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. 88410314  (Stylized and/or with Design, see http://uspto.report/TM/88410314/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 014 for Badges of precious metal; agates; jewelry, namely, amulets, pins, ingots of precious metal; jewelry, namely, charms; jewelry of amber; boxes for sweetmeats of precious metal; jewelry, namely, brooches; busts of precious metal; chronometer timepieces; chronoscopes; diamonds; boxes of precious metal; electric clocks; vegetable ivory jewelry; jewelry cases of precious metal; figurine statuettes of precious metal; gold wire jewelry; objects of imitation gold being imitation jewelry; hat ornaments of precious metal; watch chains; baskets of precious metal for household purposes; works of art of precious metal; jewelry, namely, medals and medallions; collectible coins; needle-shaped jewelry; decorative pins, namely, ornamental pins being jewelry; needles in the form of jewelry of precious metal; nutcrackers of precious metal; identity plates of precious metal; jewelry boxes of precious metal; sundials; spinel precious stones; statuettes of precious metal; stopwatches; paste jewelry, namely, semi-wrought precious imitation stone; commemorative statuary cups of precious metal; clocks and watches; pendulum clocks; alarm clocks
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: Badges of precious metal; agates; jewelry, namely, amulets, pins, ingots of precious metal; jewelry, namely, charms; jewelry of amber; boxes for sweetmeats of precious metal; jewelry, namely, brooches; busts of precious metal; chronometer timepieces; chronoscopes; diamonds; boxes of precious metal; electric clocks; vegetable ivory jewelry; jewelry cases of precious metal; figurine statuettes of precious metal; gold wire jewelry; objects of imitation gold being imitation jewelry; hat ornaments of precious metal; watch chains; baskets of precious metal for household purposes; works of art of precious metal; jewelry, namely, medals and medallions; collectible coins; needle-shaped jewelry; decorative pins, namely, ornamental pins being jewelry; needles in the form of jewelry of precious metal; nutcrackers of precious metal; identity plates of precious metal; jewelry boxes of precious metal; sundials; spinel precious stones; statuettes of precious metal; stopwatches; paste jewelry, namely, semi-wrought precious imitation stone; commemorative statuary cups of precious metal; clocks and watches; pendulum clocks; alarm clocksClass 014 for Badges of precious metal; agates; jewelry, namely, amulets, pins, ingots of precious metal; jewelry, namely, charms; jewelry of amber; boxes for sweetmeats of precious metal; jewelry, namely, brooches; busts of precious metal; chronometer timepieces; chronoscopes; diamonds; boxes of precious metal; electric clocks; vegetable ivory jewelry; jewelry cases of precious metal; figurine statuettes of precious metal; gold wire jewelry; objects of imitation gold being imitation jewelry; hat ornaments of precious metal; watch chains; baskets of precious metal for household purposes; works of art of precious metal; jewelry, namely, medals and medallions; collectible coins; needle-shaped jewelry; decorative pins, namely, ornamental pins being jewelry; needles in the form of jewelry of precious metal; identity plates of precious metal; jewelry boxes of precious metal; sundials; spinel precious stones; statuettes of precious metal; stopwatches; paste jewelry, namely, semi-wrought precious imitation stone; commemorative statuary cups of precious metal; clocks and watches; pendulum clocks; alarm clocks
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:
Current: Class 025 for Suits; baby wear, namely, layettes for clothing; swimsuit;, bathing trunks; bathrobes; swimming caps; bath sandals; bath slippers; neckerchief bandanas; clothing of imitation leather, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, over shirts, T-shirts; blouses; tank tops; blouson; skirts; head scarves; neck scarves; square scarves; stoles; pants; sports jerseys; beachwear and swimwear; swim trunks; swim suits; bikinis; swim shorts; beach shorts; Bermuda shorts; bathing gowns; beach suits and beach gowns; motorists' clothing, namely, gloves, pants, headwear; clothing and clothing of paper, namely, sport shirts, tie shirts, dress shirts, over shirts; pullovers; vests; shorts; jeans shirts; jeans blouses; jeans jackets; jeans overalls; jeans skirts; gym suits; track suits; track suit trousers; jogging suits; jogging trousers; jogging jackets; jogging pullovers; jogging blousons; tennis wear; Boot accessories, namely, decorative iron fitting covers, being appliqués, for boots; bodies, namely, body shapers; brassieres; garments, namely, belts; clothing for gymnastics, namely, leotards; gymnastic shoes; ankle boots in the nature of half-boots; scarves; gloves; slippers; shirt fronts; shirts; braces in the nature of suspenders; hats; clothing, namely, jerseys; designer clothing, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; headgear, namely, hats and baseball caps; camisoles; corsets being clothing; ties; bibs not of paper; clothing of leather, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; underwear; corselets; dressing gowns; muffs; caps being headwear; outer clothing, namely, earmuffs; clothing articles, namely, combinations; pelerines; fur coats; muffs and jackets; petticoats; jumpers; pajamas; cyclists' clothing, namely, cyclists jerseys; raincoats; sandals; veils; wimples; knickers; lace-up boots; shoes; footwear; aprons; ski boots; briefs; socks; sock suspenders; boots for sports; boots; headbands; esparto shoes or sandals; shawls; beachwear; beach shoes; garters; stockings; tights; sweaters; T-shirts; togas; knitwear, namely, skirts and tops; underpants; body linen; linen clothing, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; wetsuits for water-skiing; waistcoats; hosiery
