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. 88282130 FORGIVEN(Standard Characters, see http://uspto.report/TM/88282130/mark.png) has been amended as follows:

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

To Whom It May Concern: 6/13/19 This letter is in response to the Office Action received on April 15, 2019 objecting the mark ?FORGIVEN? (88282130) on the basis of ?Likelihood of Confusion?. Section 2(d) ? Likelihood of Confusion Refusal I respectfully submit that the registration ?Unforgiven? (5211891) cited by the Examining Attorney will not cause confusion with the subject mark ?FORGIVEN?, and does not create similar commercial impressions for the following reasons: A. By definition, the words ?Forgiven? and ?Unforgiven? have distinctive opposite definitions. Forgiven is defined as: to grant pardon for or remission of an offense or debt; to cease to feel resentment; to cancel an indebtedness or liability of. On the contrary, Unforgiven is defined as: not excused or pardoned; not forgiven. B. It should be noted that ?Unforgiven? is registered to ?Societe Parisienne de Parfums et Cosmetiques/ Yves De Sistelle? and is therefore being advertised and sold as a product by Yves de Sistelle. ?FORGIVEN? however, is registered to myself, Ayannah, and is such being advertised as so (see Specimen). C. Specimens and drawings provided for ?Unforgiven? on March 31, 2016 propose a true misconception of the actual mark applied for. As can be seen in the attachments, ?Unforgiven? is actually being marketed and sold currently as ?Unforgiven Thoughts? and ?Unforgiven Rose?. Specifically, the specimen displays the mark as ?Unforgiven Thoughts?; however, the drawing displays the mark as ?UNFORGIVEN?. In other words, the specimen shows a unitary phrase, whereas the mark displays a single word. This case holds true for ?Unforgiven Rose? as well. Specifically, the unitary phrase ?unforgiven thoughts? is such that the word ?unforgiven? modifies the word ?thoughts? giving the impression of thoughts that are not forgiven. On the other hand, the single word ?unforgiven? simply connotes a thing, person, or action that is not forgiven. The true likelihood of confusion is not between ?FORGIVEN? and ?Unforgiven?. The true likelihood of confusion is whether or not the actual brand for ?Societe Parisienne de Parfums et Cosmetiques/ Yves De Sistelle? is ?Unforgiven? OR ?Unforgiven Rose? and ?Unforgiven Thoughts?. D. The initial application for ?Unforgiven? only showed registration for the mark ?Unforgiven?. The application also stated under the ?Standard Character Mark? section that the mark consists of standard characters without claim to any particular font style, size, or color. As seen in the attachment provided and even in the Specimen submitted on January 31, 2017, ?Unforgiven? is depicted in a cursive format completely different from the actual plain font that was registered and trademarked. And again, the cursive format of ?Unforgiven? is being advertised and currently sold as ?Unforgiven Rose?, which is a unitary phrase. Because the mark in the drawing and attachment is not a substantially exact representation of the mark on the specimen, I voice the fact that an application based on the Trademark Act Section 1(a) states, an application MUST include a specimen showing the applied-for mark in use in commerce for each international class of goods identified in the application. The difference between the mark in the specimen and the actual drawing is significantly different causing each mark to create a different commercial impression for the mark ?Unforgiven?. ?FORGIVEN? however, as applied for, uses a standard character mark and the specimen shows the mark being used EXACTLY as the standard characters registered for. There are no commercial impression confusions on my behalf. Conclusion: For the above mentioned reasons, I respectfully request that the objections of the Examiner be withdrawn and that the subject application for ?FORGIVEN? be allowed to proceed with the Trademark process. Sincerely, Ayannah Williams (225)247-1719 ayannahwilliams@yahoo.com

