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. 88389888 OFFICE(Standard Characters, see http://uspto.report/TM/88389888/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of response to office action. has been attached.
Original PDF file:
evi_6473113252-20191203134523535764_._Response_to_Office_Action.docx___26997945_v1.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 009 for Headphones; cases for mobile phones and personal media devices; sunglasses; Accessories for mobile phones and personal media devices; covers, holders, carriers and straps for mobile phones and personal media devices; spectacles
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000309844 registered 07/31/2015 with a renewal date of __________ and an expiration date of 03/10/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Headphones; cases for mobile phones and personal media devices; cases for mobile phones and personal electronic media devices in the nature of media players, digital media streaming devices, computers, and personal digital assistants; sunglasses; accessories for mobile phones and personal media devices in the nature of media players, digital media streaming devices, computers, and personal digital assistants, namely, chargers, adaptors, data storage cards, protective coverings, power banks, tripods, stands, and grips; Accessories for mobile phones and personal media devices; covers, holders, carrying cases and straps for mobile phones and personal media devices in the nature of media players, digital media streaming devices, computers, and personal digital assistants; covers, holders, carriers and straps for mobile phones and personal media devices; spectaclesClass 009 for Headphones; cases for mobile phones and personal electronic media devices in the nature of media players, digital media streaming devices, computers, and personal digital assistants; accessories for mobile phones and personal media devices in the nature of media players, digital media streaming devices, computers, and personal digital assistants, namely, chargers, adaptors, data storage cards, protective coverings, power banks, tripods, stands, and grips; covers, holders, carrying cases and straps for mobile phones and personal media devices in the nature of media players, digital media streaming devices, computers, and personal digital assistants
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(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000309844 registered 07/31/2015 with a renewal date of __________ and an expiration date of 03/10/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Luggage; purses; wallets; umbrellas; Cases; holders; pouches; carriers; bags; handbags; parasols
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000309844 registered 07/31/2015 with a renewal date of __________ and an expiration date of 03/10/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Luggage; Purses; wallets; umbrellas; travel cases; Cases; coin, credit card, business card, membership and loyalty card, banknote, label, ticket, document, and key holders; holders; garment carriers, baby carrying bags, and animal carriers; pouches; carry-all and all-purpose carrying bags; carriers; handbags; bags; parasols; all of the foregoing excluding tote bagsClass 018 for Purses; wallets; umbrellas; travel cases; coin, credit card, business card, membership and loyalty card, banknote, label, ticket, document, and key holders; garment carriers, baby carrying bags, and animal carriers; carry-all and all-purpose carrying bags; handbags; parasols; all of the foregoing excluding tote bags
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(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000309844 registered 07/31/2015 with a renewal date of __________ and an expiration date of 03/10/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: Laura M. Konkel. Laura M. Konkel of MICHAEL BEST & FRIEDRICH LLP, is located at

      100 EAST WISCONSIN AVENUE, SUITE 3300
      MILWAUKEE, Wisconsin 53202
      US
The docket/reference number is 209117-9016.

The phone number is 608-257-3501.

The fax number is 608-283-2275.

The email address is mkeipdocket@michaelbest.com

The applicants proposed attorney information: Laura M. Konkel. Laura M. Konkel of MICHAEL BEST & FRIEDRICH LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      100 EAST WISCONSIN AVENUE, SUITE 3300
      MILWAUKEE, Wisconsin 53202
      United States
The docket/reference number is 209117-9016.

The phone number is 608-257-3501.

The fax number is 608-283-2275.

The email address is mkeipdocket@michaelbest.com

Laura M. Konkel 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: LAURA M. KONKEL. LAURA M. KONKEL of MICHAEL BEST & FRIEDRICH LLP, is located at

      100 EAST WISCONSIN AVENUE, SUITE 3300
      MILWAUKEE, Wisconsin 53202
      US
The docket/reference number is 209117-9016.

The phone number is 414-271-6560.

The fax number is 414-277-0656.

The email address is mkeipdocket@michaelbest.com; lmkonkel@michaelbest.com

The applicants proposed correspondence information: Laura M. Konkel. Laura M. Konkel of MICHAEL BEST & FRIEDRICH LLP, is located at

      100 EAST WISCONSIN AVENUE, SUITE 3300
      MILWAUKEE, Wisconsin 53202
      United States
The docket/reference number is 209117-9016.

The phone number is 608-257-3501.

The fax number is 608-283-2275.

The email address is mkeipdocket@michaelbest.com; lmkonkel@michaelbest.com

SIGNATURE(S)
Response Signature
Signature: /Laura Lamansky/     Date: 12/03/2019
Signatory's Name: Laura Lamansky
Signatory's Position: Associate Attorney, Michael Best & Friedrich LLP, Wisconsin Bar member

Signatory's Phone Number: 414-225-4958

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:    LAURA M. KONKEL
   MICHAEL BEST & FRIEDRICH LLP
   
   100 EAST WISCONSIN AVENUE, SUITE 3300
   MILWAUKEE, Wisconsin 53202
Mailing Address:    Laura M. Konkel
   MICHAEL BEST & FRIEDRICH LLP
   100 EAST WISCONSIN AVENUE, SUITE 3300
   MILWAUKEE, Wisconsin 53202
        
Serial Number: 88389888
Internet Transmission Date: Tue Dec 03 13:58:35 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019120313583534
0307-88389888-7001a6a87cd4651adb95aa1ede
3c69d3875cc1fa62c54f4403bdec26866cdf284d
a-N/A-N/A-20191203134523535764