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 |
88290417 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK |
http://uspto.report/TM/88290417/mark.png |
LITERAL ELEMENT |
DIAMOND WOVENS |
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 |
024 |
DESCRIPTION |
Printed fabrics, namely, fabrics used in the manufacture of making clothing, crafts and gift items; printed fabrics, namely, cotton,
cotton poplin, cotton sheeting, cotton rayon, cotton yarn dyes, poly cotton yarn dyes, cotton flannel, flannel, polycotton flannel, knitted fabrics, jersey material, Batik fabric, hand spun silk
fabrics, spun silk fabrics, nylon, polyester, polymicrofiber, polynosic, rayon dobby, silk, wool; over-the-counter fabrics, namely, cotton fabric, silk fabric for use in making wearing apparel,
fabric for use in making home furnishings, curtain fabric, fabric for making crafts; fabric for use in making clothing, crafts and gift items; fabric piece goods of wool, cotton, silk, rayon,
polyester, nylon and mixtures thereof; cotton fabric; flannel |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 09/01/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/01/2008 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
024 |
TRACKED TEXT DESCRIPTION |
Printed fabrics, namely, fabrics used in the manufacture of making clothing, crafts and gift
items; Dyed yarn fabrics; printed fabrics, namely, cotton, cotton poplin, cotton sheeting, cotton rayon, cotton yarn dyes,
poly cotton yarn dyes, cotton flannel, flannel, polycotton flannel, knitted fabrics, jersey material, Batik fabric, hand spun silk fabrics, spun silk fabrics, nylon, polyester, polymicrofiber,
polynosic, rayon dobby, silk, wool; Printed fabrics, namely, fabrics used in the manufacture of making clothing, crafts being quilting materials, pouches, throw
pillows and gift items in the nature of quilting, curtains, pillow covers, upholstery; over-the-counter fabrics, namely, cotton fabric, silk fabric for use in
making wearing apparel, fabric for use in making home furnishings, curtain fabric, fabric for making crafts; printed fabrics, namely, cotton, cotton poplin,
cotton sheeting being bed sheets, cotton rayon, cotton yarn fabrics, poly cotton yarn fabrics, cotton flannel, flannel, polycotton flannel, knitted fabrics, jersey material, over-the-counter fabrics,
namely, cotton fabric, silk fabric for use in making wearing apparel, textile fabric for use in making home furnishings, curtain fabric, cotton, dobby, chambray, homespun, textured fabrics, IKAT,
gauze fabric for making crafts; fabric for use in making clothing, crafts and gift items; cotton, dobby, linen, chambray,
homespun, textured fabrics, IKAT, warp and weft fabric for use in making clothing, crafts and gift items; fabric piece goods of wool, cotton, silk, rayon,
polyester, nylon and mixtures thereof; fabric piece goods in the nature of table runners, unfitted, textile fabrics for home and commercial interiors, hand
towels of cotton, silk, rayon, and mixtures thereof; cotton fabric; flannel |
FINAL DESCRIPTION |
Dyed yarn fabrics; Printed fabrics, namely, fabrics used in the manufacture of making clothing, crafts being quilting materials,
pouches, throw pillows and gift items in the nature of quilting, curtains, pillow covers, upholstery; printed fabrics, namely, cotton, cotton poplin, cotton sheeting being bed sheets, cotton rayon,
cotton yarn fabrics, poly cotton yarn fabrics, cotton flannel, flannel, polycotton flannel, knitted fabrics, jersey material, over-the-counter fabrics, namely, cotton fabric, silk fabric for use in
making wearing apparel, textile fabric for use in making home furnishings, curtain fabric, cotton, dobby, chambray, homespun, textured fabrics, IKAT, gauze fabric for making crafts; cotton, dobby,
linen, chambray, homespun, textured fabrics, IKAT, warp and weft fabric for use in making clothing, crafts and gift items; fabric piece goods in the nature of table runners, unfitted, textile fabrics
for home and commercial interiors, hand towels of cotton, silk, rayon, and mixtures thereof; cotton fabric; flannel |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 09/01/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/01/2008 |
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\904\88290417\xml5\ ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT 17\882\904\88290417\xml5\ ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT 17\882\904\88290417\xml5\ ROA0004.JPG |
SPECIMEN DESCRIPTION |
