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. 88302429 CH (Stylized and/or with Design, see http://uspto.report/TM/88302429/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of A substitute specimen is attached, showing the goods associated with the mark and a method for ordering the goods in a trade publication. has been attached.
Original PDF file:
evi_668510091-20191029223614707735_._SKM_658e19102817060.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Lighting fixtures
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 01/01/2017 and first used in commerce at least as early as 01/01/2017 , and is now in use in such commerce.

Proposed: Class 011 for Lighting fixtures
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 01/01/2017 and first used in commerce at least as early as 01/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of Trade publication, i.e., advertisement showing specimen -- goods with ability to order (URL). .
"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].
Original PDF file:
SPU0-668510091-20191029223614707735_._SKM_658e19102817060.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Decorative 3D pillows and cushions; Furniture
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 01/01/2017 and first used in commerce at least as early as 01/01/2017 , and is now in use in such commerce.

Proposed: Class 020 for Decorative 3D pillows and cushions; Furniture
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 01/01/2017 and first used in commerce at least as early as 01/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 020 . The specimen(s) submitted consists of Trade publication, i.e., advertisement showing specimen -- goods with ability to order (URL). .
"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].
Original PDF file:
SPU1-668510091-20191029223614707735_._SKM_658e19102817060.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Bed linen
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 01/01/2017 and first used in commerce at least as early as 01/01/2017 , and is now in use in such commerce.

Proposed: Class 024 for Bed linen
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 01/01/2017 and first used in commerce at least as early as 01/01/2017 , 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 Trade publication, i.e., advertisement showing specimen -- goods with ability to order (URL) .
"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].
Original PDF file:
SPU2-668510091-20191029223614707735_._SKM_658e19102817060.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 027 for Area rugs
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 01/01/2017 and first used in commerce at least as early as 01/01/2017 , and is now in use in such commerce.

Proposed: Class 027 for Area rugs
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 01/01/2017 and first used in commerce at least as early as 01/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 027 . The specimen(s) submitted consists of Trade publication, i.e., advertisement showing specimen -- goods with ability to order (URL) .
"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].
Original PDF file:
SPU3-668510091-20191029223614707735_._SKM_658e19102817060.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

The applicant's current attorney information: Erin Brady. Erin Brady of NEUFELD MARKS, is located at

      315 W. NINTH ST. SUITE 501
      315 W. NINTH ST. SUITE 501
      LOS ANGELES, California 90015
      US

The phone number is 213-625-2625.

The fax number is 213-625-2650.

The email address is ebrady@neufeldmarks.com

The applicants proposed attorney information: Erin Brady. Erin Brady of NEUFELD MARKS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      315 W. NINTH ST. SUITE 501
      315 W. NINTH ST. SUITE 501
      LOS ANGELES, California 90015
      United States

The phone number is 213-625-2625.

The fax number is 213-625-2650.

The email address is ebrady@neufeldmarks.com

Erin Brady 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: ERIN BRADY. ERIN BRADY of NEUFELD MARKS, is located at

      315 W. NINTH ST. SUITE 501
      315 W. NINTH ST. SUITE 501
      LOS ANGELES, California 90015
      US

The phone number is 213-625-2625.

The fax number is 213-625-2650.

The email address is ebrady@neufeldmarks.com; pmarks@neufeldmarks.com

The applicants proposed correspondence information: Erin Brady. Erin Brady of NEUFELD MARKS, is located at

      315 W. NINTH ST. SUITE 501
      315 W. NINTH ST. SUITE 501
      LOS ANGELES, California 90015
      United States

The phone number is 213-625-2625.

The fax number is 213-625-2650.

The email address is ebrady@neufeldmarks.com; pmarks@neufeldmarks.com

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: /Paul Marks/      Date: 10/29/2019
Signatory's Name: Paul Marks
Signatory's Position: Attorney of record; partner, Neufeld Marks; California Bar Member
Signatory's Phone Number: 2136252625



Signature: /Paul Marks/      Date: 10/29/2019
Signatory's Name: Paul Marks
Signatory's Position: Attorney of record; Partner, Neufeld Marks; California Bar Member
Signatory's Phone Number: 2136252625


Response Signature
Signature: /Paul Marks/     Date: 10/29/2019
Signatory's Name: Paul Marks
Signatory's Position: Attorney of record; California Bar Member; Partner, Neufeld Marks

Signatory's Phone Number: 2136252625

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:    ERIN BRADY
   NEUFELD MARKS
   315 W. NINTH ST. SUITE 501
   315 W. NINTH ST. SUITE 501
   LOS ANGELES, California 90015
Mailing Address:    Erin Brady
   NEUFELD MARKS
   315 W. NINTH ST. SUITE 501
   315 W. NINTH ST. SUITE 501
   LOS ANGELES, California 90015
        
Serial Number: 88302429
Internet Transmission Date: Tue Oct 29 23:01:10 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191029230110689
792-88302429-7000f22688c1d9bb1fe8323297f
f85b3e88277b37c67758a7ba23fa143eb6c4-N/A
-N/A-20191029223614707735