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. 88416435 NMF(Standard Characters, see http://uspto.report/TM/88416435/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 017 for Acoustic and thermal insulation for use in the manufacture of clothing, footwear, gloves, headgear and other wearable accessories considered as textile goods, and in the automotive, HVAC, appliance and commercial interior industries; insulating felt for use in the manufacture of clothing, footwear, gloves, headgear and other wearable accessories considered as textile goods, and in the automotive, HVAC, appliance and commercial interior industries
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: Acoustic and thermal insulation for use in the manufacture of clothing, footwear, gloves, headgear and other wearable accessories considered as textile goods, and in the automotive, HVAC, appliance and commercial interior industries; insulating felt for use in the manufacture of clothing, footwear, gloves, headgear and other wearable accessories considered as textile goods, and in the automotive, HVAC, appliance and commercial interior industries; insulating material of down"Class 017 for Acoustic and thermal insulation for use in the manufacture of clothing, footwear, gloves, headgear and other wearable accessories considered as textile goods, and in the automotive, HVAC, appliance and commercial interior industries; insulating felt for use in the manufacture of clothing, footwear, gloves, headgear and other wearable accessories considered as textile goods, and in the automotive, HVAC, appliance and commercial interior industries; insulating material of down"
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 022 for Down insulation
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: Down insulation; "Downs, down feathers and its enveloping system for use as stuffing material and a bag for stuffing material in jackets and other clothing to provide warmth and temperature protection in said clothingClass 022 for "Downs, down feathers and its enveloping system for use as stuffing material and a bag for stuffing material in jackets and other clothing to provide warmth and temperature protection in said clothing
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: Jonathan G. Morton. Jonathan G. Morton of MORTON & ASSOCIATES LLP, is located at

      4TH FLOOR
      246 WEST BROADWAY
      NEW YORK, New York 10013
      US
The docket/reference number is 15162/2019.

The phone number is 212-468-5515.

The fax number is 212-656-1828.

The email address is jm@moas.com

The applicants proposed attorney information: Jonathan G. Morton. Jonathan G. Morton of MORTON & ASSOCIATES LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4TH FLOOR
      246 WEST BROADWAY
      NEW YORK, New York 10013
      United States
The docket/reference number is 15162/2019.

The phone number is 212-468-5515.

The fax number is 212-656-1828.

The email address is jm@moas.com

Jonathan G. Morton 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: JONATHAN G. MORTON. JONATHAN G. MORTON of MORTON & ASSOCIATES LLP, is located at

      4TH FLOOR
      246 WEST BROADWAY
      NEW YORK, New York 10013
      US
The docket/reference number is 15162/2019.

The phone number is 212-468-5515.

The fax number is 212-656-1828.

The email address is jm@moas.com; rm@moas.com

The applicants proposed correspondence information: Jonathan G. Morton. Jonathan G. Morton of MORTON & ASSOCIATES LLP, is located at

      4TH FLOOR
      246 WEST BROADWAY
      NEW YORK, New York 10013
      United States
The docket/reference number is 15162/2019.

The phone number is 212-468-5515.

The fax number is 212-656-1828.

The email address is jm@moas.com; trademark.desk@moas.com

SIGNATURE(S)
Response Signature
Signature: /Jonathan G. Morton/     Date: 11/28/2019
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-468-5483

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:    JONATHAN G. MORTON
   MORTON & ASSOCIATES LLP
   4TH FLOOR
   246 WEST BROADWAY
   NEW YORK, New York 10013
Mailing Address:    Jonathan G. Morton
   MORTON & ASSOCIATES LLP
   4TH FLOOR
   246 WEST BROADWAY
   NEW YORK, New York 10013
        
Serial Number: 88416435
Internet Transmission Date: Wed Nov 27 21:21:08 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20191127212108132
631-88416435-700b987aa341321ad2c8e3bbdf7
2a62551630e922e2a0cf5c1326c333669f411c34
-N/A-N/A-20191127191113176772