Response to Office Action

STADRY

HomTex, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88258866
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK http://uspto.report/TM/88258866/mark.png
LITERAL ELEMENT STADRY
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_712812842-20191002223743205314_._STADRY-Arguments.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0004.JPG
       ORIGINAL PDF FILE evi_712812842-20191002223743205314_._STAY_DRY._STAY_LONGER..pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0006.JPG
       ORIGINAL PDF FILE evi_712812842-20191002223743205314_._STAYDRI.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0008.JPG
       ORIGINAL PDF FILE evi_712812842-20191002223743205314_._STAY_DRY_WHILE_GETTING_WET.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0010.JPG
       ORIGINAL PDF FILE evi_712812842-20191002223743205314_._STAY_DRY_PLUS.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0012.JPG
       ORIGINAL PDF FILE evi_712812842-20191002223743205314_._Exhibit_1-McKesson-STAYDRY.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\588\88258866\xml5\ROA0014.JPG
DESCRIPTION OF EVIDENCE FILE Arguments and exhibits
GOODS AND/OR SERVICES SECTION (020)(no change)
GOODS AND/OR SERVICES SECTION (024)(no change)
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Bras; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Headwear; Hooded sweatshirts; Pajamas; Pajamas treated with fire and heat retardants; Pants; Shirts; Shirts and short-sleeved shirts; Shorts; Sleepwear; Socks; Sweaters; Trousers; Underpants; Underwear; Athletic shorts; Athletic sweaters; Bottoms as clothing; Children's headwear; Crop pants; Dress pants; Golf shirts; Jackets; Jerseys; Knit shirts; Long underwear; Short sets; Sports pants; Sports shirts; Stretch pants; Sweat pants; Sweat shirts; T-shirts; Tops as clothing; Track pants
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
TRACKED TEXT DESCRIPTION
Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Bras; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Headwear; Hooded sweatshirts; Pajamas; Pajamas treated with fire and heat retardants; Pants; Shirts; Shirts and short-sleeved shirts; Shorts; Sleepwear; Socks; Sweaters; Trousers; Underpants; Athletic shorts; Underwear; Athletic sweaters; Bottoms as clothing; Children's headwear; Crop pants; Dress pants; Golf shirts; Jackets; Jerseys; Knit shirts; Long underwear; Short sets; Sports pants; Sports shirts; Stretch pants; Sweat pants; Sweat shirts; T-shirts; Tops as clothing; Track pants
FINAL DESCRIPTION
Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Bras; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Headwear; Hooded sweatshirts; Pajamas; Pajamas treated with fire and heat retardants; Pants; Shirts; Shirts and short-sleeved shirts; Shorts; Sleepwear; Socks; Sweaters; Trousers; Athletic shorts; Athletic sweaters; Bottoms as clothing; Children's headwear; Crop pants; Dress pants; Golf shirts; Jackets; Jerseys; Knit shirts; Long underwear; Short sets; Sports pants; Sports shirts; Stretch pants; Sweat pants; Sweat shirts; T-shirts; Tops as clothing; Track pants
FILING BASIS Section 1(b)
ATTORNEY SECTION (current)
NAME Lorri W. Cooper
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME MEDLEY, BEHRENS & LEWIS LLC
STREET 6100 ROCKSIDE WOODS BLVD., SUITE 440
CITY INDEPENDENCE
STATE Ohio
POSTAL CODE 44131
COUNTRY US
PHONE 216-264-4075
FAX 2162203134
EMAIL admin-docketing@medleybehrens.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER HOMT-0082
ATTORNEY SECTION (proposed)
NAME Lorri W. Cooper
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME MEDLEY, BEHRENS & LEWIS LLC
STREET 6100 ROCKSIDE WOODS BLVD., SUITE 440
CITY INDEPENDENCE
STATE Ohio
POSTAL CODE 44131
COUNTRY United States
PHONE 216-264-4075
FAX 2162203134
EMAIL admin-docketing@medleybehrens.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER HOMT-0082
CORRESPONDENCE SECTION (current)
NAME LORRI W. COOPER
FIRM NAME MEDLEY, BEHRENS & LEWIS LLC
STREET 6100 ROCKSIDE WOODS BLVD., SUITE 440
CITY INDEPENDENCE
STATE Ohio
POSTAL CODE 44131
COUNTRY US
PHONE 216-264-4075
FAX 2162203134
EMAIL admin-docketing@medleybehrens.com; lcooper@medleybehrens.com; nkuklisin@medleybehrens.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER HOMT-0082
CORRESPONDENCE SECTION (proposed)
NAME Lorri W. Cooper
FIRM NAME MEDLEY, BEHRENS & LEWIS LLC
STREET 6100 ROCKSIDE WOODS BLVD., SUITE 440
CITY INDEPENDENCE
STATE Ohio
POSTAL CODE 44131
COUNTRY United States
PHONE 216-264-4075
FAX 2162203134
EMAIL admin-docketing@medleybehrens.com; lcooper@medleybehrens.com; nkuklisin@medleybehrens.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER HOMT-0082
SIGNATURE SECTION
RESPONSE SIGNATURE /Lorri W Cooper/
SIGNATORY'S NAME Lorri W. Cooper
SIGNATORY'S POSITION Attorney of Record, Ohio Bar member
SIGNATORY'S PHONE NUMBER 216-487-7047
DATE SIGNED 10/02/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Oct 02 22:43:37 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
191002224337344596-882588
66-610a78b3b78c7d02893a89
b26f13cedcd83c275d749569a
ebed1b2ebceca30a986-N/A-N
/A-20191002223743205314



