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. 88398339 FOOTMATES SURE-TIE LACE HOLDER BELL (Stylized and/or with Design, see http://uspto.report/TM/88398339/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 026 for Shoe lace retainers
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: Shoe lace retainers; Fasteners for shoes in the nature of shoe lace retainersClass 026 for Fasteners for shoes in the nature of shoe lace retainers
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: David C. Brezina. David C. Brezina of LADAS & PARRY LLP, is located at

      SUITE 1600
      224 SOUTH MICHIGAN AVENUE
      CHICAGO, Illinois 60604
      US
The docket/reference number is 3T19714974.

The phone number is 312-427-1300.

The fax number is 3124276663.

The email address is chiustm@ladas.net

The applicants proposed attorney information: David C. Brezina. Other appointed attorneys are Burton S Ehrlich; Richard J Streit; Boris Umansky; Kevin A Thompson; John P Luther; James B Conte. David C. Brezina of LADAS & PARRY 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

      SUITE 1600
      224 SOUTH MICHIGAN AVENUE
      CHICAGO, Illinois 60604
      United States
The docket/reference number is 3T19714974.

The phone number is 312-427-1300.

The fax number is 3124276663.

The email address is chiustm@ladas.net

David C. Brezina 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: DAVID C. BREZINA. DAVID C. BREZINA of LADAS & PARRY LLP, is located at

      SUITE 1600
      224 SOUTH MICHIGAN AVENUE
      CHICAGO, Illinois 60604
      US
The docket/reference number is 3T19714974.

The phone number is 312-427-1300.

The fax number is 3124276663.

The email address is chiustm@ladas.net

The applicants proposed correspondence information: David C. Brezina. David C. Brezina of LADAS & PARRY LLP, is located at

      SUITE 1600
      224 SOUTH MICHIGAN AVENUE
      CHICAGO, Illinois 60604
      United States
The docket/reference number is 3T19714974.

The phone number is 312-427-1300.

The fax number is 3124276663.

The email address is chiustm@ladas.net; dbrezina@ladas.net; dbrezina@rcn.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Lace, Holder and Bell apart from the mark as shown.


Miscellaneous Statement
Applicant adopts the description of goods suggested by the Examining Attorney, although it is not believed by Applicant to be accurate. The goods retain the shoelaces by enclosing and therefore locking the knots against untying. Applicant views the shoelaces as the "fasteners" and believes that the noun "retainers" more accurately describes the goods. The goods retain the fasteners -- the shoelaces. However, if the Examining Attorney believes the public will be better informed by the proposed description, Applicant accepts that assessment.
Miscellaneous File1
Miscellaneous File2

SIGNATURE(S)
Response Signature
Signature: /David C Brezina/     Date: 12/09/2019
Signatory's Name: David C Brezina
Signatory's Position: Attorney for Applicant, Illinois Bar 3121581

Signatory's Phone Number: 312 427-1300

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:    DAVID C. BREZINA
   LADAS & PARRY LLP
   SUITE 1600
   224 SOUTH MICHIGAN AVENUE
   CHICAGO, Illinois 60604
Mailing Address:    David C. Brezina
   LADAS & PARRY LLP
   SUITE 1600
   224 SOUTH MICHIGAN AVENUE
   CHICAGO, Illinois 60604
        
Serial Number: 88398339
Internet Transmission Date: Mon Dec 09 18:04:20 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201912091804205
48268-88398339-700a8f843a5ba20b3471eff45
f73b5ef2c72af7ad74483127c5333745f384d14-
N/A-N/A-20191209173914598504