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. 88423560 XTREME (Stylized and/or with Design, see http://uspto.report/TM/88423560/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 025 for Clothing and apparel, namely, children and adult shirts, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks; Sports clothing and apparel, namely, children and adult shirts, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks; Performance clothing and apparel having water resistant, stain resistant and/or flame retardant features, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks
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: Clothing and apparel, namely, children and adult shirts, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks; Sports clothing and apparel, namely, children and adult shirts, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks; Performance clothing and apparel having water resistant, stain resistant and/or flame retardant features, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks; Performance clothing and apparel having water resistant, stain resistant and/or flame retardant features, namely, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socksClass 025 for Clothing and apparel, namely, children and adult shirts, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks; Sports clothing and apparel, namely, children and adult shirts, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks; Performance clothing and apparel having water resistant, stain resistant and/or flame retardant features, namely, t-shirts, sweatshirts, pants, skirts, shorts, jackets, coats, vests, blouses, sweaters, suits, pullovers, jumpers, jogging sets, pajamas, underwear, loungewear, undergarments and socks
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: Maria A. Savio. Maria A. Savio of GOTTLIEB, RACKMAN & REISMAN, P.C., is located at

      270 MADISON AVENUE, 8TH FLOOR
      NEW YORK, New York 10016
      US
The docket/reference number is 5547/12.

The applicants proposed attorney information: Maria A. Savio. Maria A. Savio of GOTTLIEB, RACKMAN & REISMAN, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      270 MADISON AVENUE, 8TH FLOOR
      NEW YORK, New York 10016
      United States
The docket/reference number is 5547/12.

The email address is efiling@grr.com

Maria A. Savio 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: MARIA A. SAVIO. MARIA A. SAVIO of GOTTLIEB, RACKMAN & REISMAN, P.C., is located at

      270 MADISON AVENUE, 8TH FLOOR
      NEW YORK, New York 10016
      US
The docket/reference number is 5547/12.

The phone number is 212-684-3900.

The email address is efiling@grr.com

The applicants proposed correspondence information: Maria A. Savio. Maria A. Savio of GOTTLIEB, RACKMAN & REISMAN, P.C., is located at

      270 MADISON AVENUE, 8TH FLOOR
      NEW YORK, New York 10016
      United States
The docket/reference number is 5547/12.

The email address is efiling@grr.com; dmirman@grr.com; sintrona@grr.com

SIGNATURE(S)
Response Signature
Signature: /DM/     Date: 01/15/2020
Signatory's Name: Donna Mirman
Signatory's Position: Associate Attorney, Gottlieb, Rackman & Reisman, P.C. NY 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:    MARIA A. SAVIO
   GOTTLIEB, RACKMAN & REISMAN, P.C.
   
   270 MADISON AVENUE, 8TH FLOOR
   NEW YORK, New York 10016
Mailing Address:    Maria A. Savio
   GOTTLIEB, RACKMAN & REISMAN, P.C.
   270 MADISON AVENUE, 8TH FLOOR
   NEW YORK, New York 10016
        
Serial Number: 88423560
Internet Transmission Date: Wed Jan 15 15:34:40 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020011515344008
6549-88423560-700ece2e37a436b17f61a664af
bcf14f84b8e8f1a61c254ebc9ada213fe416b5a-
N/A-N/A-20200115150700507025