Response to Office Action

DIAMOND WOVENS

Diamond Textiles 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 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


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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