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 |
88257932 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88257932/mark.png |
LITERAL ELEMENT |
COMFORTZONE |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
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 Applicant respectfully requests that the likelihood of confusion refusal be withdrawn and the application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. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Footwear |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2013 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2013 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Footwear |
FILING BASIS |
Section 1(b) |
DELETED FILING BASIS |
1(a); |
ATTORNEY SECTION (new) |
NAME |
Christine M. Hernandez |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
VF Intellectual Property Services, Inc. |
INTERNAL ADDRESS |
200 Hanby Building |
STREET |
3411 Silverside Road |
CITY |
Wilmington |
STATE |
Delaware |
POSTAL CODE |
19810 |
COUNTRY |
United States |
PHONE |
302-529-3247 |
FAX |
302-477-1399 |
EMAIL |
christine_hernandez@vfc.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
WD03596/US |
CORRESPONDENCE SECTION (current) |
NAME |
CHRISTINE M. HERNANDEZ |
FIRM NAME |
VF INTELLECTUAL PROPERTY SERVICES, INC. |
INTERNAL ADDRESS |
200 HANBY BUILDING |
STREET |
3411 SILVERSIDE ROAD |
CITY |
WILMINGTON |
STATE |
Delaware |
POSTAL CODE |
19810 |
COUNTRY |
US |
PHONE |
302-529-3247 |
FAX |
302-477-1399 |
EMAIL |
christine_hernandez@vfc.com; pellegj@vfc.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
WD03596/US |
CORRESPONDENCE SECTION (proposed) |
NAME |
Christine M. Hernandez |
FIRM NAME |
VF Intellectual Property Services, Inc. |
INTERNAL ADDRESS |
200 Hanby Building |
STREET |
3411 Silverside Road |
CITY |
Wilmington |
STATE |
Delaware |
POSTAL CODE |
19810 |
COUNTRY |
United States |
PHONE |
302-529-3247 |
FAX |
302-477-1399 |
EMAIL |
christine_hernandez@vfc.com; pellegj@vfc.com; trademarks@sandsip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
WD03596/US |
SIGNATURE SECTION |
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 |
/Christine M. Hernandez/ |
SIGNATORY'S NAME |
Christine M. Hernandez |
SIGNATORY'S POSITION |
Vice President/Secretary and General Counsel |
SIGNATORY'S PHONE NUMBER |
302-529-3247 |
DATE SIGNED |
09/05/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Sep 05 16:43:29 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XX-2
0190905164329203691-88257
932-61070e230da5678198685
114cb8ebab125556b2c657ec4
b00716f93347e62-N/A-N/A-2
0190905160408882395 |
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