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. 88268442 HDC (Stylized and/or with Design, see http://uspto.report/TM/88268442/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

see attached

EVIDENCE
Evidence in the nature of arguments against refusal has been attached.
Original PDF file:
evi_64124123162-20190916173538479759_._Heritage_-_HDC_logo_OAR.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, shirts, jackets and hats
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2018 and first used in commerce at least as early as 05/31/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Clothing, namely, shirts, jackets and hats; Clothing, namely, shirts, jackets and hats, excluding athletic clothingClass 025 for Clothing, namely, shirts, jackets and hats, excluding athletic clothing
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2018 and first used in commerce at least as early as 05/31/2018 , and is now in use in such commerce.
The applicant's current attorney information: Jeffrey A. Nelson. Jeffrey A. Nelson of DAVIS WRIGHT TREMAINE LLP, is located at

      920 FIFTH AVENUE, SUITE 3300
      SEATTLE, Washington 98104-1610
      US
The docket/reference number is 0112496-0000.

The phone number is 206-757-8377.

The fax number is 206-757-7377.

The email address is jeffnelson@dwt.com

The applicants proposed attorney information: Jeffrey A. Nelson. Jeffrey A. Nelson of DAVIS WRIGHT TREMAINE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      920 FIFTH AVENUE, SUITE 3300
      SEATTLE, Washington 98104-1610
      United States
The docket/reference number is 0112496-0000.

The phone number is 206-757-8377.

The fax number is 206-757-7377.

The email address is jeffnelson@dwt.com

Jeffrey A. Nelson 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: JEFFREY A. NELSON. JEFFREY A. NELSON of DAVIS WRIGHT TREMAINE LLP, is located at

      920 FIFTH AVENUE, SUITE 3300
      SEATTLE, Washington 98104-1610
      US
The docket/reference number is 0112496-0000.

The phone number is 206-757-8377.

The fax number is 206-757-7377.

The email address is jeffnelson@dwt.com; JN-Docket@dwt.com; MaryHadley@dwt.com

The applicants proposed correspondence information: Jeffrey A. Nelson. Jeffrey A. Nelson of DAVIS WRIGHT TREMAINE LLP, is located at

      920 FIFTH AVENUE, SUITE 3300
      SEATTLE, Washington 98104-1610
      United States
The docket/reference number is 0112496-0000.

The phone number is 206-757-8377.

The fax number is 206-757-7377.

The email address is jeffnelson@dwt.com; jn-docket@dwt.com

SIGNATURE(S)
Response Signature
Signature: /Jeffrey A Nelson/     Date: 09/16/2019
Signatory's Name: Jeffrey A Nelson
Signatory's Position: Attorney of record, WA bar member

Signatory's Phone Number: 206.757.8377

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:    JEFFREY A. NELSON
   DAVIS WRIGHT TREMAINE LLP
   
   920 FIFTH AVENUE, SUITE 3300
   SEATTLE, Washington 98104-1610
Mailing Address:    Jeffrey A. Nelson
   DAVIS WRIGHT TREMAINE LLP
   920 FIFTH AVENUE, SUITE 3300
   SEATTLE, Washington 98104-1610
        
Serial Number: 88268442
Internet Transmission Date: Mon Sep 16 17:40:36 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909161740365
47622-88268442-610e3af57fb29988030c5e0d9
e5cd40dcf561dc297d29e6e31936668a5e22a658
c9-N/A-N/A-20190916173538479759