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. 88384902 COACH (Stylized and/or with Design, see http://uspto.report/TM/88384902/mark.png) has been amended as follows:

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

Applicant clarifies that color is not a feature of the mark and is re-submitting black and white drawing and new specimen. We respectfully accept Examiner's suggested description: The mark consists of a stylized form of the word COACH. Thank you.

EVIDENCE
Evidence in the nature of Black and white drawing of the mark has been attached.
Original PDF file:
evi_209160216130-20200110115259997371_._Drawing_88384902__1_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for decorative key fobs, key chains, ornamental pins
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/00/2019 and first used in commerce at least as early as 02/00/2019 , and is now in use in such commerce.

Proposed: Class 014 for decorative key fobs, key chains, ornamental pins
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/00/2019 and first used in commerce at least as early as 02/00/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 014 . The specimen(s) submitted consists of Screenshot of website showing use of the mark in commerce .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-209160216130-20200110115259997371_._Coach_Hangtag___COACH.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

The applicant's current attorney information: Karla Aspiras. Karla Aspiras of Tapestry, Inc., is located at

      10 Hudson Yards
      New York, New York 10001
      US

The phone number is 212-946-3122.

The email address is kaspiras@tapestry.com

The applicants proposed attorney information: Karla Aspiras. Karla Aspiras of Tapestry, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      10 Hudson Yards
      New York, New York 10001
      United States

The phone number is 212-946-3122.

The email address is kaspiras@tapestry.com

Karla Aspiras 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: KARLA ASPIRAS. KARLA ASPIRAS of Tapestry, Inc., is located at

      10 Hudson Yards
      New York, New York 10001
      US

The phone number is 2129468400 ext. 100122.

The email address is kaspiras@tapestry.com; llutero@tapestry.com; trademarks@coach.com

The applicants proposed correspondence information: Karla Aspiras. Karla Aspiras of Tapestry, Inc., is located at

      10 Hudson Yards
      New York, New York 10001
      United States

The phone number is 212-946-8400 Ext. 100122.

The email address is kaspiras@tapestry.com; llutero@tapestry.com; trademarks@coach.com

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Karla Aspiras/      Date: 01/10/2020
Signatory's Name: Karla Aspiras
Signatory's Position: Attorney of record, New York Bar member 4656518
Signatory's Phone Number: (212) 946-8400 Ext. 100122


Response Signature
Signature: /Karla Aspiras/     Date: 01/10/2020
Signatory's Name: Karla Aspiras
Signatory's Position: Attorney of Record, New York Bar Member (#4656518)

Signatory's Phone Number: 2129468400 x 100122

The signatory has confirmed that an authorized U.S. licensed attorney has been appointed to represent the owner/holder; that he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c)(1) by the USPTO's Office of Enrollment and Discipline; and, that he/she is an authorized signatory based on 37 C.F.R. §11.14(c)(2).

Mailing Address:    KARLA ASPIRAS
   Tapestry, Inc.
   
   10 Hudson Yards
   New York, New York 10001
Mailing Address:    Karla Aspiras
   Tapestry, Inc.
   10 Hudson Yards
   New York, New York 10001
        
Serial Number: 88384902
Internet Transmission Date: Fri Jan 10 12:11:39 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200110121139
562781-88384902-700bf57e0b320a16662d3ccb
244ab9fbcbaaad462f9ad0e2f8a478a152732f9-
N/A-N/A-20200110115259997371