Response to Office Action

N1

N1 Awards and Apparel

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88330667
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88330667/mark.png
LITERAL ELEMENT N1
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
GOODS AND/OR SERVICES SECTION (class deleted)
GOODS AND/OR SERVICES SECTION (class added) Original Class (041)
INTERNATIONAL CLASS 025
DESCRIPTION
Custom apparel, namely, t-shirts, sweatshirts, long-sleeve shirts, hoodies.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 08/14/2018
        FIRST USE IN COMMERCE DATE At least as early as 08/14/2018
       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\306\88330667\xml4\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\883\306\88330667\xml4\ ROA0003.JPG
       SPECIMEN DESCRIPTION photos of applicant's goods bearing the mark as sold in commerce
NEW ATTORNEY SECTION
NAME Abraham Lichy
FIRM NAME The Lichy Law Firm, P.C.
STREET 222 East 68th Street
CITY New York
STATE New York
ZIP/POSTAL CODE 10065
COUNTRY United States
PHONE 9179333895
EMAIL alichy@lichylaw.com
AUTHORIZED EMAIL COMMUNICATION Yes
CORRESPONDENCE SECTION
ORIGINAL ADDRESS MARK VICTOR ALON IGNACIO
N1 AWARDS AND APPAREL
388 CRESTVIEW CIRCLE
DALY CITY
California
US
94015
NEW CORRESPONDENCE SECTION
NAME Abraham Lichy
FIRM NAME The Lichy Law Firm, P.C.
STREET 222 East 68th Street
CITY New York
STATE New York
ZIP/POSTAL CODE 10065
COUNTRY United States
PHONE 9179333895
EMAIL alichy@lichylaw.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /Abraham Lichy/
SIGNATORY'S NAME Abraham Lichy
SIGNATORY'S POSITION Attorney of Record, New York Bar Member
SIGNATORY'S PHONE NUMBER 9179333895
DATE SIGNED 06/28/2019
RESPONSE SIGNATURE /Abraham Lichy/
SIGNATORY'S NAME Abraham Lichy
SIGNATORY'S POSITION Attorney of Record, New York Bar Member
SIGNATORY'S PHONE NUMBER 9179333895
DATE SIGNED 06/28/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jun 28 15:27:21 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20190628152721928393-8833
0667-62094c25d741fe8189e4
c67a7a4ce039f67a5683a705a
1f65de2af0ea8dc494-N/A-N/
A-20190628151842259230



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. 88330667 N1 (Stylized and/or with Design, see http://uspto.report/TM/88330667/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Basketball league, trophies and awards, custom apparel and goods

Applicant hereby adds the following class of goods/services to the application:
New: Class 025 (Original Class: 041 ) for Custom apparel, namely, t-shirts, sweatshirts, long-sleeve shirts, hoodies.
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 08/14/2018 and first used in commerce at least as early as 08/14/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 025 . The specimen(s) submitted consists of photos of applicant's goods bearing the mark as sold in commerce .
"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
Specimen File2

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Abraham Lichy of The Lichy Law Firm, P.C., having an address of
222 East 68th Street New York, New York 10065
United States
alichy@lichylaw.com
9179333895


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MARK VICTOR ALON IGNACIO
N1 AWARDS AND APPAREL
388 CRESTVIEW CIRCLE
DALY CITY
California
US
94015

Proposed:
Abraham Lichy of The Lichy Law Firm, P.C., having an address of
222 East 68th Street New York, New York 10065
United States
alichy@lichylaw.com
9179333895



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: /Abraham Lichy/      Date: 06/28/2019
Signatory's Name: Abraham Lichy
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 9179333895


Response Signature
Signature: /Abraham Lichy/     Date: 06/28/2019
Signatory's Name: Abraham Lichy
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 9179333895

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.

Mailing Address:    Abraham Lichy
   The Lichy Law Firm, P.C.
   222 East 68th Street
   New York, New York 10065
        
Serial Number: 88330667
Internet Transmission Date: Fri Jun 28 15:27:21 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201906281527219
28393-88330667-62094c25d741fe8189e4c67a7
a4ce039f67a5683a705a1f65de2af0ea8dc494-N
/A-N/A-20190628151842259230


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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