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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88403951 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
http://uspto.report/TM/88403951/mark.png |
LITERAL ELEMENT |
BLOODSHOT |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Request that "sleeping bags" be transferred to the coverage of this application from the Class 20 application that applicant filed on the same day
for the identical trademark under Serial No. 88403943. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
024 |
DESCRIPTION |
Household textile goods; bed linens, namely, bed blankets, bed sheets, bed sheet sets; pillow cases, comforters, duvet covers, pillow
shams, bed covers, bedspreads, bed skirts, bed spreads; blankets; throws; window curtains; curtains of textile or plastic; diaper changing cloths for babies; diaper changing pads not of paper; place
mats, not of paper; plastic table covers; towels; wash clothes; shower curtains; table cloths not of paper; table mats not of paper; textile wall hangings, namely, cloth posters; towels of textile;
throw rugs; kitchen linens, namely, dish cloths, kitchen towels |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
024 |
TRACKED TEXT DESCRIPTION |
Household textile goods; Household textile goods, namely, bed and
table linens; bed linens, namely, bed blankets, bed sheets, bed sheet sets; bed blankets, bed sheets, bed sheet sets;
pillow cases, comforters, duvet covers, pillow shams, bed covers, bedspreads, bed skirts, bed spreads; pillow cases, comforters,
duvet covers, pillow shams, bed covers, bedspreads, bed skirts, bed spreads, crib bumpers; blankets; blankets, namely,
bed blankets, blanket throws, children's blankets, pet blankets; throws; window curtains; curtains of textile or
plastic; diaper changing cloths for babies; diaper changing pads not of paper; place mats, not of paper;
plastic table covers; towels; wash clothes; shower curtains; table
cloths not of paper; table mats of textile; table mats not of paper; textile wall hangings, namely, cloth
posters; towels of textile; throw rugs; kitchen linens, namely, dish cloths, kitchen towels; sleeping bags. |
FINAL DESCRIPTION |
Household textile goods, namely, bed and table linens; bed blankets, bed sheets, bed sheet sets; pillow cases, comforters, duvet
covers, pillow shams, bed covers, bedspreads, bed skirts, bed spreads, crib bumpers; blankets, namely, bed blankets, blanket throws, children's blankets, pet blankets; throws; window curtains;
curtains of textile or plastic; diaper changing cloths for babies; diaper changing pads not of paper; place mats, not of paper; plastic table covers; towels; wash clothes; shower curtains; table
cloths not of paper; table mats of textile; table mats not of paper; textile wall hangings, namely, cloth posters; towels of textile; throw rugs; kitchen linens, namely, dish cloths, kitchen towels;
sleeping bags. |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Nancy Zoubek |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
RITHOLZ LEVY FIELDS LLP |
STREET |
235 PARK AVENUE SOUTH, THIRD FLOOR |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10003 |
COUNTRY |
US |
PHONE |
212-448-1800 |
EMAIL |
nzoubek@rlfllp.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Nancy Zoubek |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
RITHOLZ LEVY FIELDS LLP |
STREET |
235 PARK AVENUE SOUTH, THIRD FLOOR |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10003 |
COUNTRY |
United States |
PHONE |
212-448-1800 |
EMAIL |
nzoubek@rlfllp.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (current) |
NAME |
NANCY ZOUBEK |
FIRM NAME |
RITHOLZ LEVY FIELDS LLP |
STREET |
235 PARK AVENUE SOUTH, THIRD FLOOR |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10003 |
COUNTRY |
US |
PHONE |
212-448-1800 |
EMAIL |
nzoubek@rlfllp.com; trademark@rlfllp.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Nancy Zoubek |
FIRM NAME |
RITHOLZ LEVY FIELDS LLP |
STREET |
235 PARK AVENUE SOUTH, THIRD FLOOR |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10003 |
COUNTRY |
United States |
PHONE |
212-448-1800 |
EMAIL |
nzoubek@rlfllp.com; trademark@rlfllp.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/nancy zoubek/ |
SIGNATORY'S NAME |
Nancy Zoubek |
SIGNATORY'S POSITION |
Attorney of Record, New York |
SIGNATORY'S PHONE NUMBER |
212-448-1800 |
DATE SIGNED |
01/09/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jan 09 18:00:25 EST 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20200109180025166582-884
03951-700d5c1f986ad45c83b
b2af6cb0d95f3db38c85f8275
68cc3a33ba7825f5ff9d9-N/A
-N/A-20200109175251775579 |
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.