photos of applicant's goods |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use WOVENS apart from the mark as shown. |
MISCELLANEOUS STATEMENT |
Applicant has submitted verified replacement specimens. If the Examining Attorney still requires additional information, Applicant is willing
to provide such additional information. |
ATTORNEY SECTION (current) |
NAME |
Alex Patel |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
PATEL & ALMEIDA, P.C. |
STREET |
16830 VENTURA BLVD., SUITE 360 |
CITY |
ENCINO |
STATE |
California |
POSTAL CODE |
91436 |
COUNTRY |
US |
PHONE |
818-380-1900 |
EMAIL |
gregory@paiplaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Alex Patel |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Patel & Almeida, P.C. |
STREET |
16830 Ventura Blvd., Suite 360 |
CITY |
Encino |
STATE |
California |
POSTAL CODE |
91436 |
COUNTRY |
United States |
PHONE |
818-380-1900 |
EMAIL |
chris@paiplaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
OTHER APPOINTED ATTORNEY |
Paulo A. de Almeida, Christopher Roden |
CORRESPONDENCE SECTION (current) |
NAME |
ALEX PATEL |
FIRM NAME |
PATEL & ALMEIDA, P.C. |
STREET |
16830 VENTURA BLVD., SUITE 360 |
CITY |
ENCINO |
STATE |
California |
POSTAL CODE |
91436 |
COUNTRY |
US |
PHONE |
818-380-1900 |
EMAIL |
gregory@paiplaw.com; Alex@paiplaw.com; Nikki@paiplaw.com; inbox@paiplaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Alex Patel |
FIRM NAME |
Patel & Almeida, P.C. |
STREET |
16830 Ventura Blvd., Suite 360 |
CITY |
Encino |
STATE |
California |
POSTAL CODE |
91436 |
COUNTRY |
United States |
PHONE |
818-380-1900 |
EMAIL |
chris@paiplaw.com; paulo@paiplaw.com; alex@paiplaw.com; nikki@paiplaw.com; inbox@paiplaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Christopher Roden/ |
SIGNATORY'S NAME |
Christopher Roden |
SIGNATORY'S POSITION |
Attorney |
SIGNATORY'S PHONE NUMBER |
8183801900 |
DATE SIGNED |
10/09/2019 |
RESPONSE SIGNATURE |
/Christopher Roden/ |
SIGNATORY'S NAME |
Christopher Roden |
SIGNATORY'S POSITION |
Attorney |
SIGNATORY'S PHONE NUMBER |
8183801900 |
DATE SIGNED |
10/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Oct 09 19:57:43 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20191009195743313337-8829
0417-610cd8223d27048969aa
fdcaa3397e9f90b0daa7b7dfe
1e56967af86e6b16b43-N/A-N
/A-20191009194931809521 |
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.
88290417 DIAMOND WOVENS(Standard Characters, see http://uspto.report/TM/88290417/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 024 for Printed fabrics, namely, fabrics used in the manufacture of making clothing, crafts and gift items; printed fabrics, namely, cotton, cotton poplin, cotton sheeting,
cotton rayon, cotton yarn dyes, poly cotton yarn dyes, cotton flannel, flannel, polycotton flannel, knitted fabrics, jersey material, Batik fabric, hand spun silk fabrics, spun silk fabrics, nylon,
polyester, polymicrofiber, polynosic, rayon dobby, silk, wool; over-the-counter fabrics, namely, cotton fabric, silk fabric for use in making wearing apparel, fabric for use in making home
furnishings, curtain fabric, fabric for making crafts; fabric for use in making clothing, crafts and gift items; fabric piece goods of wool, cotton, silk, rayon, polyester, nylon and mixtures
thereof; cotton fabric; flannel
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 09/01/2008 and first used in commerce at least as early as 09/01/2008 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Printed fabrics, namely, fabrics used in the manufacture of making clothing, crafts and gift items;
Dyed yarn fabrics;
printed fabrics, namely, cotton, cotton poplin, cotton sheeting, cotton rayon, cotton yarn dyes, poly cotton yarn dyes, cotton flannel,
flannel, polycotton flannel, knitted fabrics, jersey material, Batik fabric, hand spun silk fabrics, spun silk fabrics, nylon, polyester, polymicrofiber, polynosic, rayon dobby, silk, wool;
Printed fabrics, namely, fabrics used in the manufacture of making clothing, crafts being quilting materials, pouches, throw pillows and gift items in the nature of
quilting, curtains, pillow covers, upholstery;
over-the-counter fabrics, namely, cotton fabric, silk fabric for use in making wearing apparel, fabric for use in
making home furnishings, curtain fabric, fabric for making crafts;
printed fabrics, namely, cotton, cotton poplin, cotton sheeting being bed sheets, cotton
rayon, cotton yarn fabrics, poly cotton yarn fabrics, cotton flannel, flannel, polycotton flannel, knitted fabrics, jersey material, over-the-counter fabrics, namely, cotton fabric, silk fabric for
