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. 88259214 GAIA(Standard Characters, see http://uspto.report/TM/88259214/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to Office Action and copies of third-party screenshots has been attached.
Original PDF file:
evi_652204518-20190927171315260705_._Exhibit_A.pdf
Converted PDF file(s) ( 17 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Original PDF file:
evi_652204518-20190927171315260705_._Exhibit_B.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_652204518-20190927171315260705_._roa_-GAIA__003_.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Furnitures, mirrors, picture frames; goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastic not included in other classes
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Mexico registration number 1924151 registered 09/18/2018 with a renewal date of __________ and an expiration date of 06/20/2028 ], 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:
Tracked Text Description: Furnitures, mirrors, picture frames; Furniture, mirrors, picture frames; goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastic not included in other classes; goods made of wood or of plastic not included in other classes, namely, statues of wood or plastic, figurines of wood or plastic, statuettes of wood or plastic, flower-pot pedestals of plastic, and coat hangers and clothes hangers of wood or plastic; all of the foregoing not including baskets of wickerClass 020 for Furniture, mirrors, picture frames; goods made of wood or of plastic not included in other classes, namely, statues of wood or plastic, figurines of wood or plastic, statuettes of wood or plastic, flower-pot pedestals of plastic, and coat hangers and clothes hangers of wood or plastic; all of the foregoing not including baskets of wicker
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Mexico registration number 1924151 registered 09/18/2018 with a renewal date of __________ and an expiration date of 06/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Commerical services of furniture
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Mexico registration number 1924150 registered 09/18/2018 with a renewal date of __________ and an expiration date of 06/20/2028 ], 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:
Tracked Text Description: Commerical services of furniture; Commercial services of furniture, namely, retail store and online retail store services featuring furnitureClass 035 for Commercial services of furniture, namely, retail store and online retail store services featuring furniture
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Mexico registration number 1924150 registered 09/18/2018 with a renewal date of __________ and an expiration date of 06/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: POPUP DESIGN, S. DE R.L. DE C.V., a corporation of Mexico, having an address of
      
      Av. Chapultepec No.Ext.540 Piso 5, Roma Norte C.P.
      Mexico City, 06700
      Mexico

      +52-
Proposed: POPUP DESIGN, S. DE R.L. DE C.V., a limited liability company legally organized under the laws of Mexico, having an address of
      Av. Chapultepec No.
      Ext.540 Piso 5, Roma Norte C.P.
      Mexico City, 06700
      Mexico
      +52-

The applicant's current attorney information: Carole R. Klein. Carole R. Klein of MORGAN, LEWIS & BOCKIUS LLP, is located at

      ATTENTION: TMSU
      1111 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20004
      US
The docket/reference number is 123064-0001.

The phone number is 202-739-5517.

The fax number is 202-739-3001.

The email address is trademarks@morganlewis.com

The applicants proposed attorney information: Carole R. Klein. Other appointed attorneys are the firm of Morgan, Lewis & Bockius LLP, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, DANIEL S. MARKS, JANE W. WISE, SETH A. RAPPAPORT, CONSTANCE BOUTSIKARIS, REBECCA E. MCDOUGALL, RACHEL FERTIG and KIRAN JASSAL, members of the District of Columbia Bar and BRITTANY A. ESTELL, member of the California Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY, SHARON R. SMITH, GENE K. PARK and PETER BYRNE, members of the California Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW, DAVID O. JOHANSON and A, members of the Massachusetts Bar, all located at One Federal Street, Boston, Massachusetts 02110, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP. Carole R. Klein of MORGAN, LEWIS & BOCKIUS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      ATTENTION: TMSU
      1111 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20004
      United States
The docket/reference number is 123064-0001.

The phone number is 202.739.5517.

The fax number is 202.739.3001.

The email address is trademarks@morganlewis.com

Carole R. Klein 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: CAROLE R. KLEIN. CAROLE R. KLEIN of MORGAN, LEWIS & BOCKIUS LLP, is located at

      ATTENTION: TMSU
      1111 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20004
      US
The docket/reference number is 123064-0001.

The phone number is 202-739-5517.

The fax number is 202-739-3001.

The email address is trademarks@morganlewis.com; carole.klein@morganlewis.com

The applicants proposed correspondence information: Carole R. Klein. Carole R. Klein of MORGAN, LEWIS & BOCKIUS LLP, is located at

      ATTENTION: TMSU
      1111 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20004
      United States
The docket/reference number is 123064-0001.

The phone number is 202.739.5517.

The fax number is 202.739.3001.

The email address is trademarks@morganlewis.com; carole.klein@morganlewis.com

SIGNATURE(S)
Response Signature
Signature: /Carole R. Klein/     Date: 09/27/2019
Signatory's Name: Carole R. Klein
Signatory's Position: Attorney of Record, DC bar member

Signatory's Phone Number: 202.739.5517

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:    CAROLE R. KLEIN
   MORGAN, LEWIS & BOCKIUS LLP
   ATTENTION: TMSU
   1111 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20004
Mailing Address:    Carole R. Klein
   MORGAN, LEWIS & BOCKIUS LLP
   ATTENTION: TMSU
   1111 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20004
        
Serial Number: 88259214
Internet Transmission Date: Fri Sep 27 18:42:07 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190927184207657
648-88259214-61012924a7dfba929746a4d399a
fac0e465b79a2f6f67e7c8626163a5d4a910e783
-N/A-N/A-20190927183309180802