88403951 BLOODSHOT(Standard Characters, see http://uspto.report/TM/88403951/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Request that "sleeping bags" be transferred to the coverage of this application from the Class 20 application that applicant filed on the same day for the identical trademark under Serial No.
88403943.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Household textile goods; bed linens, namely, bed blankets, bed sheets, bed sheet sets; pillow cases, comforters, duvet covers, pillow shams, bed covers, bedspreads, bed
skirts, bed spreads; blankets; throws; window curtains; curtains of textile or plastic; diaper changing cloths for babies; diaper changing pads not of paper; place mats, not of paper; plastic table
covers; towels; wash clothes; shower curtains; table cloths not of paper; table mats not of paper; textile wall hangings, namely, cloth posters; towels of textile; throw rugs; kitchen linens, namely,
dish cloths, kitchen towels
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: Household textile goods;
Household textile goods, namely, bed and table linens;
bed linens, namely, bed blankets, bed sheets, bed sheet sets;
bed blankets, bed sheets, bed sheet sets;
pillow cases, comforters, duvet covers, pillow shams, bed covers, bedspreads, bed skirts, bed spreads;
pillow cases, comforters, duvet covers, pillow
shams, bed covers, bedspreads, bed skirts, bed spreads, crib bumpers;
blankets;
blankets, namely, bed blankets, blanket
throws, children's blankets, pet blankets;
throws;
window curtains;
curtains of textile or plastic;
diaper changing cloths for babies;
diaper changing pads not of paper;
place mats, not of paper;
plastic table
covers;
towels;
wash clothes;
shower curtains;
table cloths not of paper;
table mats of textile;
table mats not of paper;
textile wall hangings, namely, cloth posters;
towels of textile;
throw rugs;
kitchen linens, namely, dish cloths, kitchen towels;
sleeping
bags.Class 024 for Household textile goods, namely, bed and table linens; bed blankets, bed sheets, bed sheet sets; pillow cases, comforters, duvet covers, pillow shams, bed covers, bedspreads,
bed skirts, bed spreads, crib bumpers; blankets, namely, bed blankets, blanket throws, children's blankets, pet blankets; throws; window curtains; curtains of textile or plastic; diaper changing
cloths for babies; diaper changing pads not of paper; place mats, not of paper; plastic table covers; towels; wash clothes; shower curtains; table cloths not of paper; table mats of textile; table
mats not of paper; textile wall hangings, namely, cloth posters; towels of textile; throw rugs; kitchen linens, namely, dish cloths, kitchen towels; sleeping 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.
The applicant's current attorney information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is located at
235 PARK AVENUE SOUTH, THIRD FLOOR
NEW YORK, New York 10003
US
The phone number is 212-448-1800.
The email address is nzoubek@rlfllp.com
The applicants proposed attorney information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
235 PARK AVENUE SOUTH, THIRD FLOOR
NEW YORK, New York 10003
United States
The phone number is 212-448-1800.
The email address is nzoubek@rlfllp.com
Nancy Zoubek 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: NANCY ZOUBEK. NANCY ZOUBEK of RITHOLZ LEVY FIELDS LLP, is located at
235 PARK AVENUE SOUTH, THIRD FLOOR
NEW YORK, New York 10003
US
The phone number is 212-448-1800.
The email address is nzoubek@rlfllp.com; trademark@rlfllp.com
The applicants proposed correspondence information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is located at
235 PARK AVENUE SOUTH, THIRD FLOOR
NEW YORK, New York 10003
United States
The phone number is 212-448-1800.
The email address is nzoubek@rlfllp.com; trademark@rlfllp.com
SIGNATURE(S)
Response Signature
Signature: /nancy zoubek/ Date: 01/09/2020
Signatory's Name: Nancy Zoubek
Signatory's Position: Attorney of Record, New York
Signatory's Phone Number: 212-448-1800
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: NANCY ZOUBEK
RITHOLZ LEVY FIELDS LLP
235 PARK AVENUE SOUTH, THIRD FLOOR
NEW YORK, New York 10003
Mailing Address: Nancy Zoubek
RITHOLZ LEVY FIELDS LLP
235 PARK AVENUE SOUTH, THIRD FLOOR
NEW YORK, New York 10003
Serial Number: 88403951
Internet Transmission Date: Thu Jan 09 18:00:25 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200109180025
166582-88403951-700d5c1f986ad45c83bb2af6
cb0d95f3db38c85f827568cc3a33ba7825f5ff9d
9-N/A-N/A-20200109175251775579