/21/2018 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-20671224226-170901070_._IRES_French_Certificate_of_Reg._No._4463257__F2866979x96B9E_.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Original PDF file:
FRU0-1-20671224226-170901070_.__English_Translation_of_French_Registration__F3174760x96B9E_.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Original PDF file:
FRU0-20671224226-170901070_._cts_and_English_translation_-_Louis_Vuitton__F3174663x96B9E_.pdf
Converted PDF file(s) ( 12 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current attorney information: Charles T. J. Weigell. Charles T. J. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is LVT 1814417.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Weigell-Docket@fzlz.com

The applicants proposed attorney information: Charles T. J. Weigell. Charles T. J. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      151 West 42nd St.,17th Floor
      NEW YORK, New York 10036
      United States
The docket/reference number is LVT 1814417.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Weigell-Docket@fzlz.com

Charles T. J. Weigell 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: CHARLES T. J. WEIGELL. CHARLES T. J. WEIGELL of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is LVT 1814417.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Weigell-Docket@fzlz.com

The applicants proposed correspondence information: Charles T. J. Weigell. Charles T. J. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      151 West 42nd St.,17th Floor
      NEW YORK, New York 10036
      United States
The docket/reference number is LVT 1814417.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Weigell-Docket@fzlz.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
1.1 MILLIONAIRES appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
Applicant underwent an entity conversion on June 18, 2018 from a société anonyme to a société par actions simplifiée. In the time since the issuance of the French registration, this conversion has been recorded. Included in this response is the entity conversion paperwork with an English translation of the same.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_20671224226-170901070_._1.1_MILLIONAIRES_-_Signed_Application_Form__F3167839x96B9E_.pdf
Converted PDF file(s) (3 pages)
Signature File1
Signature File2
Signature File3
Signatory's Name: Karine Chala
Signatory's Position: Senior IP In-House Counsel

Response Signature
Signature: /ctw/     Date: 08/22/2019
Signatory's Name: Charles T. J. Weigell
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212-813-8239

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:    CHARLES T. J. WEIGELL
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   4 TIMES SQUARE, 17TH FLOOR
   NEW YORK, New York 10036
Mailing Address:    Charles T. J. Weigell
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 West 42nd St.,17th Floor
   NEW YORK, New York 10036
        
Serial Number: 88237878
Internet Transmission Date: Thu Aug 22 18:31:33 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX6-201908221831332
74349-88237878-610b26a6c8cf52d3b79441cba
8ea28454ba85aa1c7d7e548e7d0f2243e4715186
-N/A-N/A-20190822170901070729