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. 88388340 WORTHY (Stylized and/or with Design, see http://uspto.report/TM/88388340/mark.png) has been amended as follows:

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



EVIDENCE
Evidence in the nature of Exhibits 1,2-dictionary definitions of "Worth" Exhibits 3-5 -dictionary definitions of "Worthy" Exhibit 6 -website printout from Registrants internet address has been attached.
Original PDF file:
evi_20616132204-20200102131511456401_._Ex_1.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_20616132204-20200102131511456401_._Ex_2.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Original PDF file:
evi_20616132204-20200102131511456401_._Ex_3.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_20616132204-20200102131511456401_._Ex_4.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_20616132204-20200102131511456401_._Ex_5.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Original PDF file:
evi_20616132204-20200102131511456401_._Ex_6.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Headwear, caps, hats, skull caps, beanies, baseball caps and hats, sports caps and hats; clothing, namely, base layers, shirts, short-sleeve shirts, sweaters, pants, trousers, long- sleeved shirts, dress shirts, tee-shirts; footwear, shoes, sports shoes, beach shoes, sandals, slippers, sneakers, infants' shoes and boots, bath sandals, bath slippers, lace boots, boots, boots for sports, half-boots, esparto shoes or sandals, football shoes
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 01/02/2013 and first used in commerce at least as early as 01/02/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Headwear, caps, hats, skull caps, beanies, baseball caps and hats, sports caps and hats; Headwear, baseball caps, hats, skull caps, beanies, baseball caps and hats, sports caps and hats; clothing, namely, base layers, shirts, short-sleeve shirts, sweaters, pants, trousers, long- sleeved shirts, dress shirts, tee-shirts; footwear, shoes, sports shoes, beach shoes, sandals, slippers, sneakers, infants' shoes and boots, bath sandals, bath slippers, lace boots, boots, boots for sports, half-boots, esparto shoes or sandals, football shoesClass 025 for Headwear, baseball caps, hats, skull caps, beanies, baseball caps and hats, sports caps and hats; clothing, namely, base layers, shirts, short-sleeve shirts, sweaters, pants, trousers, long- sleeved shirts, dress shirts, tee-shirts; footwear, shoes, sports shoes, beach shoes, sandals, slippers, sneakers, infants' shoes and boots, bath sandals, bath slippers, lace boots, boots, boots for sports, half-boots, esparto shoes or sandals, football shoes
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 01/02/2013 and first used in commerce at least as early as 01/02/2013 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail services, namely, retail store, mail order, and online retail store services featuring clothing, fashion accessories, headwear, footwear, leather goods, cosmetics, jewelry, watches, fragrances, and eyewear
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 01/02/2013 and first used in commerce at least as early as 01/02/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail services, namely, retail store, mail order, and online retail store services featuring clothing, fashion accessories, headwear, footwear, leather goods, cosmetics, jewelry, watches, fragrances, and eyewear; Retail services, namely, retail store, mail order, and online retail store services featuring clothing, fashion accessories, headwear, footwear, leather goods, cosmetics, fragrances, and eyewearClass 035 for Retail services, namely, retail store, mail order, and online retail store services featuring clothing, fashion accessories, headwear, footwear, leather goods, cosmetics, fragrances, and eyewear
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 01/02/2013 and first used in commerce at least as early as 01/02/2013 , and is now in use in such commerce.
The applicant's current attorney information: Alexander G. Vodovozov. Alexander G. Vodovozov of HOFFMANN & BARON, LLP, is located at

      6900 JERICHO TURNPIKE
      SYOSSET, New York 11791
      US
The docket/reference number is 2572-3.

The phone number is 516-822-3550.

The fax number is 516-822-3582.

The email address is agvdocket@hbiplaw.com

The applicants proposed attorney information: Alexander G. Vodovozov. Alexander G. Vodovozov of HOFFMANN & BARON, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      6900 JERICHO TURNPIKE
      SYOSSET, New York 11791
      United States
The docket/reference number is 2572-3.

The phone number is 516-822-3550.

The fax number is 516-822-3582.

The email address is agvdocket@hbiplaw.com

Alexander G. Vodovozov 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: ALEXANDER G. VODOVOZOV. ALEXANDER G. VODOVOZOV of HOFFMANN & BARON, LLP, is located at

      6900 JERICHO TURNPIKE
      SYOSSET, New York 11791
      US
The docket/reference number is 2572-3.

The phone number is 516-822-3550.

The fax number is 516-822-3582.

The email address is agvdocket@hbiplaw.com

The applicants proposed correspondence information: Alexander G. Vodovozov. Alexander G. Vodovozov of HOFFMANN & BARON, LLP, is located at

      6900 JERICHO TURNPIKE
      SYOSSET, New York 11791
      United States
The docket/reference number is 2572-3.

The phone number is 516-822-3550.

The fax number is 516-822-3582.

The email address is agvdocket@hbiplaw.com; cmbdocket@hbiplaw.com

SIGNATURE(S)
Response Signature
Signature: /alexander g. vodovozov/     Date: 01/02/2020
Signatory's Name: Alexander G. Vodovozov
Signatory's Position: Attorney of Record, NYS bar

Signatory's Phone Number: 516-822-3550

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:    ALEXANDER G. VODOVOZOV
   HOFFMANN & BARON, LLP
   
   6900 JERICHO TURNPIKE
   SYOSSET, New York 11791
Mailing Address:    Alexander G. Vodovozov
   HOFFMANN & BARON, LLP
   6900 JERICHO TURNPIKE
   SYOSSET, New York 11791
        
Serial Number: 88388340
Internet Transmission Date: Thu Jan 02 14:27:54 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202001021427542
77918-88388340-700d55be5c10728272d167f9b
3b9378ab4ee65c7de2bd88f23f2a9eea13c6a0a2
-N/A-N/A-20200102131511456401