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. 88356509 MUSUBI(Standard Characters, see http://uspto.report/TM/88356509/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 018 for Bags, namely, handbags, sports bags, ladies' handbags, travelling bags; trunks, rucksacks, briefcases, wallets, purses, key rings and key holders made of leather; baggage, namely, luggage; coin purses
Original Filing Basis:
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 018037409 filed 03/18/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Bags, namely, handbags, sports bags, ladies' handbags, travelling bags; trunks, rucksacks, briefcases, wallets, purses, key rings and key holders made of leather; trunks being luggage, rucksacks, briefcases, wallets, purses; baggage, namely, luggage; coin pursesClass 018 for Bags, namely, handbags, sports bags, ladies' handbags, travelling bags; trunks being luggage, rucksacks, briefcases, wallets, purses; baggage, namely, luggage; coin purses
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 018037409 filed 03/18/2019]. 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.

The applicant's current attorney information: Allison Strickland Ricketts. Allison Strickland Ricketts of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is ACNE 1904380.

The applicants proposed attorney information: Allison Strickland Ricketts. Allison Strickland Ricketts of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      151 West 42nd St., 17th Fl
      New York, New York 10036
      United States
The docket/reference number is ACNE 1904380.

The phone number is 2128135967.

The email address is ricketts-docket@fzlz.com

Allison Strickland Ricketts submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: ALLISON STRICKLAND RICKETTS. ALLISON STRICKLAND RICKETTS of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is ACNE 1904380.

The phone number is 212-813-5967.

The email address is ricketts-docket@fzlz.com

The applicants proposed correspondence information: Allison Strickland Ricketts. Allison Strickland Ricketts of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      151 West 42nd St., 17th Fl
      New York, New York 10036
      United States
The docket/reference number is ACNE 1904380.

The phone number is 2128135967.

The email address is ricketts-docket@fzlz.com

SIGNATURE(S)
Response Signature
Signature: /Allison Strickland Ricketts/     Date: 08/16/2019
Signatory's Name: Allison Strickland Ricketts
Signatory's Position: Attorney of Record

Signatory's Phone Number: 2128135967

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:    ALLISON STRICKLAND RICKETTS
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   4 TIMES SQUARE, 17TH FLOOR
   NEW YORK, New York 10036
Mailing Address:    Allison Strickland Ricketts
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 West 42nd St., 17th Fl
   New York, New York 10036
        
Serial Number: 88356509
Internet Transmission Date: Fri Aug 16 16:19:53 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201908161619534
71012-88356509-610fbcca37adb4f23298b4e92
746318e2839a40f294274b8772c6ffb3b67bca8f
c-N/A-N/A-20190816155141486665