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. 88258866 STADRY(Standard Characters, see http://uspto.report/TM/88258866/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments and exhibits has been attached.
Original PDF file:
evi_712812842-20191002223743205314_._STADRY-Arguments.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_712812842-20191002223743205314_._STAY_DRY._STAY_LONGER..pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_712812842-20191002223743205314_._STAYDRI.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_712812842-20191002223743205314_._STAY_DRY_WHILE_GETTING_WET.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_712812842-20191002223743205314_._STAY_DRY_PLUS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_712812842-20191002223743205314_._Exhibit_1-McKesson-STAYDRY.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Bras; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Headwear; Hooded sweatshirts; Pajamas; Pajamas treated with fire and heat retardants; Pants; Shirts; Shirts and short-sleeved shirts; Shorts; Sleepwear; Socks; Sweaters; Trousers; Underpants; Underwear; Athletic shorts; Athletic sweaters; Bottoms as clothing; Children's headwear; Crop pants; Dress pants; Golf shirts; Jackets; Jerseys; Knit shirts; Long underwear; Short sets; Sports pants; Sports shirts; Stretch pants; Sweat pants; Sweat shirts; T-shirts; Tops as clothing; Track pants
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: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Bras; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Headwear; Hooded sweatshirts; Pajamas; Pajamas treated with fire and heat retardants; Pants; Shirts; Shirts and short-sleeved shirts; Shorts; Sleepwear; Socks; Sweaters; Trousers; Underpants; Athletic shorts; Underwear; Athletic sweaters; Bottoms as clothing; Children's headwear; Crop pants; Dress pants; Golf shirts; Jackets; Jerseys; Knit shirts; Long underwear; Short sets; Sports pants; Sports shirts; Stretch pants; Sweat pants; Sweat shirts; T-shirts; Tops as clothing; Track pantsClass 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Bras; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Headwear; Hooded sweatshirts; Pajamas; Pajamas treated with fire and heat retardants; Pants; Shirts; Shirts and short-sleeved shirts; Shorts; Sleepwear; Socks; Sweaters; Trousers; Athletic shorts; Athletic sweaters; Bottoms as clothing; Children's headwear; Crop pants; Dress pants; Golf shirts; Jackets; Jerseys; Knit shirts; Long underwear; Short sets; Sports pants; Sports shirts; Stretch pants; Sweat pants; Sweat shirts; T-shirts; Tops as clothing; Track pants
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: Lorri W. Cooper. Lorri W. Cooper of MEDLEY, BEHRENS & LEWIS LLC, is located at

      6100 ROCKSIDE WOODS BLVD., SUITE 440
      INDEPENDENCE, Ohio 44131
      US
The docket/reference number is HOMT-0082.

The phone number is 216-264-4075.

The fax number is 2162203134.

The email address is admin-docketing@medleybehrens.com

The applicants proposed attorney information: Lorri W. Cooper. Lorri W. Cooper of MEDLEY, BEHRENS & LEWIS LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      6100 ROCKSIDE WOODS BLVD., SUITE 440
      INDEPENDENCE, Ohio 44131
      United States
The docket/reference number is HOMT-0082.

The phone number is 216-264-4075.

The fax number is 2162203134.

The email address is admin-docketing@medleybehrens.com

Lorri W. Cooper 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: LORRI W. COOPER. LORRI W. COOPER of MEDLEY, BEHRENS & LEWIS LLC, is located at

      6100 ROCKSIDE WOODS BLVD., SUITE 440
      INDEPENDENCE, Ohio 44131
      US
The docket/reference number is HOMT-0082.

The phone number is 216-264-4075.

The fax number is 2162203134.

The email address is admin-docketing@medleybehrens.com; lcooper@medleybehrens.com; nkuklisin@medleybehrens.com

The applicants proposed correspondence information: Lorri W. Cooper. Lorri W. Cooper of MEDLEY, BEHRENS & LEWIS LLC, is located at

      6100 ROCKSIDE WOODS BLVD., SUITE 440
      INDEPENDENCE, Ohio 44131
      United States
The docket/reference number is HOMT-0082.

The phone number is 216-264-4075.

The fax number is 2162203134.

The email address is admin-docketing@medleybehrens.com; lcooper@medleybehrens.com; nkuklisin@medleybehrens.com

SIGNATURE(S)
Response Signature
Signature: /Lorri W Cooper/     Date: 10/02/2019
Signatory's Name: Lorri W. Cooper
Signatory's Position: Attorney of Record, Ohio Bar member

Signatory's Phone Number: 216-487-7047

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:    LORRI W. COOPER
   MEDLEY, BEHRENS & LEWIS LLC
   
   6100 ROCKSIDE WOODS BLVD., SUITE 440
   INDEPENDENCE, Ohio 44131
Mailing Address:    Lorri W. Cooper
   MEDLEY, BEHRENS & LEWIS LLC
   6100 ROCKSIDE WOODS BLVD., SUITE 440
   INDEPENDENCE, Ohio 44131
        
Serial Number: 88258866
Internet Transmission Date: Wed Oct 02 22:43:37 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191002224337344
596-88258866-610a78b3b78c7d02893a89b26f1
3cedcd83c275d749569aebed1b2ebceca30a986-
N/A-N/A-20191002223743205314


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