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: Suits; baby wear, namely, layettes for clothing; swimsuit; , bathing trunks; bathrobes; swimming caps; bath sandals; bath slippers; neckerchief bandanas; clothing of imitation leather, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, over shirts, T-shirts; blouses; tank tops; blouson; skirts; head scarves; neck scarves; square scarves; stoles; pants; sports jerseys; beachwear and swimwear; swim trunks; swim suits; bikinis; swim shorts; beach shorts; Bermuda shorts; bathing gowns; beach suits and beach gowns; motorists' clothing, namely, gloves, pants, headwear; clothing and clothing of paper, namely, sport shirts, tie shirts, dress shirts, over shirts; pullovers; vests; shorts; jeans shirts; jeans blouses; jeans jackets; jeans overalls; jeans skirts; gym suits; track suits; track suit trousers; jogging suits; jogging trousers; jogging jackets; jogging pullovers; jogging blousons; tennis wear; Boot accessories, namely, decorative iron fitting covers, being appliqués, for boots; bodies, namely, body shapers; brassieres; garments, namely, belts; clothing for gymnastics, namely, leotards; gymnastic shoes; ankle boots in the nature of half-boots; scarves; gloves; slippers; shirt fronts; shirts; braces in the nature of suspenders; hats; clothing, namely, jerseys; designer clothing, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; headgear, namely, hats and baseball caps; camisoles; corsets being clothing; ties as clothing; ties; bibs not of paper; clothing of leather, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; underwear; corselets; dressing gowns; muffs; caps being headwear; outer clothing, namely, earmuffs; clothing articles, namely, combinations; pelerines; fur coats; muffs and jackets; petticoats; jumpers; pajamas; cyclists' clothing, namely, cyclists jerseys; raincoats; sandals; veils; wimples; knickers; lace-up boots; shoes; footwear; aprons; ski boots; briefs; socks; sock suspenders; boots for sports; boots; headbands; esparto shoes or sandals; shawls; beachwear; beach shoes; garters; stockings; tights; sweaters; T-shirts; togas; knitwear, namely, skirts and tops; underpants; body linen; linen clothing, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; wetsuits for water-skiing; waistcoats; hosieryClass 025 for Suits; baby wear, namely, layettes for clothing; swimsuit;, bathing trunks; bathrobes; swimming caps; bath sandals; bath slippers; neckerchief bandanas; clothing of imitation leather, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, over shirts, T-shirts; blouses; tank tops; blouson; skirts; head scarves; neck scarves; square scarves; stoles; pants; sports jerseys; beachwear and swimwear; swim trunks; swim suits; bikinis; swim shorts; beach shorts; Bermuda shorts; bathing gowns; beach suits and beach gowns; motorists' clothing, namely, gloves, pants, headwear; clothing and clothing of paper, namely, sport shirts, tie shirts, dress shirts, over shirts; pullovers; vests; shorts; jeans shirts; jeans blouses; jeans jackets; jeans overalls; jeans skirts; gym suits; track suits; track suit trousers; jogging suits; jogging trousers; jogging jackets; jogging pullovers; jogging blousons; tennis wear; bodies, namely, body shapers; brassieres; garments, namely, belts; clothing for gymnastics, namely, leotards; gymnastic shoes; ankle boots in the nature of half-boots; scarves; gloves; slippers; shirt fronts; shirts; braces in the nature of suspenders; hats; clothing, namely, jerseys; designer clothing, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; headgear, namely, hats and baseball caps; camisoles; corsets being clothing; ties as clothing; bibs not of paper; clothing of leather, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; underwear; corselets; dressing gowns; muffs; caps being headwear; outer clothing, namely, earmuffs; clothing articles, namely, combinations; pelerines; fur coats; muffs and jackets; petticoats; jumpers; pajamas; cyclists' clothing, namely, cyclists jerseys; raincoats; sandals; veils; wimples; knickers; lace-up boots; shoes; footwear; aprons; ski boots; briefs; socks; sock suspenders; boots for sports; boots; headbands; esparto shoes or sandals; shawls; beachwear; beach shoes; garters; stockings; tights; sweaters; T-shirts; togas; knitwear, namely, skirts and tops; underpants; body linen; linen clothing, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; wetsuits for water-skiing; waistcoats; hosiery
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.
Correspondence Information (current):
      Janice Housey
      PRIMARY EMAIL FOR CORRESPONDENCE: jhousey@symbus.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Janice Housey
      PRIMARY EMAIL FOR CORRESPONDENCE: jhousey@symbus.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Janice Housey/     Date: 05/05/2020
Signatory's Name: Janice Housey
Signatory's Position: Attorney of Record, Virginia Bar Member

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:    Janice Housey
   SYMBUS LAW GROUP, LLC
   
   PO BOX 777
   BERRYVILLE, Virginia 22611
Mailing Address:    Janice Housey
   SYMBUS LAW GROUP, LLC
   PO BOX 777
   BERRYVILLE, Virginia 22611
        
Serial Number: 88410314
Internet Transmission Date: Tue May 05 22:57:24 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200505225724521175-88410314-7
10a3f419c7d3c672fdb3cec22f0ac3abf5b80732
18b8b149a28e4e26e4b943d9a-N/A-N/A-202005
05225106956725