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. 88238591 UMBRA(Standard Characters, see http://uspto.report/TM/88238591/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant respectfully requests for the likelihood of confusion refusal to be withdrawn because Applicant has amended its specifications to remove the conflicting goods and services with the cited registrations. Therefore, as amended, the application no longer conflicts with the cited registrations, and thus the likelihood of confusion refusal should be withdrawn.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Disposable nitrile gloves for general use; Disposable latex gloves for general use; Disposable plastic gloves for general use; Household plastic gloves; Gloves for household purposes; Work gloves; Plastic household gloves; Disposable gloves for home use; Rubber household gloves; Disposable plastic gloves for use in the food service industry; Household gloves for general use; Light duty utility gloves
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: Disposable nitrile gloves for general use; Disposable latex gloves for general use; Disposable nitrile gloves for use in the tattoo and body piercing industry; Disposable plastic gloves for general use; Household plastic gloves; Disposable plastic gloves for general use in the tattoo and body piercing industry; Gloves for household purposes; Work gloves; Plastic household gloves; Disposable gloves for home use; Rubber household gloves; Disposable plastic gloves for use in the food service industry; Household gloves for general use; Light duty utility glovesClass 021 for Disposable nitrile gloves for general use; Disposable nitrile gloves for use in the tattoo and body piercing industry; Disposable plastic gloves for general use; Disposable plastic gloves for general use in the tattoo and body piercing industry
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: John M. Kim. John M. Kim of IPLA, LLP, is located at

      SUITE 200
      4445 EASTGATE MALL
      SAN DIEGO, California 92121
      US

The phone number is 858-272-0220.

The fax number is 8582720221.

The email address is trademarks@ipla.com

The applicants proposed attorney information: John M. Kim. John M. Kim of IPLA, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 200
      4445 EASTGATE MALL
      SAN DIEGO, California 92121
      United States

The phone number is 858-272-0220.

The fax number is 8582720221.

The email address is trademarks@ipla.com

John M. Kim 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: JOHN M. KIM. JOHN M. KIM of IPLA, LLP, is located at

      SUITE 200
      4445 EASTGATE MALL
      SAN DIEGO, California 92121
      US

The phone number is 858-272-0220.

The fax number is 8582720221.

The email address is trademarks@ipla.com

The applicants proposed correspondence information: John M. Kim. John M. Kim of IPLA, LLP, is located at

      SUITE 200
      4445 EASTGATE MALL
      SAN DIEGO, California 92121
      United States

The phone number is 858-272-0220.

The fax number is 8582720221.

The email address is trademarks@ipla.com

SIGNATURE(S)
Response Signature
Signature: /bsw/     Date: 08/27/2019
Signatory's Name: Benjamin S. White
Signatory's Position: Attorney of record, California bar member

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:    JOHN M. KIM
   IPLA, LLP
   SUITE 200
   4445 EASTGATE MALL
   SAN DIEGO, California 92121
Mailing Address:    John M. Kim
   IPLA, LLP
   SUITE 200
   4445 EASTGATE MALL
   SAN DIEGO, California 92121
        
Serial Number: 88238591
Internet Transmission Date: Tue Aug 27 17:55:34 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20190827175534701
101-88238591-61090ad593c65926732481d8f31
72eed32c9d4887da93f4358865288021943644-N
/A-N/A-20190827165155130735