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. 88355199 MR. SLEEP(Standard Characters, see http://uspto.report/TM/88355199/mark.png) has been amended as follows:

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

Applicant has succesfully petitioned to cancel the cited mark 5448561 and such mark is being cancelled by the USPTO in due course.

EVIDENCE
Evidence in the nature of ttab of the cancellation has been attached.
Original PDF file:
evi_17368176178-20191023125158428924_._ttabvue-91249755-OPP-1.pdf
Converted PDF file(s) ( 59 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Babydoll chemises and pajamas, Bermuda Shorts, Bodysuits, Boxers, Bra, Bralette, Briefs, Bustiers, Capris, Cardigans, Chemise, Corsets, Crop Top, Hats, Joggers, Kimono, Leggings, Molded Cup Bras, Negligee, Nightgown, union suits, Pajama Pant, Pajama Short, Pajamas, Palazzo Pants, Pants, Panty, Robe, Romper, Scarves, Shorts, Sleepshirt, Slippers, Socks, Sportsbras, Sweatpant, Sweatshirt, T Shirt, Tank Top, Teddys, Thermals, Thong, Trunks, Underwear
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: Babydoll chemises and pajamas, Bermuda Shorts, Bodysuits, Boxers, Bra, Bralette, Briefs, Bustiers, Capris, Cardigans, Chemise, Corsets, Crop Top, Hats, Joggers, Kimono, Leggings, Molded Cup Bras, Negligee, Nightgown, union suits, Pajama Pant, Pajama Short, Pajamas, Palazzo Pants, Pants, Panty, Robe, Romper, Scarves, Shorts, Sleepshirt, Slippers, Socks, Sportsbras, Sweatpant, Sweatshirt, T Shirt, Tank Top, Teddys, Thermals, Thong, Trunks, Underwear; Babydoll chemises and pajamas, Bermuda Shorts, Bodysuits, Boxers, Bra, Bralette, Briefs, Bustiers, Capris, Cardigans, Chemise, Corsets as clothing, Crop Top, Hats, Joggers in the nature of jogging suits, jogging pants, and jogging jackets, Kimono, Leggings, Molded Cup Bras, Negligee, Nightgown, union suits, Pajama Pant, Pajama Short, Pajamas, Palazzo Pants, Pants, Panties, Robe, Romper, Scarves, Shorts, Sleepshirt, Slippers, Socks, Sportsbras, Sweatpant, Sweatshirt, T Shirt, Tank Top, Teddys, Thermals in the nature of thermal pants and socks, Thong, Trunks, UnderwearClass 025 for Babydoll chemises and pajamas, Bermuda Shorts, Bodysuits, Boxers, Bra, Bralette, Briefs, Bustiers, Capris, Cardigans, Chemise, Corsets as clothing, Crop Top, Hats, Joggers in the nature of jogging suits, jogging pants, and jogging jackets, Kimono, Leggings, Molded Cup Bras, Negligee, Nightgown, union suits, Pajama Pant, Pajama Short, Pajamas, Palazzo Pants, Pants, Panties, Robe, Romper, Scarves, Shorts, Sleepshirt, Slippers, Socks, Sportsbras, Sweatpant, Sweatshirt, T Shirt, Tank Top, Teddys, Thermals in the nature of thermal pants and socks, Thong, Trunks, Underwear
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: David Faham. David Faham of FAHAM LAW LLC, is located at

      271 MAPLEWOOD AVENUE
      OAKHURST, New Jersey 07755
      US

The phone number is 212-961-7503.

The fax number is (212) 244-6346.

The email address is david@fahamlaw.com

The applicants proposed attorney information: David Faham. David Faham of FAHAM LAW LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      294 MAPLEWOOD AVENUE
      OAKHURST, New Jersey 07755
      United States

The phone number is 212-961-7503.

The fax number is (212) 244-6346.

The email address is david@fahamlaw.com

David Faham 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: DAVID FAHAM. DAVID FAHAM of FAHAM LAW LLC, is located at

      271 MAPLEWOOD AVENUE
      OAKHURST, New Jersey 07755
      US

The phone number is 212-961-7503.

The fax number is (212) 244-6346.

The email address is david@fahamlaw.com

The applicants proposed correspondence information: David Faham. David Faham of FAHAM LAW LLC, is located at

      294 MAPLEWOOD AVENUE
      OAKHURST, New Jersey 07755
      United States

The phone number is 212-961-7503.

The fax number is (212) 244-6346.

The email address is david@fahamlaw.com

SIGNATURE(S)
Response Signature
Signature: /df/     Date: 10/23/2019
Signatory's Name: David Faham
Signatory's Position: attorney of record, NJS bar member

Signatory's Phone Number: 2129617503

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:    DAVID FAHAM
   FAHAM LAW LLC
   
   271 MAPLEWOOD AVENUE
   OAKHURST, New Jersey 07755
Mailing Address:    David Faham
   FAHAM LAW LLC
   294 MAPLEWOOD AVENUE
   OAKHURST, New Jersey 07755
        
Serial Number: 88355199
Internet Transmission Date: Wed Oct 23 12:59:24 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910231259240
34153-88355199-610d715eef6189ee857b1bd87
aca9f56447f11c2ea35f881965a364e5e57358c-
N/A-N/A-20191023125158428924