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. 88448946 RUN LIKE A GIRL(Standard Characters, see http://uspto.report/TM/88448946/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of an Argument; Exhibits 1-32 as referenced in Argument has been attached.
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Original PDF file:
evi_655119382-20200103155320568145_._Argument.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_6.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_18.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_19.pdf
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_20.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_21.pdf
Converted PDF file(s) ( 4 pages)
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_22.pdf
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_23.pdf
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_24.pdf
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_25.pdf
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_26.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
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Original PDF file:
evi_655119382-20200103155320568145_._Exhibit_32.pdf
Converted PDF file(s) ( 5 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for On-line retail store services featuring gift boxes containing items for runners in pre-packaged sets or as individually selected by the customer, namely, apparel, jewelry, clothing accessories, handbags and purses, running accessories and equipment, magnets and decals, journals, calendars, stationery, greeting cards, holiday ornaments, and the like; On-line retail store services featuring general merchandise and consumer goods related to the sports and hobby of running
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 10/12/2018 and first used in commerce at least as early as 10/12/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: On-line retail store services featuring gift boxes containing items for runners in pre-packaged sets or as individually selected by the customer, namely, apparel, jewelry, clothing accessories, handbags and purses, running accessories and equipment, magnets and decals, journals, calendars, stationery, greeting cards, holiday ornaments, and the like; On-line retail store services featuring gift boxes containing items for runners in pre-packaged sets or as individually selected by the customer, namely, apparel, jewelry, clothing accessories, handbags and purses, running accessories and equipment, magnets and decals, journals, calendars, stationery, greeting cards, holiday ornaments, race bibs, medals, socks, shirts, headbands, athletic sleeves, gloves, hats, medal hangers, charms, bracelets, necklaces, rings, shoe charms, sandals and cosmetic bags; On-line retail store services featuring general merchandise and consumer goods related to the sports and hobby of runningClass 035 for On-line retail store services featuring gift boxes containing items for runners in pre-packaged sets or as individually selected by the customer, namely, apparel, jewelry, clothing accessories, handbags and purses, running accessories and equipment, magnets and decals, journals, calendars, stationery, greeting cards, holiday ornaments, race bibs, medals, socks, shirts, headbands, athletic sleeves, gloves, hats, medal hangers, charms, bracelets, necklaces, rings, shoe charms, sandals and cosmetic bags; On-line retail store services featuring general merchandise and consumer goods related to the sports and hobby of running
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 10/12/2018 and first used in commerce at least as early as 10/12/2018 , and is now in use in such commerce.
The applicant's current attorney information: Richard E. Mancuso. Richard E. Mancuso of WHITMAN BREED ABBOTT & MORGAN LLC, is located at

      500 WEST PUTNAM AVENUE
      GREENWICH, Connecticut 06830
      US
The docket/reference number is 0101345.0004.

The phone number is 203-862-2395.

The fax number is 2038691951.

The email address is rmancuso@wbamct.com

The applicants proposed attorney information: Richard E. Mancuso. Richard E. Mancuso of WHITMAN BREED ABBOTT & MORGAN LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      500 WEST PUTNAM AVENUE
      GREENWICH, Connecticut 06830
      United States
The docket/reference number is 0101345.0004.

The phone number is 203-862-2395.

The fax number is 2038691951.

The email address is rmancuso@wbamct.com

Richard E. Mancuso 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: RICHARD E. MANCUSO. RICHARD E. MANCUSO of WHITMAN BREED ABBOTT & MORGAN LLC, is located at

      500 WEST PUTNAM AVENUE
      GREENWICH, Connecticut 06830
      US
The docket/reference number is 0101345.0004.

The phone number is 203-862-2395.

The fax number is 2038691951.

The email address is rmancuso@wbamct.com

The applicants proposed correspondence information: Richard E. Mancuso. Richard E. Mancuso of WHITMAN BREED ABBOTT & MORGAN LLC, is located at

      500 WEST PUTNAM AVENUE
      GREENWICH, Connecticut 06830
      United States
The docket/reference number is 0101345.0004.

The phone number is 203-862-2395.

The fax number is 2038691951.

The email address is rmancuso@wbamct.com

SIGNATURE(S)
Response Signature
Signature: /Richard E. Mancuso/     Date: 01/03/2020
Signatory's Name: Richard E. Mancuso
Signatory's Position: Attorney of record, Connecticut bar member

Signatory's Phone Number: 203-862-2395

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:    RICHARD E. MANCUSO
   WHITMAN BREED ABBOTT & MORGAN LLC
   
   500 WEST PUTNAM AVENUE
   GREENWICH, Connecticut 06830
Mailing Address:    Richard E. