Response to Office Action

SAINT CANDLES

Ira Dewitt

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 88283957
LAW OFFICE ASSIGNED LAW OFFICE 122
MARK SECTION
MARK http://uspto.report/TM/88283957/mark.png
LITERAL ELEMENT SAINT CANDLES
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 004
DESCRIPTION
Candles, atmospheric fragrance accessories and preparations, fragrance diffusers, candle holders, candle jars, sachets
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/01/2018
        FIRST USE IN COMMERCE DATE At least as early as 12/01/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 004
TRACKED TEXT DESCRIPTION
Candles, atmospheric fragrance accessories and preparations, fragrance diffusers, candle holders, candle jars, sachets; Modern prayer candles
FINAL DESCRIPTION Modern prayer candles
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/01/2018
       FIRST USE IN COMMERCE DATE At least as early as 12/01/2018
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\882\839\88283957\xml5\ ROA0002.JPG
       SPECIMEN DESCRIPTION Screen shot of the applicant's products at the point of purchase.
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use CANDLES apart from the mark as shown.
ATTORNEY SECTION (current)
NAME Christine C. Washington Esq.
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
STREET 244 FIFTH AVENUE, SUITE 2660
CITY NEW YORK
STATE New York
POSTAL CODE 10001
COUNTRY US
EMAIL chriscwashington@aol.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Christine C. Washington Esq.
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 244 FIFTH AVENUE, SUITE 2660
CITY NEW YORK
STATE New York
POSTAL CODE 10001
COUNTRY United States
EMAIL chriscwashington@aol.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME CHRISTINE C. WASHINGTON ESQ.
STREET 244 FIFTH AVENUE, SUITE 2660
CITY NEW YORK
STATE New York
POSTAL CODE 10001
COUNTRY US
EMAIL chriscwashington@aol.com; christine@washingtontrademarks.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Christine C. Washington Esq.
STREET 244 FIFTH AVENUE, SUITE 2660
CITY NEW YORK
STATE New York
POSTAL CODE 10001
COUNTRY United States
EMAIL chriscwashington@aol.com; Christine@WashingtonTrademarks.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /ccw/
SIGNATORY'S NAME Christine C. Washington, Esq.
SIGNATORY'S POSITION Attorney of Record NYS
DATE SIGNED 10/01/2019
RESPONSE SIGNATURE /ccw/
SIGNATORY'S NAME Christine C. Washington, Esq.
SIGNATORY'S POSITION Attorney of Record NYS
DATE SIGNED 10/01/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Oct 01 18:14:04 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
191001181404817067-882839
57-610dd11d843ad2234cf468
56c2bb3ed6c51c739eb59892b
f303bdbc44351138bfe-N/A-N
/A-20191001180625635898



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. 88283957 SAINT CANDLES(Standard Characters, see http://uspto.report/TM/88283957/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 004 for Candles, atmospheric fragrance accessories and preparations, fragrance diffusers, candle holders, candle jars, sachets
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 12/01/2018 and first used in commerce at least as early as 12/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Candles, atmospheric fragrance accessories and preparations, fragrance diffusers, candle holders, candle jars, sachets; Modern prayer candlesClass 004 for Modern prayer candles
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 12/01/2018 and first used in commerce at least as early as 12/01/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 004 . The specimen(s) submitted consists of Screen shot of the applicant's products at the point of purchase. .
"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 applicant's current attorney information: Christine C. Washington Esq.. Christine C. Washington Esq., is located at

      244 FIFTH AVENUE, SUITE 2660
      NEW YORK, New York 10001
      US

The email address is chriscwashington@aol.com

The applicants proposed attorney information: Christine C. Washington Esq.. Christine C. Washington Esq., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      244 FIFTH AVENUE, SUITE 2660
      NEW YORK, New York 10001
      United States

The email address is chriscwashington@aol.com

Christine C. Washington Esq. 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: CHRISTINE C. WASHINGTON ESQ.. CHRISTINE C. WASHINGTON ESQ., is located at

      244 FIFTH AVENUE, SUITE 2660
      NEW YORK, New York 10001
      US

The email address is chriscwashington@aol.com; christine@washingtontrademarks.com

The applicants proposed correspondence information: Christine C. Washington Esq.. Christine C. Washington Esq., is located at

      244 FIFTH AVENUE, SUITE 2660
      NEW YORK, New York 10001
      United States

The email address is chriscwashington@aol.com; Christine@WashingtonTrademarks.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use CANDLES apart from the mark as shown.


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: /ccw/      Date: 10/01/2019
Signatory's Name: Christine C. Washington, Esq.
Signatory's Position: Attorney of Record NYS

Response Signature
Signature: /ccw/     Date: 10/01/2019
Signatory's Name: Christine C. Washington, Esq.
Signatory's Position: Attorney of Record NYS

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:    CHRISTINE C. WASHINGTON ESQ.
   
   
   244 FIFTH AVENUE, SUITE 2660
   NEW YORK, New York 10001
Mailing Address:    Christine C. Washington Esq.
   244 FIFTH AVENUE, SUITE 2660
   NEW YORK, New York 10001
        
Serial Number: 88283957
Internet Transmission Date: Tue Oct 01 18:14:04 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191001181404817
067-88283957-610dd11d843ad2234cf46856c2b
b3ed6c51c739eb59892bf303bdbc44351138bfe-
N/A-N/A-20191001180625635898


Response to Office Action [image/jpeg]


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