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. 88260885 PREVIEW(Standard Characters, see http://uspto.report/TM/88260885/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for creating, manipulating, editing, converting and transferring digital and graphic images, shapes, designs, and text into embroidery design files to be used in connection with sewing, embroidering, and quilting machines; computer software for converting, exporting, and executing embroidery design files for use in connection with sewing, embroidering, and quilting machines; computer software for controlling sewing, embroidering, and quilting machine operation
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: Computer software for creating, manipulating, editing, converting and transferring digital and graphic images, shapes, designs, and text into embroidery design files to be used in connection with sewing, embroidering, and quilting machines; Downloadable computer software for creating, manipulating, editing, converting and transferring digital and graphic images, shapes, designs, and text into embroidery design files to be used in connection with sewing, embroidering, and quilting machines; computer software for converting, exporting, and executing embroidery design files for use in connection with sewing, embroidering, and quilting machines; computer software for controlling sewing, embroidering, and quilting machine operationClass 009 for Downloadable computer software for creating, manipulating, editing, converting and transferring digital and graphic images, shapes, designs, and text into embroidery design files to be used in connection with sewing, embroidering, and quilting machines; computer software for converting, exporting, and executing embroidery design files for use in connection with sewing, embroidering, and quilting machines; computer software for controlling sewing, embroidering, and quilting machine operation
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.

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.


SIGNATURE(S)
Response Signature
Signature: /GRE/     Date: 01/29/2020
Signatory's Name: G. Roxanne Elings
Signatory's Position: Attorney of Record, NY State 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.

        
Serial Number: 88260885
Internet Transmission Date: Wed Jan 29 17:51:51 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202001291751513
30953-88260885-7006c987cc6616427722c4d84
271a00187c9daf749539445a869c5c99db88c74-
N/A-N/A-20200129173031466176