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. 88324878 ARTIKA(Standard Characters, see http://uspto.report/TM/88324878/mark.png) has been amended as follows:

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

In the Office Action issued on September 4, 2019, the Examiner cited Reg. Nos. 5092935 and 5615788 as barriers to registration of Applicant's mark. Applicant has initiated cancellation actions regarding both of these registrations (Proceeding Nos. 92073151 and 92073192). Accordingly, Applicant requests that prosecution of the current application be suspended until the cancellation actions are resolved.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Sinks; Showers; Toilet bowls; Faucets; Shower bases; Shower doors; plumbing fittings, namely, non-metal drain traps; Bathtubs; Whirlpool baths; Bathroom heaters; Shower heads; Bathroom vanity top sinks; Lighting fixtures; Electric lighting fixtures; LED lighting fixtures; LED solar lighting fixtures; LED lighting fixtures in the nature of light bars; Flexible LED strip for decorative purposes; Exterior and interiori light fixtures; light bulbs
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 12/31/2012 and first used in commerce at least as early as 12/31/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Sinks; Showers; Toilet bowls; Faucets; Shower bases; Shower doors; plumbing fittings, namely, non-metal drain traps; Bathtubs; Whirlpool baths; Bathroom heaters; Shower heads; Bathroom vanity top sinks; Lighting fixtures; Electric lighting fixtures; LED lighting fixtures; LED solar lighting fixtures; LED lighting fixtures in the nature of light bars; Flexible LED strip for decorative purposes; Exterior and interiori light fixtures; Exterior and interior light fixtures; light bulbsClass 011 for Sinks; Showers; Toilet bowls; Faucets; Shower bases; Shower doors; plumbing fittings, namely, non-metal drain traps; Bathtubs; Whirlpool baths; Bathroom heaters; Shower heads; Bathroom vanity top sinks; Lighting fixtures; Electric lighting fixtures; LED lighting fixtures; LED solar lighting fixtures; LED lighting fixtures in the nature of light bars; Flexible LED strip for decorative purposes; Exterior and interior light fixtures; light bulbs
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 12/31/2012 and first used in commerce at least as early as 12/31/2014 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /bms/     Date: 01/15/2020
Signatory's Name: Bradley M. Stohry
Signatory's Position: Attorney of record, Indiana bar member

Signatory's Phone Number: 3174238820

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.

        
Serial Number: 88324878
Internet Transmission Date: Wed Jan 15 10:29:48 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200115102948
355468-88324878-70060747df0bccbe858c93f5
a12efb45a4b537ccf7e8bfccfb144d87d9b96d94
-N/A-N/A-20200115102744577797