EVIDENCE
Evidence in the nature of To Whom It May Concern: 6/13/19 This letter is in response to the Office Action received on April 15, 2019 objecting the mark "FORGIVEN" (88282130) on the basis of "Likelihood of Confusion". Section 2(d) - Likelihood of Confusion Refusal I respectfully submit that the registration "Unforgiven" (5211891) cited by the Examining Attorney will not cause confusion with the subject mark "FORGIVEN", and does not create similar commercial impressions for the following reasons: A. By definition, the words "Forgiven" and "Unforgiven" have distinctive opposite definitions. Forgiven is defined as: to grant pardon for or remission of an offense or debt; to cease to feel resentment; to cancel an indebtedness or liability of. On the contrary, Unforgiven is defined as: not excused or pardoned; not forgiven. B. It should be noted that "Unforgiven" is registered to "Societe Parisienne de Parfums et Cosmetiques/ Yves De Sistelle" and is therefore being advertised and sold as a product by Yves de Sistelle. "FORGIVEN" however, is registered to myself, Ayannah, and is such being advertised as so (see Specimen). C. Specimens and drawings provided for "Unforgiven" on March 31, 2016 propose a true misconception of the actual mark applied for. As can be seen in the attachments, "Unforgiven" is actually being marketed and sold currently as "Unforgiven Thoughts" and "Unforgiven Rose". Specifically, the specimen displays the mark as "Unforgiven Thoughts"; however, the drawing displays the mark as "UNFORGIVEN". In other words, the specimen shows a unitary phrase, whereas the mark displays a single word. This case holds true for "Unforgiven Rose" as well. Specifically, the unitary phrase "unforgiven thoughts" is such that the word "unforgiven" modifies the word "thoughts" giving the impression of thoughts that are not forgiven. On the other hand, the single word "unforgiven" simply connotes a thing, person, or action that is not forgiven. The true likelihood of confusion is not between "FORGIVEN" and "Unforgiven". The true likelihood of confusion is whether or not the actual brand for "Societe Parisienne de Parfums et Cosmetiques/ Yves De Sistelle" is "Unforgiven" OR "Unforgiven Rose" and "Unforgiven Thoughts". D. The initial application for "Unforgiven" only showed registration for the mark "Unforgiven". The application also stated under the "Standard Character Mark" section that the mark consists of standard characters without claim to any particular font style, size, or color. As seen in the attachment provided and even in the Specimen submitted on January 31, 2017, "Unforgiven" is depicted in a cursive format completely different from the actual plain font that was registered and trademarked. And again, the cursive format of "Unforgiven" is being advertised and currently sold as "Unforgiven Rose", which is a unitary phrase. Because the mark in the drawing and attachment is not a substantially exact representation of the mark on the specimen, I voice the fact that an application based on the Trademark Act Section 1(a) states, an application MUST include a specimen showing the applied-for mark in use in commerce for each international class of goods identified in the application. The difference between the mark in the specimen and the actual drawing is significantly different causing each mark to create a different commercial impression for the mark "Unforgiven". "FORGIVEN" however, as applied for, uses a standard character mark and the specimen shows the mark being used EXACTLY as the standard characters registered for. There are no commercial impression confusions on my behalf. Conclusion: For the above mentioned reasons, I respectfully request that the objections of the Examiner be withdrawn and that the subject application for "FORGIVEN" be allowed to proceed with the Trademark process. Sincerely, Ayannah Williams (225)247-1719 ayannahwilliams@yahoo.com has been attached. Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cologne; Perfume; Perfumes and colognes; Eau de cologne; Eau de perfume; Eau de toilette and eau de cologne; Eau-de-cologne
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 01/23/2019 and first used in commerce at least as early as 01/23/2019 , and is now in use in such commerce.

Proposed: Class 003 for Cologne; Perfume; Perfumes and colognes; Eau de cologne; Eau de perfume; Eau de toilette and eau de cologne; Eau-de-cologne
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 01/23/2019 and first used in commerce at least as early as 01/23/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003 . The specimen(s) submitted consists of A specimen of "FORGIVEN" Perfume as currently being marketed .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Ayannah Williams/      Date: 06/17/2019
Signatory's Name: Ayannah Williams
Signatory's Position: Owner
Signatory's Phone Number: 2252471719


Response Signature
Signature: /Ayannah Williams/     Date: 06/17/2019
Signatory's Name: Ayannah Williams
Signatory's Position: Owner

Signatory's Phone Number: 2252471719

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.

        
Serial Number: 88282130
Internet Transmission Date: Mon Jun 17 09:52:23 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201906170952234
79131-88282130-62084a258f6dd28f79c6b827e
82facb8f503f5df5682b954e17b6cbab49aa0f61
1-N/A-N/A-20190617093019393805