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. 88265796 SEEMORE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8826579 6/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 014 for Metal key chain tags, key chains, decorative key fobs, key rings and key holders of precious metals
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: Metal key chain tags, key chains, decorative key fobs, key rings and key holders of precious metals; decorative leather key fobsClass 014 for Metal key chain tags, key chains, decorative key fobs, key rings and key holders of precious metals; decorative leather key fobs
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.

Applicant proposes to amend the following:

Current:
Class 016 for Printed materials, namely, calendars, non-magnetically encoded gift cards, greeting cards, post cards, cartoon prints, cartoon strips, comic books, comic strips, coloring books, picture books, children's books, coasters made of paper, souvenir programs regarding shops, historical displays and trolley, aquarium or museum tours, stickers, and bumper stickers
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: Printed materials, namely, calendars, non-magnetically encoded gift cards, greeting cards, post cards, cartoon prints, cartoon strips, comic books, comic strips, coloring books, picture books, children's books, coasters made of paper, souvenir programs regarding shops, historical displays and trolley, aquarium or museum tours, stickers, and bumper stickers; key chain tags of paperClass 016 for Printed materials, namely, calendars, non-magnetically encoded gift cards, greeting cards, post cards, cartoon prints, cartoon strips, comic books, comic strips, coloring books, picture books, children's books, coasters made of paper, souvenir programs regarding shops, historical displays and trolley, aquarium or museum tours, stickers, and bumper stickers; key chain tags of paper
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.

Applicant proposes to amend the following:

Current:
Class 018 for Bags, namely, duffel bags, tote bags, hand bags, book bags, shoulder bags, all-purpose athletic bags, mesh shopping bags, textile shopping bags, beach bags, carry-on bags, backpacks, baby carriers worn on the body, waist packs, fanny packs, wallets, beach umbrellas, key cases, leather key fobs, coin purses, change purses, and satchels
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: Bags, namely, duffel bags, tote bags, hand bags, book bags, shoulder bags, all-purpose athletic bags, mesh shopping bags, textile shopping bags, beach bags, carry-on bags, backpacks, baby carriers worn on the body, waist packs, fanny packs, wallets, beach umbrellas, key cases, leather key fobs, coin purses, change purses, and satchels; Bags, namely, duffel bags, tote bags, hand bags, book bags, shoulder bags, all-purpose athletic bags, mesh shopping bags, textile shopping bags, beach bags, carry-on bags, backpacks, baby carriers worn on the body, waist packs, fanny packs, wallets, beach umbrellas, key cases, coin purses, change purses, and satchelsClass 018 for Bags, namely, duffel bags, tote bags, hand bags, book bags, shoulder bags, all-purpose athletic bags, mesh shopping bags, textile shopping bags, beach bags, carry-on bags, backpacks, baby carriers worn on the body, waist packs, fanny packs, wallets, beach umbrellas, key cases, coin purses, change purses, and satchels
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.

Applicant proposes to amend the following:

Current:
Class 020 for Plastic key chain tags, key chain tags, and non-metal key holders; picture frames; holiday ornaments of plastic
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: Plastic key chain tags, key chain tags, and non-metal key holders; Plastic key chain tags, and non-metal key holders; picture frames; holiday ornaments of plasticClass 020 for Plastic key chain tags, and non-metal key holders; picture frames; holiday ornaments of plastic
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.

Applicant proposes to amend the following:

Current:
Class 021 for Glass beverageware, earthenware mugs, porcelain mugs, beer mugs, shot glasses, beverage coolers, coffee cups, coasters, trivets, plastic squeeze bottles, thermal insulated containers for food or beverages, and portable coolers; Baked good tins sold empty for domestic use; Beverage glassware; Candy boxes; Coffee cups, tea cups and mugs; Coffee pots; Coffee services; Dishes and plates; Flower vases and bowls; Glass bowls; Glass boxes; Napkin holders; Serving dishes; Serving platters; Serving trays; Servingware for serving food; Spoon rests; Tea caddies; Tea canisters; Tea pots; Tea services; Tea sets; Trivets; plastic place mats
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: Glass beverageware, earthenware mugs, porcelain mugs, beer mugs, shot glasses, beverage coolers, coffee cups, coasters, trivets, plastic squeeze bottles, thermal insulated containers for food or beverages, and portable coolers; Glass beverageware, earthenware mugs, porcelain mugs, beer mugs, shot glasses, non-electric portable beverage coolers, coffee cups, coasters not of paper or textile, trivets, plastic squeeze bottles sold empty, thermal insulated containers for food or beverages, and non-electric portable coolers; Baked good tins sold empty for domestic use; Beverage glassware; Candy boxes; Coffee cups, tea cups and mugs; Coffee pots; Coffee services; Coffee services in the nature of tableware; Dishes and plates; Flower vases and bowls; Glass bowls; Glass boxes; Napkin holders; Serving dishes; Serving platters; Serving trays; Servingware for serving food; Spoon rests; Tea caddies; Tea canisters; Tea pots; Tea services; Tea sets; Trivets; plastic place matsClass 021 for Glass beverageware, earthenware mugs, porcelain mugs, beer mugs, shot glasses, non-electric portable beverage coolers, coffee cups, coasters not of paper or textile, trivets, plastic squeeze bottles sold empty, thermal insulated containers for food or beverages, and non-electric portable coolers; Baked good tins sold empty for domestic use; Beverage glassware; Candy boxes; Coffee cups, tea cups and mugs; Coffee pots; Coffee services in the nature of tableware; Dishes and plates; Flower vases and bowls; Glass bowls; Glass boxes; Napkin holders; Serving dishes; Serving platters; Serving trays; Servingware for serving food; Spoon rests; Tea caddies; Tea canisters; Tea pots; Tea services; Tea sets; plastic place mats
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Historic Tours of America, Inc., a corporation of Florida, having an address of
      201 Front Street
      Key West, Florida 33040
      United States

Proposed: Historic Tours of America, Inc., a corporation of Florida, having an address of
      201 Front Street
      Key West, Florida 33040
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Matthew Connors. Matthew Connors of GESMER UPDEGROVE, LLP, is located at

      40 BROAD ST
      BOSTON, Massachusetts 02109
      United States
The docket/reference number is 10540.
      The email address is trademarks@gesmer.com

The owner's/holder's proposed attorney information: Matthew Connors. Other appointed attorneys are Shannon M. Nolley, William Hilton. Matthew Connors of GESMER UPDEGROVE, 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

      40 BROAD ST
      BOSTON, Massachusetts 02109
      United States
The docket/reference number is 10540.
      The email address is trademarks@gesmer.com

Matthew Connors 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.Correspondence Information (current):
      MATTHEW CONNORS
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@gesmer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 10540.
Correspondence Information (proposed):
      Matthew Connors
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@gesmer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 10540.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Shannon M. Nolley/     Date: 08/04/2020
Signatory's Name: Shannon M. Nolley
Signatory's Position: Attorney of record, Massachusetts 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.

Mailing Address:    MATTHEW CONNORS
   GESMER UPDEGROVE, LLP
   
   40 BROAD ST
   BOSTON, Massachusetts 02109
Mailing Address:    Matthew Connors
   GESMER UPDEGROVE, LLP
   40 BROAD ST
   BOSTON, Massachusetts 02109
        
Serial Number: 88265796
Internet Transmission Date: Tue Aug 04 17:16:56 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20200804171656853
458-88265796-740669a9d33eaf6aff67695651e
b5f2e75a3b4548e9e18bdd12bd241750c1cb64-N
/A-N/A-20200804170602242831