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. 88304075 GOLF (Stylized and/or with Design, see http://uspto.report/TM/88304075/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the attached remarks.

EVIDENCE
Evidence in the nature of Remarks. has been attached.
Original PDF file:
evi_20671224226-20190712100528584558_._3D_Design_Response_to_Office_Action_Remarks__F3122354x96B9E_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 014 for (Based on Use in Commerce) Key chains; jewelry

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for (Based on Intent to Use) Bags; handbags; (Based on Use in Commerce) All-purpose sports bags; duffle 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 04/00/2016 and first used in commerce at least as early as 04/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: (Based on Intent to Use) Bags; (Based on Intent to Use) Bags, namely, tote bags, book bags, bags made of leather or imitation leather or canvas or a combination thereof; handbags; (Based on Use in Commerce) All-purpose sports bags; duffle bagsClass 018 for (Based on Intent to Use) Bags, namely, tote bags, book bags, bags made of leather or imitation leather or canvas or a combination thereof; handbags; (Based on Use in Commerce) All-purpose sports bags; duffle bags
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 04/00/2016 and first used in commerce at least as early as 04/00/2016 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for (Based on Intent to Use) Clothing, namely, footwear, underwear, boxer briefs; (Based on Use in Commerce) Clothing, namely, shirts, t-shirts, pants, tops, bottoms, jackets, coats, denim jackets, jeans, belts, headwear, hats, bucket hats, caps, sweatshirts, sweaters, cardigans, hoodies, turtleneck sweaters, button down shirts, sweatpants, scarves, socks, vests
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 09/00/2015 and first used in commerce at least as early as 09/00/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: (Based on Intent to Use) Clothing, namely, footwear, underwear, boxer briefs; (Based on Use in Commerce) Clothing, namely, shirts, t-shirts, pants, tops, bottoms, jackets, coats, denim jackets, jeans, belts, headwear, hats, bucket hats, caps, sweatshirts, sweaters, cardigans, hoodies, turtleneck sweaters, button down shirts, sweatpants, scarves, socks, vests; (Based on Use in Commerce) Clothing, namely, shirts, t-shirts, pants, tops, bottoms, jackets, coats, denim jackets, jeans, belts, headwear, hats, bucket hats, caps being clothing, sweatshirts, sweaters, cardigans, hoodies, turtleneck sweaters, button down shirts, sweatpants, scarves, socks, vestsClass 025 for (Based on Intent to Use) Clothing, namely, footwear, underwear, boxer briefs; (Based on Use in Commerce) Clothing, namely, shirts, t-shirts, pants, tops, bottoms, jackets, coats, denim jackets, jeans, belts, headwear, hats, bucket hats, caps being clothing, sweatshirts, sweaters, cardigans, hoodies, turtleneck sweaters, button down shirts, sweatpants, scarves, socks, vests
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 09/00/2015 and first used in commerce at least as early as 09/00/2015 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Color Claim
The color(s) orange, blue, baby blue, brown, green, purple, yellow, and red is/are claimed as a feature of the mark.

SIGNATURE(S)
Response Signature
Signature: /lea/     Date: 07/12/2019
Signatory's Name: Lawrence E. Apolzon
Signatory's Position: Attorney of Record, New York City Bar Member

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: 88304075
Internet Transmission Date: Fri Jul 12 17:38:06 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201907121738066
12051-88304075-620ffc4921cb310adc498b9d6
79bc736069e44638c2acdab96d899158fce7e67d
b-N/A-N/A-20190712100528584558