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 |
88303218 |
LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88303218/mark.png |
LITERAL ELEMENT |
DCCI |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
(Based on Use in Commerce) All-purpose athletic bags; All-purpose carrying bags; All purpose sport bags; Amenity bags sold empty;
Animal carriers; Backpacks; Bags for sports; Beach bags; Canvas shopping bags; Carry-all bags; Carry-on bags; Clutch bags; Courier bags; Drawstring bags; Duffel bags for travel; Duffle bags; Evening
bags; Flight bags; Garment bags for travel; Gym bags; Hiking bags; Messenger bags; Military duffle bags, garment bags for travel, tote bags, shoulder bags and backpacks; Sack packs, namely,
drawstring bags used as backpacks; School bags; Shaving bags sold empty; Shoe bags for travel; Shoulder bags; Sling bags; Small bags for men; Sports bags; Toiletry bags sold empty; Tote bags; Travel
bags; Traveling bags; Travelling bags; Weekend bags; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Book bags(Based on Intent to Use) Garment bags for travel made of leather;
Leather bags and wallets; Leather bags, suitcases and wallets; Leather and imitation leather bags; Leather and imitation leather sport bags and general purpose trolley bags; Overnight bags; Men's
clutch bags |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/01/2000 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/01/2000 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
(Based on Use in Commerce) All-purpose athletic bags; All-purpose carrying bags; All purpose sport bags; Amenity bags sold empty;
Animal carriers; Backpacks; Bags for sports; Beach bags; Canvas shopping bags; Carry-all bags; Carry-on bags; Clutch bags; Courier bags; Drawstring bags; Duffel bags for travel; Duffle bags; Evening
bags; Flight bags; Garment bags for travel; Gym bags; Hiking bags; Messenger bags; Military duffle bags, garment bags for travel, tote bags, shoulder bags and backpacks; Sack packs, namely,
drawstring bags used as backpacks; School bags; Shaving bags sold empty; Shoe bags for travel; Shoulder bags; Sling bags; Small bags for men; Sports bags; Toiletry bags sold empty; Tote bags; Travel
bags; Traveling bags; Travelling bags; Weekend bags; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Book bags(Based on Intent to Use) Garment bags for travel made of leather;
Leather bags and wallets; Leather bags, suitcases and wallets; Leather and imitation leather bags; Leather and imitation leather sport bags and general purpose trolley bags; Overnight bags; Men's
clutch bags |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/01/2000 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/01/2000 |
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\883\032\88303218\xml5\ ROA0002.JPG |
SPECIMEN DESCRIPTION |
Image of tote bag with mark |
DELETED FILING BASIS |
1(b) |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Athletic tops and bottoms for sports; Bathrobes; Bottoms as clothing; Combinations; Footwear; Gloves; Gloves as clothing; Hats; Hoods;
Jackets; Jerseys; Pajamas; Pants; Shirts; Skirts; Tops as clothing; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Vests; Wearable
garments and clothing, namely, shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Clothing wraps |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Athletic tops and bottoms for sports; Bathrobes; Bottoms as clothing; Combinations; Footwear; Gloves; Gloves as clothing; Hats; Hoods;
Jackets; Jerseys; Pajamas; Pants; Shirts; Skirts; Tops as clothing; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Vests; Wearable
garments and clothing, namely, shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Clothing wraps |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Aaron L. Hershman, Esq./ |
SIGNATORY'S NAME |
Aaron L. Hershman, Esq. |
SIGNATORY'S POSITION |
Attorney of Record, Connecticut bar member |
SIGNATORY'S PHONE NUMBER |
203-777-0001 |
DATE SIGNED |
05/23/2019 |
RESPONSE SIGNATURE |
/Aaron L. Hershman, Esq./ |
SIGNATORY'S NAME |
Aaron L. Hershman, Esq. |
SIGNATORY'S POSITION |
Attorney of record, Connecticut bar member |
SIGNATORY'S PHONE NUMBER |
203-777-0001 |
DATE SIGNED |
05/23/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu May 23 15:14:07 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190523151407422142-8830
3218-6204f6fa75cbbb63bf94
275e845bb4028caac394b882f
7963f4ba6528ab5bb526-N/A-
N/A-20190523142550165181 |
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.
