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 |
88349986 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK |
http://uspto.report/TM/88349986/mark.png |
LITERAL ELEMENT |
X-TENSA |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing; Footwear; Headgear; Soles for footwear; Insoles for footwear; Belts |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018039199 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
03/21/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing; Clothing, namely, jackets, coats, T-shirts, sweatshirts,
shirts, skirts, shorts, pants, socks, scarves; Footwear; Headgear; Headgear, namely, hats,
caps; Soles for footwear; Insoles for footwear; Belts |
FINAL DESCRIPTION |
Clothing, namely, jackets, coats, T-shirts, sweatshirts, shirts, skirts, shorts, pants, socks, scarves; Footwear; Headgear, namely,
hats, caps; Soles for footwear; Insoles for footwear; Belts |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018039199 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
03/21/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
018039199 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
07/04/2019 |
FOREIGN EXPIRATION DATE |
07/04/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-6520724-153131097_._EUTM_no._018039199.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349986\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349986\xml4\ROA0003.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
ATTORNEY SECTION (current) |
NAME |
Mark Sommers |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL |
STREET |
901 NEW YORK AVENUE, NW |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20001 |
COUNTRY |
US |
PHONE |
202-408-4000 |
FAX |
202-408-4400 |
EMAIL |
docketing@finnegan.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
13900.0038 |
ATTORNEY SECTION (proposed) |
NAME |
Mark Sommers |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER |
STREET |
901 NEW YORK AVENUE, NW |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20001 |
COUNTRY |
United States |
PHONE |
202-408-4000 |
FAX |
202-408-4400 |
EMAIL |
docketing@finnegan.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
13900.0038 |
OTHER APPOINTED ATTORNEY |
all the other attorneys of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP |
CORRESPONDENCE SECTION (current) |
NAME |
MARK SOMMERS |
FIRM NAME |
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL |
STREET |
901 NEW YORK AVENUE, NW |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20001 |
COUNTRY |
US |
PHONE |
202-408-4000 |
FAX |
202-408-4400 |
EMAIL |
docketing@finnegan.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
13900.0038 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Mark Sommers |
FIRM NAME |
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER |
STREET |
901 NEW YORK AVENUE, NW |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20001 |
COUNTRY |
United States |
PHONE |
202-408-4000 |
FAX |
202-408-4400 |
EMAIL |
docketing@finnegan.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
13900.0038 |
SIGNATURE SECTION |
ORIGINAL PDF FILE |
HS_6520724-134127517_._Verified_Statement.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349986\xml4\ROA0004.JPG |
SIGNATORY'S NAME |
Michael Solhoj |
SIGNATORY'S POSITION |
Head of Intellectual Property |
SIGNATORY'S PHONE NUMBER |
Please Correspond with Attorney of Record |
RESPONSE SIGNATURE |
/Mark Sommers/ |
SIGNATORY'S NAME |
Mark Sommers |
SIGNATORY'S POSITION |
Attorney of Record, DC Bar Member |
SIGNATORY'S PHONE NUMBER |
202.408.4000 |
DATE SIGNED |
08/23/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Aug 23 15:35:52 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.X.X-2019
0823153552263081-88349986
-6108ab767113a2eacef6485b
fcdbb19e461e6afc304b82b9e
58991e90974f9b19-N/A-N/A-
20190823153131097691 |
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.
88349986 X-TENSA(Standard Characters, see http://uspto.report/TM/88349986/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; Footwear; Headgear; Soles for footwear; Insoles for footwear; Belts
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 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018039199 filed 03/21/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Clothing;
Clothing, namely, jackets, coats, T-shirts, sweatshirts, shirts, skirts, shorts, pants,
socks, scarves;
Footwear;
Headgear;
Headgear, namely, hats, caps;
Soles for footwear;
Insoles for footwear;
BeltsClass 025 for Clothing, namely, jackets, coats, T-shirts, sweatshirts, shirts,
skirts, shorts, pants, socks, scarves; Footwear; Headgear, namely, hats, caps; Soles for footwear; Insoles for footwear; Belts
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018039199 filed
03/21/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018039199
registered 07/04/2019 with a renewal date of __________ and an expiration date of 07/04/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-6520724-153131097_._EUTM_no._018039199.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2
The applicant's current attorney information: Mark Sommers. Mark Sommers of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is located at
901 NEW YORK AVENUE, NW
WASHINGTON, District of Columbia 20001
US
The docket/reference number is 13900.0038.
The phone number is 202-408-4000.
The fax number is 202-408-4400.
The email address is docketing@finnegan.com
The applicants proposed attorney information: Mark Sommers. Other appointed attorneys are all the other attorneys of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. Mark Sommers of
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
901 NEW YORK AVENUE, NW
WASHINGTON, District of Columbia 20001
United States
The docket/reference number is 13900.0038.
The phone number is 202-408-4000.
The fax number is 202-408-4400.
The email address is docketing@finnegan.com
Mark Sommers 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: MARK SOMMERS. MARK SOMMERS of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is located at
901 NEW YORK AVENUE, NW
WASHINGTON, District of Columbia 20001
US
The docket/reference number is 13900.0038.
The phone number is 202-408-4000.
The fax number is 202-408-4400.
The email address is docketing@finnegan.com
The applicants proposed correspondence information: Mark Sommers. Mark Sommers of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, is located at
901 NEW YORK AVENUE, NW
WASHINGTON, District of Columbia 20001
United States
The docket/reference number is 13900.0038.
The phone number is 202-408-4000.
The fax number is 202-408-4400.
The email address is docketing@finnegan.com
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_6520724-134127517_._Verified_Statement.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Michael Solhoj
Signatory's Position: Head of Intellectual Property
Signatory's Phone Number: Please Correspond with Attorney of Record
Response Signature
Signature: /Mark Sommers/ Date: 08/23/2019
Signatory's Name: Mark Sommers
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202.408.4000
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: MARK SOMMERS
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL
901 NEW YORK AVENUE, NW
WASHINGTON, District of Columbia 20001
Mailing Address: Mark Sommers
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER
901 NEW YORK AVENUE, NW
WASHINGTON, District of Columbia 20001
Serial Number: 88349986
Internet Transmission Date: Fri Aug 23 15:35:52 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2019082315355226308
1-88349986-6108ab767113a2eacef6485bfcdbb
19e461e6afc304b82b9e58991e90974f9b19-N/A
-N/A-20190823153131097691