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. 88371497 SIC (Stylized and/or with Design, see http://uspto.report/TM/88371497/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.


EVIDENCE

Original PDF file:
evi_1-507618069-20190814090131500987_._YOC001T300_Argument.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, Clothing for athletic use, shirts, t-shirts, sweatshirts, shorts, hooded sweatshirts, outerwear, pants, tops
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: Clothing, Clothing for athletic use, shirts, t-shirts, sweatshirts, shorts, hooded sweatshirts, outerwear, pants, tops; Consumer requested custom graphic designed clothing, namely, shirts, t shirts, sweatshirts, shorts, hooded sweatshirts, coats, jackets, pants and tops sold solely to the customer requesting the custom designed clothing; consumer requested custom graphic designed clothing for athletic use, namely, shirts, t-shirts, sweatshirts, shorts, hooded sweatshirts, coats, jackets, pants and tops sold solely to the customer requesting the custom designed clothingClass 025 for Consumer requested custom graphic designed clothing, namely, shirts, t shirts, sweatshirts, shorts, hooded sweatshirts, coats, jackets, pants and tops sold solely to the customer requesting the custom designed clothing; consumer requested custom graphic designed clothing for athletic use, namely, shirts, t-shirts, sweatshirts, shorts, hooded sweatshirts, coats, jackets, pants and tops sold solely to the customer requesting the custom designed clothing
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Clothing design services
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: Clothing design services; Consumer requested custom graphic clothing design servicesClass 042 for Consumer requested custom graphic clothing design services
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: MATTHEW J. GIPSON. MATTHEW J. GIPSON of PRICE HENEVELD LLP, is located at

      PO BOX 2567
      GRAND RAPIDS, Michigan 49501
      US
The docket/reference number is YOC001 T300.

The phone number is 616-949-9610 x1380.

The fax number is 6169578196.

The email address is ptomail@priceheneveld.com

The applicants proposed attorney information: MATTHEW J. GIPSON. Other appointed attorneys are Terry S. Callaghan, Jeffrey S. Kapteyn, Kevin T. Grzelak, Steven L. Underwood, Brian E. Ainsworth, Aaron J. Wong, Brian R. Cheslek, Gregory A. Lewis, Matthew J. Stark, Michael T. Hages, Daniel R. Hoovler, Ginta D. McNally, Jason L. Budd, M. Alyssa Barksdale, Caitlyn N. Silverblatt, Cassandra A. Green and David L. Coppiellie. MATTHEW J. GIPSON of PRICE HENEVELD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      PO BOX 2567
      GRAND RAPIDS, Michigan 49501
      United States
The docket/reference number is YOC001 T300.

The phone number is 616-949-9610 x1380.

The fax number is 6169578196.

The email address is ptomail@priceheneveld.com

MATTHEW J. GIPSON 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: MATTHEW J. GIPSON. MATTHEW J. GIPSON of PRICE HENEVELD LLP, is located at

      PO BOX 2567
      GRAND RAPIDS, Michigan 49501
      US
The docket/reference number is YOC001 T300.

The phone number is 616-949-9610 x1380.

The fax number is 6169578196.

The email address is ptomail@priceheneveld.com

The applicants proposed correspondence information: MATTHEW J. GIPSON. MATTHEW J. GIPSON of PRICE HENEVELD LLP, is located at

      PO BOX 2567
      GRAND RAPIDS, Michigan 49501
      United States
The docket/reference number is YOC001 T300.

The phone number is 616-949-9610 x1380.

The fax number is 6169578196.

The email address is ptomail@priceheneveld.com

SIGNATURE(S)
Response Signature
Signature: /Matthew J. Gipson/     Date: 08/14/2019
Signatory's Name: Matthew J. Gipson
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: 6169499610

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:    MATTHEW J. GIPSON
   PRICE HENEVELD LLP
   
   PO BOX 2567
   GRAND RAPIDS, Michigan 49501
Mailing Address:    MATTHEW J. GIPSON
   PRICE HENEVELD LLP
   PO BOX 2567
   GRAND RAPIDS, Michigan 49501
        
Serial Number: 88371497
Internet Transmission Date: Wed Aug 14 10:00:38 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190814100038362
468-88371497-6102e1c9fe51d5e7991faa9bef3
fdcbf8638e6e096a7b6532cfa5e6bb1ce482-N/A
-N/A-20190814090131500987