88303218 DCCI (Stylized and/or with Design, see http://uspto.report/TM/88303218/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 018 for (Based on Use in Commerce) All-purpose athletic bags; All-purpose carrying bags; All purpose sport bags; Amenity bags sold empty; Animal carriers; Backpacks; Bags for
sports; Beach bags; Canvas shopping bags; Carry-all bags; Carry-on bags; Clutch bags; Courier bags; Drawstring bags; Duffel bags for travel; Duffle bags; Evening bags; Flight bags; Garment bags for
travel; Gym bags; Hiking bags; Messenger bags; Military duffle bags, garment bags for travel, tote bags, shoulder bags and backpacks; Sack packs, namely, drawstring bags used as backpacks; School
bags; Shaving bags sold empty; Shoe bags for travel; Shoulder bags; Sling bags; Small bags for men; Sports bags; Toiletry bags sold empty; Tote bags; Travel bags; Traveling bags; Travelling bags;
Weekend bags; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Book bags(Based on Intent to Use) Garment bags for travel made of leather; Leather bags and wallets; Leather bags,
suitcases and wallets; Leather and imitation leather bags; Leather and imitation leather sport bags and general purpose trolley bags; Overnight bags; Men's clutch bags
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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.
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, and 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.
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 12/01/2000 and first used in commerce at least as early as 12/01/2000 , and
is now in use in such commerce.
Proposed: Class 018 for (Based on Use in Commerce) All-purpose athletic bags; All-purpose carrying bags; All purpose sport bags; Amenity bags sold empty; Animal carriers; Backpacks; Bags for
sports; Beach bags; Canvas shopping bags; Carry-all bags; Carry-on bags; Clutch bags; Courier bags; Drawstring bags; Duffel bags for travel; Duffle bags; Evening bags; Flight bags; Garment bags for
travel; Gym bags; Hiking bags; Messenger bags; Military duffle bags, garment bags for travel, tote bags, shoulder bags and backpacks; Sack packs, namely, drawstring bags used as backpacks; School
bags; Shaving bags sold empty; Shoe bags for travel; Shoulder bags; Sling bags; Small bags for men; Sports bags; Toiletry bags sold empty; Tote bags; Travel bags; Traveling bags; Travelling bags;
Weekend bags; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Book bags(Based on Intent to Use) Garment bags for travel made of leather; Leather bags and wallets; Leather bags,
suitcases and wallets; Leather and imitation leather bags; Leather and imitation leather sport bags and general purpose trolley bags; Overnight bags; Men's clutch bags
Deleted Filing Basis: 1(b)
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 12/01/2000 and first used in commerce at least as early as 12/01/2000 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 018 . The specimen(s) submitted consists of Image of tote bag with mark .
"
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
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Athletic tops and bottoms for sports; Bathrobes; Bottoms as clothing; Combinations; Footwear; Gloves; Gloves as clothing; Hats; Hoods; Jackets; Jerseys; Pajamas; Pants;
Shirts; Skirts; Tops as clothing; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Vests; Wearable garments and clothing, namely, shirts;
Women's clothing, namely, shirts, dresses, skirts, blouses; Clothing wraps
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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.
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, and 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.
Proposed: Class 025 for Athletic tops and bottoms for sports; Bathrobes; Bottoms as clothing; Combinations; Footwear; Gloves; Gloves as clothing; Hats; Hoods; Jackets; Jerseys; Pajamas; Pants;
Shirts; Skirts; Tops as clothing; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Vests; Wearable garments and clothing, namely, shirts;
Women's clothing, namely, shirts, dresses, skirts, blouses; Clothing wraps
Filing Basis: Section 1(b), Intent to Use: 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 in the 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.
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, and 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.
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: /Aaron L. Hershman, Esq./ Date: 05/23/2019
Signatory's Name: Aaron L. Hershman, Esq.
Signatory's Position: Attorney of Record, Connecticut bar member
Signatory's Phone Number: 203-777-0001
Response Signature
Signature: /Aaron L. Hershman, Esq./ Date: 05/23/2019
Signatory's Name: Aaron L. Hershman, Esq.
Signatory's Position: Attorney of record, Connecticut bar member
Signatory's Phone Number: 203-777-0001
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88303218
Internet Transmission Date: Thu May 23 15:14:07 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201905231514074
22142-88303218-6204f6fa75cbbb63bf94275e8
45bb4028caac394b882f7963f4ba6528ab5bb526
-N/A-N/A-20190523142550165181