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. 88274248 MIGHTY-MAC (Stylized and/or with Design, see http://uspto.report/TM/88274248/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 025 for Clothing, namely, shirts, knit shirts, long-sleeved shirts, T-shirts, under shirts, rugby shirts, polo shirts, jerseys, uniforms, pants, trousers, slacks, jeans, cargo pants, stretch pants, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, tops, stretch tops, tank tops, sweat shirts, hooded sweat shirts, sweat jackets, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, anoraks, ponchos, jackets, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, jean jackets, coats, car coats, heavy coats, over coats, top coats, swimwear, beachwear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps, beanies, hats, visors, headbands, wrist bands, sweat bands, headwear, ear muffs, scarves, bandanas, belts, underwear, briefs, swim and bathing trunks, socks, hosiery, leggings, gloves, mittens, rainwear, footwear, shoes, sneakers, boots, and flip-flops
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: Clothing, namely, shirts, knit shirts, long-sleeved shirts, T-shirts, under shirts, rugby shirts, polo shirts, jerseys, uniforms, pants, trousers, slacks, jeans, cargo pants, stretch pants, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, tops, stretch tops, tank tops, sweat shirts, hooded sweat shirts, sweat jackets, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, anoraks, ponchos, jackets, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, jean jackets, coats, car coats, heavy coats, over coats, top coats, swimwear, beachwear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps, beanies, hats, visors, headbands, wrist bands, sweat bands, headwear, ear muffs, scarves, bandanas, belts, underwear, briefs, swim and bathing trunks, socks, hosiery, leggings, gloves, mittens, rainwear, footwear, shoes, sneakers, boots, and flip-flops; Clothing, namely, shirts, knit shirts, long-sleeved shirts, T-shirts, under shirts, rugby shirts, polo shirts, jerseys, uniforms, pants, trousers, slacks, jeans, cargo pants, stretch pants, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, tops, stretch tops, tank tops, sweat shirts, hooded sweat shirts, sweat jackets, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, anoraks, ponchos, jackets, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, jean jackets, coats, car coats, heavy coats, over coats, top coats, swimwear, beachwear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps, namely, baseball caps, beanies, hats, visors, headbands, wrist bands, sweat bands, headwear, ear muffs, scarves, bandanas, belts, underwear, briefs, swim and bathing trunks, socks, hosiery, leggings, gloves, mittens, rainwear, footwear, shoes, sneakers, boots, and flip-flopsClass 025 for Clothing, namely, shirts, knit shirts, long-sleeved shirts, T-shirts, under shirts, rugby shirts, polo shirts, jerseys, uniforms, pants, trousers, slacks, jeans, cargo pants, stretch pants, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, tops, stretch tops, tank tops, sweat shirts, hooded sweat shirts, sweat jackets, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, anoraks, ponchos, jackets, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, jean jackets, coats, car coats, heavy coats, over coats, top coats, swimwear, beachwear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps, namely, baseball caps, beanies, hats, visors, headbands, wrist bands, sweat bands, headwear, ear muffs, scarves, bandanas, belts, underwear, briefs, swim and bathing trunks, socks, hosiery, leggings, gloves, mittens, rainwear, footwear, shoes, sneakers, boots, and flip-flops
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.

The applicant's current attorney information: Brad D. Rose. Brad D. Rose of PRYOR CASHMAN LLP, is located at

      7 TIMES SQUARE
      NEW YORK, New York 10036
      US
The docket/reference number is 17371.00001.

The phone number is 212-326-0875.

The fax number is 212-798-6369.

The email address is tlee@pryorcashman.com

The applicants proposed attorney information: Brad D. Rose. Other appointed attorneys are Teresa Lee, Dyan Finguerra-DuCharme, Philippe Zylberg, Ryan Klarberg, Kamilah Holder, Laure Sawaya. Brad D. Rose of PRYOR CASHMAN 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

      7 TIMES SQUARE
      NEW YORK, New York 10036
      United States
The docket/reference number is 17371.00001.

The phone number is 212-326-0875.

The fax number is 212-798-6369.

The email address is tlee@pryorcashman.com

Brad D. Rose 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: BRAD D. ROSE. BRAD D. ROSE of PRYOR CASHMAN LLP, is located at

      7 TIMES SQUARE
      NEW YORK, New York 10036
      US
The docket/reference number is 17371.00001.

The phone number is 212-326-0875.

The fax number is 212-798-6369.

The email address is tlee@pryorcashman.com; tmdocketing@pryorcashman.com

The applicants proposed correspondence information: Brad D. Rose. Brad D. Rose of PRYOR CASHMAN LLP, is located at

      7 TIMES SQUARE
      NEW YORK, New York 10036
      United States
The docket/reference number is 17371.00001.

The phone number is 212-326-0875.

The fax number is 212-798-6369.

The email address is tlee@pryorcashman.com

SIGNATURE(S)
Response Signature
Signature: /pz/     Date: 09/16/2019
Signatory's Name: Philippe Zylberg
Signatory's Position: Attorney of recorrd, New York Bar member

Signatory's Phone Number: 212-3260475

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:    BRAD D. ROSE
   PRYOR CASHMAN LLP
   
   7 TIMES SQUARE
   NEW YORK, New York 10036
Mailing Address:    Brad D. Rose
   PRYOR CASHMAN LLP
   7 TIMES SQUARE
   NEW YORK, New York 10036
        
Serial Number: 88274248
Internet Transmission Date: Mon Sep 16 18:08:37 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190916180837724
592-88274248-6101481912e75245ba99c974d79
b1301275eb60373d917046d91e884dcbbdd97957
-N/A-N/A-20190916180647520924