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. 88346455 BERGFREUNDE(Standard Characters, see http://uspto.report/TM/88346455/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 025 for Clothing, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear, bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, dresses, gloves, belts, glove liners as clothing, neck gaiters, tights, underwear, thermal underwear, balaclavas, mittens, belts, skirts, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, camisoles, leggings, parkas, pullovers, gaiters, bathing trunks, hoodies, girdles, collar protectors, namely, scarves and neck gaiters, hosiery, sportswear, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear, bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, gloves, neck gaiters, thermal underwear, balaclavas, mittens, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, bras, leggings, parkas, pullovers, bathing trunks, hoodies; weather-resistant outdoor clothing, namely, coats, raincoats, pants, vests, gloves, socks, caps, hats, headbands, earcovers, jerseys; Outdoor apparel, namely, tech shells, jackets, pants, base layers, gloves, and hats; Ski boots and snowboard boots; Infant clothing, namely, bodysuits; Headwear, namely, caps, cap visors, hats, beanies, headbands
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:
Tracked Text Description: Clothing, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear, bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, dresses, gloves, belts, glove liners as clothing, neck gaiters, tights, underwear, thermal underwear, balaclavas, mittens, belts, skirts, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, camisoles, leggings, parkas, pullovers, gaiters, bathing trunks, hoodies, girdles, collar protectors, namely, scarves and neck gaiters, hosiery, sportswear, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear, bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, gloves, neck gaiters, thermal underwear, balaclavas, mittens, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, bras, leggings, parkas, pullovers, bathing trunks, hoodies; Clothing, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear in the nature of scarves, mufflers, neck gaiters, and bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, dresses, gloves, belts, glove liners as clothing, neck gaiters, tights, underwear, thermal underwear, balaclavas, mittens, belts, skirts, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, camisoles, leggings, parkas, pullovers, gaiters, bathing trunks, hoodies, girdles, collar protectors, namely, scarves and neck gaiters, hosiery, sportswear, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear in the nature of scarves, mufflers, neck gaiters, and bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, gloves, neck gaiters, thermal underwear, balaclavas, mittens, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, bras, leggings, parkas, pullovers, bathing trunks, hoodies; weather-resistant outdoor clothing, namely, coats, raincoats, pants, vests, gloves, socks, caps, hats, headbands, earcovers, jerseys; weather-resistant outdoor clothing, namely, coats, raincoats, pants, vests, gloves, socks, caps, hats, headbands, earcovers in the nature of ear warmers and ear muffs, and jerseys; Outdoor apparel, namely, tech shells, jackets, pants, base layers, gloves, and hats; Outdoor apparel, namely, technical shell jackets, jackets, pants, base layers, gloves, and hats; Ski boots and snowboard boots; Infant clothing, namely, bodysuits; Headwear, namely, caps, cap visors, hats, beanies, headbandsClass 025 for Clothing, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear in the nature of scarves, mufflers, neck gaiters, and bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, dresses, gloves, belts, glove liners as clothing, neck gaiters, tights, underwear, thermal underwear, balaclavas, mittens, belts, skirts, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, camisoles, leggings, parkas, pullovers, gaiters, bathing trunks, hoodies, girdles, collar protectors, namely, scarves and neck gaiters, hosiery, sportswear, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear in the nature of scarves, mufflers, neck gaiters, and bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, gloves, neck gaiters, thermal underwear, balaclavas, mittens, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, bras, leggings, parkas, pullovers, bathing trunks, hoodies; weather-resistant outdoor clothing, namely, coats, raincoats, pants, vests, gloves, socks, caps, hats, headbands, earcovers in the nature of ear warmers and ear muffs, and jerseys; Outdoor apparel, namely, technical shell jackets, jackets, pants, base layers, gloves, and hats; Ski boots and snowboard boots; Infant clothing, namely, bodysuits; Headwear, namely, caps, cap visors, hats, beanies, headbands
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.

The applicant's current attorney information: John M. Kim. John M. Kim of IPLA, LLP, is located at

      SUITE 200
      4445 EASTGATE MALL
      SAN DIEGO, California 92121
      US

The phone number is 858-272-0220.

The fax number is 858-272-0221.

The email address is trademarks@ipla.com

The applicants proposed attorney information: John M. Kim. Other appointed attorneys are Joshua J. Richman, Benjamin S. White, Molly M. Weitzberg, Irene B. Choe, Phillip L. Kim, Tajiana A. Zurita, Jennifer M. Abma, Zayde J. Khalil. John M. Kim of IPLA, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 200
      4445 Eastgate Mall
      San Diego, California 92121
      United States

The phone number is 858-272-0220.

The fax number is 858-272-0221.

The email address is trademarks@ipla.com

John M. Kim 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: JOHN M. KIM. JOHN M. KIM of IPLA, LLP, is located at

      SUITE 200
      4445 EASTGATE MALL
      SAN DIEGO, California 92121
      US

The phone number is 858-272-0220.

The fax number is 858-272-0221.

The email address is trademarks@ipla.com

The applicants proposed correspondence information: John M. Kim. John M. Kim of IPLA, LLP, is located at

      Suite 200
      4445 Eastgate Mall
      San Diego, California 92121
      United States

The phone number is 858-272-0220.

The fax number is 858-272-0221.

The email address is trademarks@ipla.com

SIGNATURE(S)
Response Signature
Signature: /bsw/     Date: 09/23/2019
Signatory's Name: Benjamin S. White
Signatory's Position: Attorney of Record - CA Bar Member

Signatory's Phone Number: 8582720220

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:    JOHN M. KIM
   IPLA, LLP
   SUITE 200
   4445 EASTGATE MALL
   SAN DIEGO, California 92121
Mailing Address:    John M. Kim
   IPLA, LLP
   Suite 200
   4445 Eastgate Mall
   San Diego, California 92121
        
Serial Number: 88346455
Internet Transmission Date: Mon Sep 23 18:35:07 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190923183507
422514-88346455-610cfcfec9ecfbe288e7e2d9
44ff54dee17b4a646513a3ff48f519d29a703871
43-N/A-N/A-20190918193639105534