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)

---

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. 88419892 TAOS (Stylized and/or with Design, see http://uspto.report/TM/88419892/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 018 for Duffel bags, overnight bags, travel bags; All-purpose carrying bags; Handbags; Tote bags; Athletic bags; Backpacks; luggage, Luggage tags; Umbrellas

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing, namely, shirts, jackets, caps, hats, coats, pants, t-shirts, tank tops, jackets, fleece jackets, parkas, anoraks, vests, coveralls, earmuffs, socks, gloves, sweaters, sweatshirts, bandanas, running and athletic shorts, jogging suits, exercise pants, exercise suits, sweatpants, shorts, underwear, boxer shorts; Outerwear, namely, shell jackets, one-piece shell suits, ski wear, ski suits, ski vests, ski jackets, ski bibs, bib overalls, bib pants, snowboard jackets, snowboard pants, snowboard hats, snowboard gloves, snow pants, snow suits, rain wear, rain jackets, rain pants, gaiters, namely, neck gaiters, leg gaiters and ankle gaiters

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Jewelry; Imitation jewelry; Jewelry boxes and cases; Key chains; Ornamental pins; collectible non-monetary coins
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: Jewelry; Imitation jewelry; Jewelry boxes and cases; Key chains; Ornamental pins; Ornamental lapel pins; collectible non-monetary coinsClass 014 for Jewelry; Imitation jewelry; Jewelry boxes and cases; Key chains; Ornamental lapel pins; collectible non-monetary coins
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 021 for Beverage ware; Beverage glassware; Drinking glasses, namely, tumblers; jugs; mugs; beer growlers; drink holder, namely, insulating sleeve holders for beverage cans and bottles; stainless steel drink holders; stainless steel beverageware; Cocktail glasses; Cups; Beer mugs and steins; shot glasses; water bottles sold empty; Wine openers and cork screws
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: Beverage ware; Beverage glassware; Drinking glasses, namely, tumblers; jugs; mugs; beer growlers; drink holder, namely, insulating sleeve holders for beverage cans and bottles; Portable beverage container holder made of stainless steel; stainless steel drink holders; stainless steel beverageware; Cocktail glasses; Cups; Beer mugs and steins; shot glasses; water bottles sold empty; Wine openers and cork screwsClass 021 for Beverage ware; Beverage glassware; Drinking glasses, namely, tumblers; jugs; mugs; beer growlers; drink holder, namely, insulating sleeve holders for beverage cans and bottles; Portable beverage container holder made of stainless steel; stainless steel drink holders; stainless steel beverageware; Cocktail glasses; Cups; Beer mugs and steins; shot glasses; water bottles sold empty; Wine openers and cork screws
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 043 for Online ticket booking services for hotel; Hotel services; Providing temporary accommodations; Services for providing food and drink; Restaurant services; Providing meeting rooms; Travel agency services, namely, making reservations and booking for temporary lodging; Providing hotel accommodation; resort hotel services; restaurant, café and bar services offered at a ski resort
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: Online ticket booking services for hotel; Providing online reservations and bookings for temporary lodging and accommodations at hotels; Hotel services; Providing temporary accommodations; Services for providing food and drink; Restaurant services; Providing meeting rooms; Rental of meeting rooms; Travel agency services, namely, making reservations and booking for temporary lodging; Providing hotel accommodation; resort hotel services; restaurant, café and bar services offered at a ski resortClass 043 for Providing online reservations and bookings for temporary lodging and accommodations at hotels; Hotel services; Providing temporary accommodations; Services for providing food and drink; Restaurant services; Rental of meeting rooms; Travel agency services, namely, making reservations and booking for temporary lodging; Providing hotel accommodation; resort hotel services; restaurant, café and bar services offered at a ski resort
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 hereby adds the following class of goods/services to the application:
New: Class 041 for Rental of ski equipment
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: David C. Lee. David C. Lee of AKIN GUMP STRAUSS HAUER & FELD LLP, is located at

      2001 K STREET N.W.,
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 697585.0001.

The phone number is 202-887-4000.

The fax number is 202-887-4288.

The email address is dc_ipdocketing@akingump.com

The applicants proposed attorney information: David C. Lee. Other appointed attorneys are Karol Kepchar. David C. Lee of AKIN GUMP STRAUSS HAUER & FELD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2001 K STREET N.W.,
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 697585.0001.

The phone number is 202-887-4000.

The fax number is 202-887-4288.

The email address is dc_ipdocketing@akingump.com

David C. Lee 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: DAVID C. LEE. DAVID C. LEE of AKIN GUMP STRAUSS HAUER & FELD LLP, is located at

      2001 K STREET N.W.,
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 697585.0001.

The phone number is 202-887-4000.

The fax number is 202-887-4288.

The email address is dc_ipdocketing@akingump.com; dlee@AKINGUMP.com; blove@akingump.com

The applicants proposed correspondence information: David C. Lee. David C. Lee of AKIN GUMP STRAUSS HAUER & FELD LLP, is located at

      2001 K STREET N.W.,
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 697585.0001.

The phone number is 202-887-4000.

The fax number is 202-887-4288.

The email address is dc_ipdocketing@akingump.com; dlee@akingump.com

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


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

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: /David C. Lee/      Date: 12/20/2019
Signatory's Name: David C. Lee
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 202.887.4000


Response Signature
Signature: /David C. Lee/     Date: 12/20/2019
Signatory's Name: David C. Lee
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 202.887.4000

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:    DAVID C. LEE
   AKIN GUMP STRAUSS HAUER & FELD LLP
   
   2001 K STREET N.W.,
   WASHINGTON, District of Columbia 20006
Mailing Address:    David C. Lee
   AKIN GUMP STRAUSS HAUER & FELD LLP
   2001 K STREET N.W.,
   WASHINGTON, District of Columbia 20006
        
RAM Sale Number: 88419892
RAM Accounting Date: 12/20/2019
        
Serial Number: 88419892
Internet Transmission Date: Fri Dec 20 14:45:55 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20191220144555217
307-88419892-700abfa72718b789db9fa63d17e
f8862572e5684167062cb4ccbdbc292b409e-DA-
45545162-20191220125447610192