Response to Office Action

CRESCENT

Apex Brands Inc.

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 88282866
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK http://uspto.report/TM/88282866/mark.png
LITERAL ELEMENT CRESCENT
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_641610870-20190829162129428700_._Response_to_Office_Action_CRESCENT_No_88282866.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0005.JPG
       ORIGINAL PDF FILE evi_641610870-20190829162129428700_._EXHIBIT_1.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0009.JPG
       ORIGINAL PDF FILE evi_641610870-20190829162129428700_._EXHIBIT_2.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\828\88282866\xml5\ROA0013.JPG
DESCRIPTION OF EVIDENCE FILE Arguments in response to Office Action with Exhibits 1 and 2
GOODS AND/OR SERVICES SECTION (018)(current)
INTERNATIONAL CLASS 018
DESCRIPTION
Bags; bags for tool storage; cases of leather for tool storage; backpacks; tool bags, empty
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (018)(proposed)
INTERNATIONAL CLASS 018
TRACKED TEXT DESCRIPTION
Bags; Bags for tool storage sold empty; bags for tool storage; cases of leather for tool storage sold empty; cases of leather for tool storage; backpacks; tool bags, empty
FINAL DESCRIPTION
Bags for tool storage sold empty; cases of leather for tool storage sold empty; backpacks; tool bags, empty
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(class deleted)
SIGNATURE SECTION
RESPONSE SIGNATURE /David A. Jackson/
SIGNATORY'S NAME David A. Jackson
SIGNATORY'S POSITION Attorney of record, Arizona bar member
DATE SIGNED 08/29/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Aug 30 11:52:59 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
190830115259704190-882828
66-610e4974be680eb88e5dd8
78795c4b5bfde822ddf8953f8
a2b26352ce6ea1d74a-N/A-N/
A-20190829162129428700



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. 88282866 CRESCENT(Standard Characters, see http://uspto.report/TM/88282866/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments in response to Office Action with Exhibits 1 and 2 has been attached.
Original PDF file:
evi_641610870-20190829162129428700_._Response_to_Office_Action_CRESCENT_No_88282866.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_641610870-20190829162129428700_._EXHIBIT_1.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_641610870-20190829162129428700_._EXHIBIT_2.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing; hats; caps; headgear; baseball t-shirts; jackets; ladies' work shirt; men's work shirt; sweatshirts; t-shirts; shirts; hooded fleece jacket; polo shirts; coats; twill shirts; windbreakers; shoes; boots; gloves; belts; ear muffs; non-slipping devices for footwear; overalls; smocks; socks; uniforms

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Bags; bags for tool storage; cases of leather for tool storage; backpacks; tool bags, empty
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: Bags; Bags for tool storage sold empty; bags for tool storage; cases of leather for tool storage sold empty; cases of leather for tool storage; backpacks; tool bags, emptyClass 018 for Bags for tool storage sold empty; cases of leather for tool storage sold empty; backpacks; tool bags, empty
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.

SIGNATURE(S)
Response Signature
Signature: /David A. Jackson/     Date: 08/29/2019
Signatory's Name: David A. Jackson
Signatory's Position: Attorney of record, Arizona bar member

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.

        
Serial Number: 88282866
Internet Transmission Date: Fri Aug 30 11:52:59 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190830115259704
190-88282866-610e4974be680eb88e5dd878795
c4b5bfde822ddf8953f8a2b26352ce6ea1d74a-N
/A-N/A-20190829162129428700


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