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. 88410254 WESTMINSTER(Standard Characters, see http://uspto.report/TM/88410254/mark.png) has been amended as follows:

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

In the Office Action mailed July 19, 2019, the Examining Attorney refused registration of the applied-for mark for an indefinite identification of services and insufficient fees. Identification of Goods In the Office Action, the Examining Attorney asserted the identification of goods is indefinite and must be clarified. See 37 C.F.R. 2.32(a)(6); TMEP 1402.01. Applicant notes that no amendments were suggested for Class 20 and therefore assumes such identification is acceptable. Applicant respectfully proposes the following amended identification of services: Class 20 Mattresses; mattress foundations; pillows; adjustable mattress bases; bed frames Class 24 Mattress pads; mattress covers; bedding; namely, quilts; bed spreads; bed blankets; bed sheets spreads; flat bed sheets; fitted bed sheets; bed linens; comforters; duvets; pillow cases; pillow shams; bed shirts; coverlets; throws. Insufficient Fees The Examining Attorney stated the insufficient fees must be paid or the application identifies goods in more than one international class. Applicant herewith submits the required fee for the second international class in the applied-for mark. Conclusion In view of the foregoing remarks, Applicant respectfully submits that its applied-for mark is entitled to allowance. If the Examining Attorney requires any changes to the application that could be made by Examiner's Amendment, Applicant respectfully requests that she telephone the undersigned attorney at: (801) 533-9800. The Commissioner for Trademarks is authorized to charge any additional fees associated with this response to Deposit Account No. 23-3178.

EVIDENCE

Original PDF file:
evi_17452109192-20200117120320632037_._21903-4_2020-01-17_Response_to_Office_Action.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Mattresses; mattress foundations; pillows; adjustable mattress bases; bed frames
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: Class 020 for Mattresses; mattress foundations; pillows; adjustable mattress bases; bed frames
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Mattress pads; mattress covers; bedding; quilts; bed spreads; blankets; sheets; flat bed sheets; fitted bed sheets; bed linens; comforters; duvets; pillow cases; pillow shams; bed shirts; coverlets
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: Mattress pads; mattress covers; bedding; bedding namely, quilts; quilts; bed spreads; bed blankets; blankets; bed sheet spreads; sheets; flat bed sheets; fitted bed sheets; bed linens; comforters; duvets; pillow cases; pillow shams; bed shirts; coverlets; throwsClass 024 for Mattress pads; mattress covers; bedding namely, quilts; bed spreads; bed blankets; bed sheet spreads; flat bed sheets; fitted bed sheets; bed linens; comforters; duvets; pillow cases; pillow shams; bed shirts; coverlets; throws
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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Response Signature
Signature: /John C. Stringham/     Date: 01/17/2020
Signatory's Name: John C. Stringham
Signatory's Position: Attorney for Applicant, Utah Bar Member

Signatory's Phone Number: 8015339800

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.

        
RAM Sale Number: 88410254
RAM Accounting Date: 01/17/2020
        
Serial Number: 88410254
Internet Transmission Date: Fri Jan 17 20:39:11 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202001172039117
19908-88410254-7006b8e4daf7e4cc4a2dddaed
7fb8fb38a438a6acebcc48ca841ac177a874428a
8-CC-39104292-20200117120320632037