use in making wearing apparel, textile fabric for use in making home furnishings, curtain fabric, cotton, dobby, chambray, homespun, textured fabrics, IKAT, gauze fabric for making crafts;
fabric for use in making clothing, crafts and gift items;
cotton, dobby, linen, chambray, homespun, textured fabrics, IKAT,
warp and weft fabric for use in making clothing, crafts and gift items;
fabric piece goods of wool, cotton, silk, rayon, polyester, nylon and mixtures
thereof;
fabric piece goods in the nature of table runners, unfitted, textile fabrics for home and commercial interiors, hand towels of cotton, silk, rayon, and
mixtures thereof;
cotton fabric;
flannelClass 024 for Dyed yarn fabrics; Printed fabrics, namely, fabrics used in the manufacture of
making clothing, crafts being quilting materials, pouches, throw pillows and gift items in the nature of quilting, curtains, pillow covers, upholstery; printed fabrics, namely, cotton, cotton poplin,
cotton sheeting being bed sheets, cotton rayon, cotton yarn fabrics, poly cotton yarn fabrics, cotton flannel, flannel, polycotton flannel, knitted fabrics, jersey material, over-the-counter fabrics,
namely, cotton fabric, silk fabric for use in making wearing apparel, textile fabric for use in making home furnishings, curtain fabric, cotton, dobby, chambray, homespun, textured fabrics, IKAT,
gauze fabric for making crafts; cotton, dobby, linen, chambray, homespun, textured fabrics, IKAT, warp and weft fabric for use in making clothing, crafts and gift items; fabric piece goods in the
nature of table runners, unfitted, textile fabrics for home and commercial interiors, hand towels of cotton, silk, rayon, and mixtures thereof; cotton fabric; flannel
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 09/01/2008 and first used in commerce at least as early as 09/01/2008 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 024 . The specimen(s) submitted consists of photos of applicant's goods .
"
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
Specimen File2
Specimen File3
The applicant's current attorney information: Alex Patel. Alex Patel of PATEL & ALMEIDA, P.C., is located at
16830 VENTURA BLVD., SUITE 360
ENCINO, California 91436
US
The phone number is 818-380-1900.
The email address is gregory@paiplaw.com
The applicants proposed attorney information: Alex Patel. Other appointed attorneys are Paulo A. de Almeida, Christopher Roden. Alex Patel of Patel & Almeida, P.C., is a member of the XX
bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
16830 Ventura Blvd., Suite 360
Encino, California 91436
United States
The phone number is 818-380-1900.
The email address is chris@paiplaw.com
Alex Patel 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: ALEX PATEL. ALEX PATEL of PATEL & ALMEIDA, P.C., is located at
16830 VENTURA BLVD., SUITE 360
ENCINO, California 91436
US
The phone number is 818-380-1900.
The email address is gregory@paiplaw.com; Alex@paiplaw.com; Nikki@paiplaw.com; inbox@paiplaw.com
The applicants proposed correspondence information: Alex Patel. Alex Patel of Patel & Almeida, P.C., is located at
16830 Ventura Blvd., Suite 360
Encino, California 91436
United States
The phone number is 818-380-1900.
The email address is chris@paiplaw.com; paulo@paiplaw.com; alex@paiplaw.com; nikki@paiplaw.com; inbox@paiplaw.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use WOVENS apart from the mark as shown.
Miscellaneous Statement
Applicant has submitted verified replacement specimens. If the Examining Attorney still requires additional information, Applicant is willing to provide such additional information.
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: /Christopher Roden/ Date: 10/09/2019
Signatory's Name: Christopher Roden
Signatory's Position: Attorney
Signatory's Phone Number: 8183801900
Response Signature
Signature: /Christopher Roden/ Date: 10/09/2019
Signatory's Name: Christopher Roden
Signatory's Position: Attorney
Signatory's Phone Number: 8183801900
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: ALEX PATEL
PATEL & ALMEIDA, P.C.
16830 VENTURA BLVD., SUITE 360
ENCINO, California 91436
Mailing Address: Alex Patel
Patel & Almeida, P.C.
16830 Ventura Blvd., Suite 360
Encino, California 91436
Serial Number: 88290417
Internet Transmission Date: Wed Oct 09 19:57:43 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201910091957433
13337-88290417-610cd8223d27048969aafdcaa
3397e9f90b0daa7b7dfe1e56967af86e6b16b43-
N/A-N/A-20191009194931809521