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. 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