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. 88367934 JOLLY JAMMIES(Standard Characters, see http://uspto.report/TM/88367934/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 Sleepwear; hats; scarves; adult's, infant's and children's clothing, namely, jumpsuits, one piece pajamas, blanket sleepers, infantwear, underwear, bodysuits, underclothes and undergarments; slippers; hosiery; underwear; bathrobes; clothing namely, pyjamas, sleep mask, socks, booties, moccasins, lingerie, chemises, undergarments; children's clothing; casual clothing; loungewear; Bedding, namely, bed sheets, bed linens, mattress toppers, mattress covers, duvet covers, comforters, pillow shams, pillow covers, throws, blankets, pillowcases, bed covers, bed skirts; Backpacks
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[ Canada application number 1954446 filed 03/29/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Sleepwear; hats; scarves; adult's, infant's and children's clothing, namely, jumpsuits, one piece pajamas, blanket sleepers, infantwear, underwear, bodysuits, underclothes and undergarments; adult's, infant's and children's clothing, namely, jumpsuits, one piece pajamas, underwear, bodysuits, underclothes and undergarments; infant sleepers having the weight of a blanket and being clothing; infantwear; slippers; hosiery; clothing namely, pyjamas, sleep mask, socks, booties, moccasins, lingerie, chemises, undergarments; underwear; children's clothing; bathrobes; casual clothing; clothing namely, pajamas, sleep mask, socks, booties, moccasins, lingerie, chemises, undergarments; children's clothing, namely, socks, shirts, pants, jackets, hooded sweatshirts, hats, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Bedding, namely, bed sheets, bed linens, mattress toppers, mattress covers, duvet covers, comforters, pillow shams, pillow covers, throws, blankets, pillowcases, bed covers, bed skirts; casual clothing, namely, shirts, pants, jackets, jerseys, dresses, blouses, hoods, t-shirts, long sleeve pullovers; Backpacks; loungewearClass 025 for Sleepwear; hats; scarves; adult's, infant's and children's clothing, namely, jumpsuits, one piece pajamas, underwear, bodysuits, underclothes and undergarments; infant sleepers having the weight of a blanket and being clothing; infantwear; slippers; hosiery; underwear; bathrobes; clothing namely, pajamas, sleep mask, socks, booties, moccasins, lingerie, chemises, undergarments; children's clothing, namely, socks, shirts, pants, jackets, hooded sweatshirts, hats, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; casual clothing, namely, shirts, pants, jackets, jerseys, dresses, blouses, hoods, t-shirts, long sleeve pullovers; loungewear
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 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 [ Canada application number 1954446 filed 03/29/2019]. 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 hereby appoints Peter Kunin. Other appointed attorneys are Cathleen E. Stadecker, William J. Morris III. Peter Kunin of DOWNS RACHLIN MARTIN PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 13615115UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

Peter Kunin 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: . , is located at

      
      ,

The applicants proposed correspondence information: Peter Kunin. Peter Kunin of DOWNS RACHLIN MARTIN PLLC, is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      United States
The docket/reference number is 13615115UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use JAMMIES apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Peter Kunin/     Date: 12/12/2019
Signatory's Name: Peter Kunin
Signatory's Position: Attorney of record, VT bar member

Signatory's Phone Number: 802-846-8342

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:    
   
   
   
   ,
Mailing Address:    Peter Kunin
   DOWNS RACHLIN MARTIN PLLC
   199 MAIN STREET, PO BOX 190
   BURLINGTON, Vermont 05402-0190
        
Serial Number: 88367934
Internet Transmission Date: Fri Dec 13 09:38:50 EST 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XX-201912130938506485
41-88367934-700d9c9e238a67dad7e5a4711bd4
1de681a5404f49927203255b738268873a0-N/A-
N/A-20191210161302219802