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. 88391745 NATURE COLLECTION (Stylized and/or with Design, see http://uspto.report/TM/88391745/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 018 for Bags; leather; leather leads; labels of leather; boxes made of leather; coverings of leather; feed bags for animals; clothing for animals; harness for horses; fur; parasols, namely, sun umbrellas; travelling bags; umbrellas; imitation leather; purses; canes; pouch bags; leather sacks; toiletry cases sold empty; toilet bags sold empty
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[ Korea, South application number 40-2019-0033 filed 03/06/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Bags; Bags, namely, handbags, tote bags, and traveling bags; leather; leather leads; labels of leather; boxes made of leather; coverings of leather; leather cases; feed bags for animals; clothing for animals; harness for horses; fur; fur pelts; parasols, namely, sun umbrellas; travelling bags; umbrellas; imitation leather; purses; canes; pouch bags; leather sacks; toiletry cases sold empty; toilet bags sold empty; toiletry bags sold emptyClass 018 for Bags, namely, handbags, tote bags, and traveling bags; leather; leather leads; labels of leather; boxes made of leather; leather cases; feed bags for animals; clothing for animals; harness for horses; fur pelts; parasols, namely, sun umbrellas; travelling bags; umbrellas; imitation leather; purses; canes; pouch bags; leather sacks; toiletry cases sold empty; toiletry bags sold empty
Deleted Filing Basis: 1(b)
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 [ Korea, South application number 2019-0033671 filed 03/06/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Korea, South registration number 1540442 registered 11/06/2019 with a renewal date of __________ and an expiration date of 11/06/2029 ], 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.
Original PDF file:
FRU0-3810034168-143221947_._opy_of_trademark_register_1540442_NaTuRe_collection___device.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

The applicant's current attorney information: Mark H. Tidman. Mark H. Tidman of BAKER & HOSTETLER LLP, is located at

      WASHINGTON SQUARE, SUITE 1100
      1050 CONNECTICUT AVENUE N.W.
      WASHINGTON, District of Columbia 20036
      US
The docket/reference number is 115263.TBD.

The phone number is 202-861-1500.

The fax number is 202-861-1783.

The email address is bhipdocket@bakerlaw.com

The applicants proposed attorney information: Mark H. Tidman. Other appointed attorneys are Harry H Park and All Other Attorneys of Baker & Hostetler LLP. Mark H. Tidman of BAKER & HOSTETLER 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

      WASHINGTON SQUARE, SUITE 1100
      1050 CONNECTICUT AVENUE N.W.
      WASHINGTON, District of Columbia 20036
      United States
The docket/reference number is 115263.00183.

The phone number is 202-861-1500.

The fax number is 202-861-1783.

The email address is bhipdocket@bakerlaw.com

Mark H. Tidman 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: MARK H. TIDMAN. MARK H. TIDMAN of BAKER & HOSTETLER LLP, is located at

      WASHINGTON SQUARE, SUITE 1100
      1050 CONNECTICUT AVENUE N.W.
      WASHINGTON, District of Columbia 20036
      US
The docket/reference number is 115263.TBD.

The phone number is 202-861-1500.

The fax number is 202-861-1783.

The email address is bhipdocket@bakerlaw.com; jkuh@bakerlaw.com; mtidman@bakerlaw.com; skim@bakerlaw.com

The applicants proposed correspondence information: Mark H. Tidman. Mark H. Tidman of BAKER & HOSTETLER LLP, is located at

      WASHINGTON SQUARE, SUITE 1100
      1050 CONNECTICUT AVENUE N.W.
      WASHINGTON, District of Columbia 20036
      United States
The docket/reference number is 115263.00183.

The phone number is 202-861-1500.

The fax number is 202-861-1783.

The email address is bhipdocket@bakerlaw.com; hpark@bakerlaw.com; jkuh@bakerlaw.com

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


Miscellaneous Statement
In response to the examining attorney's request for clarification of the applicant's entity type, the applicant confirms that it is a corporation organized under the laws of the Republic of Korea, which is consistent with the applicant's entity type in U.S. Registration Nos. 4,758,827, 4,978,917, 4,843,824, 4,917,965, 4,843,821, 5,089,171, 5,061,748, 5,052,550, 5,052,549, 5,034,259 and 5,871,137 and approved Application Serial Nos. 88/391907, 88/170779 and 87/904663. Since the applicant is a corporation and the Office has accepted this designation in the applicant's previously mentioned registrations and applications and in other registrations and applications owned by the applicant, the applicant respectfully requests that the examining attorney act consistently and accept the applicant's entity status as a corporation in the present instance.


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: /suk cha/      Date: 12/16/2019
Signatory's Name: Suk Cha
Signatory's Position: President

Response Signature
Signature: /hhp/     Date: 12/16/2019
Signatory's Name: Harry H. Park
Signatory's Position: Attorney for Applicant, DC bar member

Signatory's Phone Number: 202-861-1500

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:    MARK H. TIDMAN
   BAKER & HOSTETLER LLP
   WASHINGTON SQUARE, SUITE 1100
   1050 CONNECTICUT AVENUE N.W.
   WASHINGTON, District of Columbia 20036
Mailing Address:    Mark H. Tidman
   BAKER & HOSTETLER LLP
   WASHINGTON SQUARE, SUITE 1100
   1050 CONNECTICUT AVENUE N.W.
   WASHINGTON, District of Columbia 20036
        
Serial Number: 88391745
Internet Transmission Date: Mon Dec 16 14:40:14 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019121614401424
5528-88391745-7004d5cc82cf96821714d46eb9
8f980e4ce2d347a9fdb2cb244d5b5d01e5ea8e95
7-N/A-N/A-20191216143221947425