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. 88413320 BBJ LINEN(Standard Characters, see http://uspto.report/TM/88413320/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 021 for Chargers being dinnerware; napkin rings; napkin holders
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/17/1998 and first used in commerce at least as early as 09/17/1998 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Chargers being dinnerware; napkin rings; napkin holders; table mats not of paper or textile; place mats, not of paper or textileClass 021 for Chargers being dinnerware; napkin rings; napkin holders; table mats not of paper or textile; place mats, not of paper or textile
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/17/1998 and first used in commerce at least as early as 09/17/1998 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Table cloths not of paper, table mats not of paper, placemats not made of paper; fabric table runners, textile napkins, table linen, table skirts, unfitted fabric chair covers, fabric chair pad covers, and cloth banners
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/17/1998 and first used in commerce at least as early as 09/17/1998 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Table cloths not of paper, table mats not of paper, placemats not made of paper; Table cloths not of paper; fabric table runners, textile napkins, table linen, table skirts, unfitted fabric chair covers, fabric chair pad covers, and cloth banners; fabric table runners; table napkins of textile; table linen, table skirts of textile, unfitted fabric chair covers, unfitted fabric furniture covers in the nature of chair pad covers, and cloth banners; table mats of textile; place mats of textileClass 024 for Table cloths not of paper; fabric table runners; table napkins of textile; table linen, table skirts of textile, unfitted fabric chair covers, unfitted fabric furniture covers in the nature of chair pad covers, and cloth banners; table mats of textile; place mats of textile
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/17/1998 and first used in commerce at least as early as 09/17/1998 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Rental of table cloths not of paper, table mats not of paper, fabric table runners, textile napkins, table linen, table skirts, unfitted fabric chair covers, fabric chair pad covers, chair pads, chair ties and cloth banners
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/17/1998 and first used in commerce at least as early as 09/17/1998 , and is now in use in such commerce.

Proposed: Class 042 for Rental of table cloths not of paper, table mats not of paper, fabric table runners, textile napkins, table linen, table skirts, unfitted fabric chair covers, fabric chair pad covers, chair pads, chair ties and cloth banners
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/17/1998 and first used in commerce at least as early as 09/17/1998 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of Specimens 1 & 2 are screen captures of Applicant's website in existence as of the filing date; specimen 3 is page from Applicant's catalog; specimen 4 is a screen capture form Applicant's Facebook page. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU4-7120116729-20200120221504724293_._Class_42_specimen__website__1.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU4-7120116729-20200120221504724293_._Class_42_specimen__website__2.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU4-7120116729-20200120221504724293_._Class_42_specimen__catalog_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU4-7120116729-20200120221504724293_._Class_42_specimen__Facebook_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Nick Marsico. Nick Marsico of HUCK BOUMA PC, is located at

      1755 S. NAPERVILLE RD., STE. 200
      WHEATON, Illinois 60189
      US
The docket/reference number is 32633-1.

The phone number is 630-344-1158.

The fax number is 630-221-1756.

The email address is nmarsico@huckbouma.com

The applicants proposed attorney information: Nick Marsico. Nick Marsico of HUCK BOUMA PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1755 S. NAPERVILLE RD., STE. 200
      WHEATON, Illinois 60189
      United States
The docket/reference number is 32633-1.

The phone number is 630-344-1158.

The fax number is 630-221-1756.

The email address is nmarsico@huckbouma.com

Nick Marsico 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: NICK MARSICO. NICK MARSICO of HUCK BOUMA PC, is located at

      1755 S. NAPERVILLE RD., STE. 200
      WHEATON, Illinois 60189
      US
The docket/reference number is 32633-1.

The phone number is 630-344-1158.

The fax number is 630-221-1756.

The email address is nmarsico@huckbouma.com; kmetzler@huckbouma.com

The applicants proposed correspondence information: Nick Marsico. Nick Marsico of HUCK BOUMA PC, is located at

      1755 S. NAPERVILLE RD., STE. 200
      WHEATON, Illinois 60189
      United States
The docket/reference number is 32633-1.

The phone number is 630-344-1158.

The fax number is 630-221-1756.

The email address is nmarsico@huckbouma.com

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


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: /Nick Marsico/      Date: 01/20/2020
Signatory's Name: Nick Marsico
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 630-344-1158


Response Signature
Signature: /Nick Marsico/     Date: 01/20/2020
Signatory's Name: Nick Marsico
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 630-344-1158

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:    NICK MARSICO
   HUCK BOUMA PC
   
   1755 S. NAPERVILLE RD., STE. 200
   WHEATON, Illinois 60189
Mailing Address:    Nick Marsico
   HUCK BOUMA PC
   1755 S. NAPERVILLE RD., STE. 200
   WHEATON, Illinois 60189
        
Serial Number: 88413320
Internet Transmission Date: Mon Jan 20 22:43:35 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200120224335164885-88413320-7
00ed3917ec8c7ce89cf9c8bd44c37bdacf5fde7f
ad3a4c43239a45f5c2cf3196-N/A-N/A-2020012
0221504724293