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. 88257932 COMFORTZONE (Stylized and/or with Design, see http://uspto.report/TM/88257932/mark.png) has been amended as follows:

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

In an Office Action dated March 7, 2019, the Office initially refused registration based on an alleged likelihood of confusion with U.S. Reg. No. 3525088. U.S. Reg. No. 3525088 has now gone cancelled and is no longer a bar to registration. Applicant respectfully requests that the likelihood of confusion refusal be withdrawn and the application passed to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Footwear
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 00/00/2013 and first used in commerce at least as early as 00/00/2013 , and is now in use in such commerce.

Proposed: Class 025 for Footwear
Deleted Filing Basis: 1(a)
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 hereby appoints Christine M. Hernandez. Christine M. Hernandez of VF Intellectual Property Services, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      200 Hanby Building
      3411 Silverside Road
      Wilmington, Delaware 19810
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is WD03596/US.

The phone number is 302-529-3247.

The fax number is 302-477-1399.

The email address is christine_hernandez@vfc.com

Christine M. Hernandez 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: CHRISTINE M. HERNANDEZ. CHRISTINE M. HERNANDEZ of VF INTELLECTUAL PROPERTY SERVICES, INC., is located at

      200 HANBY BUILDING
      3411 SILVERSIDE ROAD
      WILMINGTON, Delaware 19810
      US
The docket/reference number is WD03596/US.

The phone number is 302-529-3247.

The fax number is 302-477-1399.

The email address is christine_hernandez@vfc.com; pellegj@vfc.com

The applicants proposed correspondence information: Christine M. Hernandez. Christine M. Hernandez of VF Intellectual Property Services, Inc., is located at

      200 Hanby Building
      3411 Silverside Road
      Wilmington, Delaware 19810
      United States
The docket/reference number is WD03596/US.

The phone number is 302-529-3247.

The fax number is 302-477-1399.

The email address is christine_hernandez@vfc.com; pellegj@vfc.com; trademarks@sandsip.com

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Christine M. Hernandez/     Date: 09/05/2019
Signatory's Name: Christine M. Hernandez
Signatory's Position: Vice President/Secretary and General Counsel

Signatory's Phone Number: 302-529-3247

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:    CHRISTINE M. HERNANDEZ
   VF INTELLECTUAL PROPERTY SERVICES, INC.
   200 HANBY BUILDING
   3411 SILVERSIDE ROAD
   WILMINGTON, Delaware 19810
Mailing Address:    Christine M. Hernandez
   VF Intellectual Property Services, Inc.
   200 Hanby Building
   3411 Silverside Road
   Wilmington, Delaware 19810
        
Serial Number: 88257932
Internet Transmission Date: Thu Sep 05 16:43:29 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019090516432920
3691-88257932-61070e230da5678198685114cb
8ebab125556b2c657ec4b00716f93347e62-N/A-
N/A-20190905160408882395