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. 88269589 HEADLINE(Standard Characters, see http://uspto.report/TM/88269589/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 On-line retail store services featuring t-shirts, sweatshirts, socks, hats, onesies, tote bags, mugs, enamel pins, and greeting cards
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 07/15/2004 and first used in commerce at least as early as 07/15/2004 , and is now in use in such commerce.

Proposed:
Tracked Text Description: On-line retail store services featuring t-shirts, sweatshirts, socks, hats, onesies, tote bags, mugs, enamel pins, and greeting cards; On-line retail store services featuring t-shirts, sweatshirts, socks, hats, close-fitting one-piece infant garments, tote bags, mugs, enamel pins, and greeting cardsClass 035 for On-line retail store services featuring t-shirts, sweatshirts, socks, hats, close-fitting one-piece infant garments, tote bags, mugs, enamel pins, and greeting cards
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 07/15/2004 and first used in commerce at least as early as 07/15/2004 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant will address the likelihood of confusion issue at such time the cited Application No. 87912006 matures to registration. Accordingly, Applicant requests the suspension of the instant application pending final disposition of the earlier-filed referenced application.


SIGNATURE(S)
Response Signature
Signature: /Amanda R. Conley/     Date: 05/17/2019
Signatory's Name: Amanda R. Conley
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 510-984-4285

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88269589
Internet Transmission Date: Fri May 17 19:44:46 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019051719444624
2139-88269589-620a9c56e55e09292c086c248d
11cd1173ce092f8f9fcc392cf4716d11a7b2f216
7-N/A-N/A-20190517193655526626