Response to Office Action

VALIANT

Valiant LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88276690
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88276690/mark.png
LITERAL ELEMENT VALIANT
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
EVIDENCE SECTION
DESCRIPTION OF EVIDENCE FILE Response on Refusal to Class 24: I have examined the 2019 catalog for VALIANT EVERYTHING TAKEN CARE ( http://www.valiantproducts.com/2019-catalog/ ) page 250-257 and they sell only "Border Towels" as compared to "hooded towels" Valiant hooded towels are made of bamboo fiber and are being sold on amazon (different trade channel of the goods) as compared to company website being utilized by VALIANT EVERYTHING TAKEN CARE. Also the Horse in my logo is dominant and is different than the logo of VALIANT EVERYTHING TAKEN CARE. I believe there is enough difference in the type of product and logo appearance that I should be given permission to sell Valiant Hooded Towels. VALIANT EVERYTHING TAKEN CARE does not sell hooded towels per the catalog and also their type of towels are made of 100% cotton, different size, different texture, and no embroidery. If my argumant is not acceptable, please drop this International class 24 from my application and proceed with the rest of the application.
GOODS AND/OR SERVICES SECTION (024)(current)
INTERNATIONAL CLASS 024
DESCRIPTION Hooded towels; Towels
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/00/2017
        FIRST USE IN COMMERCE DATE At least as early as 07/00/2017
GOODS AND/OR SERVICES SECTION (024)(proposed)
INTERNATIONAL CLASS 024
TRACKED TEXT DESCRIPTION
Hooded towels; Towels
FINAL DESCRIPTION Hooded towels;
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/00/2017
       FIRST USE IN COMMERCE DATE At least as early as 07/00/2017
GOODS AND/OR SERVICES SECTION (028)(no change)
CORRESPONDENCE SECTION
ORIGINAL ADDRESS Valiant LLC
682 Sylvanwood Drive
Troy
Michigan
US
48085
NEW CORRESPONDENCE SECTION
NAME Valiant LLC
FIRM NAME VALIANT LLC
STREET 682 Sylvanwood Drive
CITY Troy
STATE Michigan
ZIP/POSTAL CODE 48085
COUNTRY United States
PHONE 812-391-1949
EMAIL smmz1969@gmail.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Zulfiqar Choudary/
SIGNATORY'S NAME ZULFIQAR CHOUDARY
SIGNATORY'S POSITION MEMBER
SIGNATORY'S PHONE NUMBER 812-391-1949
DATE SIGNED 04/23/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Apr 23 16:47:27 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190423164727983178-8827
6690-62028cce17a334ae2db6
c58a08237f3802f3bdc3f73f2
7f41770c6f685a0a8c444-N/A
-N/A-20190423161741839651



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. 88276690 VALIANT (Stylized and/or with Design, see http://uspto.report/TM/88276690/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response on Refusal to Class 24: I have examined the 2019 catalog for VALIANT EVERYTHING TAKEN CARE ( http://www.valiantproducts.com/2019-catalog/ ) page 250-257 and they sell only "Border Towels" as compared to "hooded towels" Valiant hooded towels are made of bamboo fiber and are being sold on amazon (different trade channel of the goods) as compared to company website being utilized by VALIANT EVERYTHING TAKEN CARE. Also the Horse in my logo is dominant and is different than the logo of VALIANT EVERYTHING TAKEN CARE. I believe there is enough difference in the type of product and logo appearance that I should be given permission to sell Valiant Hooded Towels. VALIANT EVERYTHING TAKEN CARE does not sell hooded towels per the catalog and also their type of towels are made of 100% cotton, different size, different texture, and no embroidery. If my argumant is not acceptable, please drop this International class 24 from my application and proceed with the rest of the application. has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Hooded towels; Towels
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 07/00/2017 and first used in commerce at least as early as 07/00/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Hooded towels; TowelsClass 024 for Hooded towels;
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 07/00/2017 and first used in commerce at least as early as 07/00/2017 , and is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
Valiant LLC
682 Sylvanwood Drive
Troy
Michigan
US
48085

Proposed:
Valiant LLC of VALIANT LLC, having an address of
682 Sylvanwood Drive Troy, Michigan 48085
United States
smmz1969@gmail.com
812-391-1949



SIGNATURE(S)
Response Signature
Signature: /Zulfiqar Choudary/     Date: 04/23/2019
Signatory's Name: ZULFIQAR CHOUDARY
Signatory's Position: MEMBER

Signatory's Phone Number: 812-391-1949

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

Mailing Address:    Valiant LLC
   VALIANT LLC
   682 Sylvanwood Drive
   Troy, Michigan 48085
        
Serial Number: 88276690
Internet Transmission Date: Tue Apr 23 16:47:27 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904231647279
83178-88276690-62028cce17a334ae2db6c58a0
8237f3802f3bdc3f73f27f41770c6f685a0a8c44
4-N/A-N/A-20190423161741839651



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