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. 88264535 WED YOUR WAY(Standard Characters, see http://uspto.report/TM/88264535/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 035 for Retail store services featuring clothing and formalwear; Rental services of formalwear; providing information in the fields of fashion and special occasions; Custom manufacture of clothing; custom tailoring services; custom clothing alteration; Providing information in the fields of fashion and special occasions
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 01/00/2019 and first used in commerce at least as early as 01/00/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail store services featuring clothing and formalwear; Rental services of formalwear; providing information in the fields of fashion and special occasions; Custom manufacture of clothing; custom tailoring services; custom clothing alteration; Providing information in the fields of fashion and special occasionsClass 035 for Retail store services featuring clothing and formalwear
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 01/00/2019 and first used in commerce at least as early as 01/00/2019 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 045 for Rental services of formalwear; providing information in the field of fashion
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 01/00/2019 and first used in commerce at least as early as 01/00/2019 , and is now in use in such commerce.

The applicant hereby appoints Lynn M. Humphreys. Lynn M. Humphreys of TAILORED BRANDS, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      6100 Stevenson Blvd
      Fremont, California 94538
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 5107238606.

The email address is trademarks@tailoredbrands.com

Lynn M. Humphreys 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: THE MEN'S WEARHOUSE, INC.. THE MEN'S WEARHOUSE, INC. of THE MEN'S WEARHOUSE, INC., is located at

      6380 ROGERDALE ROAD
      HOUSTON, Texas 77072
      US

The email address is trademarks@tailoredbrands.com; lynn.humphreys@tailoredbrands.com; judith.karunanayake@tailoredbrands.com

The applicants proposed correspondence information: Lynn M. Humphreys. Lynn M. Humphreys of TAILORED BRANDS, INC., is located at

      6100 Stevenson Blvd
      Fremont, California 94538
      United States

The phone number is 5107238606.

The email address is trademarks@tailoredbrands.com; lynn.humphreys@tailoredbrands.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Tony Finocchiaro/      Date: 09/27/2019
Signatory's Name: Tony Finocchiaro
Signatory's Position: Senior Vice President, Tailored Clothing
Signatory's Phone Number: 4158069155


Response Signature
Signature: /lmh/     Date: 09/27/2019
Signatory's Name: Lynn M. Humphreys
Signatory's Position: Attorney of Record, Member CA bar

Signatory's Phone Number: 5107238606

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:    THE MEN'S WEARHOUSE, INC.
   THE MEN'S WEARHOUSE, INC.
   
   6380 ROGERDALE ROAD
   HOUSTON, Texas 77072
Mailing Address:    Lynn M. Humphreys
   TAILORED BRANDS, INC.
   6100 Stevenson Blvd
   Fremont, California 94538
        
RAM Sale Number: 88264535
RAM Accounting Date: 09/27/2019
        
Serial Number: 88264535
Internet Transmission Date: Fri Sep 27 13:04:46 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201909271304468
37105-88264535-610adcb9150855dc55069d41c
634ef1233e32d248b5a1614cd849aa9f49a787dd
6f-CC-04452048-20190923184630464965