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. 88302221 BLACKGLAMA(Standard Characters, see http://uspto.report/TM/88302221/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 025 for pelerines; fur muffs; fur stoles; fur scarves; fur headbands; fur trim gloves; fur cuffs; fur handbags; fur earmuffs; fur shawls; fur wraps; fur coats; fur jackets; pelisses; fur hats; fur collars; fur cowls; fur mittens
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 05/22/1968 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1941113 filed 01/16/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: pelerines; fur muffs; fur stoles; fur scarves; fur headbands; fur trim gloves; fur cuffs; fur handbags; fur earmuffs; fur shawls; fur wraps, namely, clothing wraps; fur wraps; fur coats; fur jackets; pelisses; fur hats; fur collars; fur cowls in the nature of clothing; fur cowls; fur mittensClass 025 for pelerines; fur muffs; fur stoles; fur scarves; fur headbands; fur trim gloves; fur cuffs; fur earmuffs; fur shawls; fur wraps, namely, clothing wraps; fur coats; fur jackets; pelisses; fur hats; fur collars; fur cowls in the nature of clothing; fur mittens
Deleted Filing Basis: 1(a)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1941113 filed 01/16/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

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.

The applicant's current attorney information: Jeremy D. Bisdorf. Jeremy D. Bisdorf of JAFFE RAITT HEUER & WEISS, P.C., is located at

      27777 Franklin Road, Suite 2500
      Southfield, Michigan 48034
      US

The phone number is 2483513000.

The fax number is 2483513082.

The email address is trademark@jaffelaw.com

The applicants proposed attorney information: Jeremy D. Bisdorf. Other appointed attorneys are Lawrence R. Jordan, Peter M.Falkenstein, Casimir W. Cook II. Jeremy D. Bisdorf of Jaffe Raitt Heuer & Weiss, 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

      Suite 2500
      27777 Franklin Road
      Southfield, Michigan 48034
      United States
The docket/reference number is BLANEY/NAFA.

The phone number is 2483513000.

The fax number is 2483513082.

The email address is trademark@jaffelaw.com

Jeremy D. Bisdorf 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: Jeremy D. Bisdorf. Jeremy D. Bisdorf of JAFFE RAITT HEUER & WEISS, P.C., is located at

      27777 Franklin Road, Suite 2500
      Southfield, Michigan 48034
      US

The phone number is 2483513000.

The fax number is 2483513082.

The email address is trademark@jaffelaw.com

The applicants proposed correspondence information: Jeremy D. Bisdorf. Jeremy D. Bisdorf of Jaffe Raitt Heuer & Weiss, P.C., is located at

      Suite 2500
      27777 Franklin Road
      Southfield, Michigan 48034
      United States
The docket/reference number is BLANEY/NAFA.

The phone number is 2483513000.

The fax number is 2483513082.

The email address is trademark@jaffelaw.com; ccook@jaffelaw.com

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /CWC/     Date: 10/24/2019
Signatory's Name: Casimir W. Cook II
Signatory's Position: Attorney of Record, MI 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.

Mailing Address:    Jeremy D. Bisdorf
   JAFFE RAITT HEUER & WEISS, P.C.
   
   27777 Franklin Road, Suite 2500
   Southfield, Michigan 48034
Mailing Address:    Jeremy D. Bisdorf
   Jaffe Raitt Heuer & Weiss, P.C.
   Suite 2500
   27777 Franklin Road
   Southfield, Michigan 48034
        
Serial Number: 88302221
Internet Transmission Date: Thu Oct 24 16:51:37 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191024165137550
713-88302221-61049c66874bfa67eda1a84d8f8
657c9915e03333e6c94d5416999de8427783a3-N
/A-N/A-20191024164325999034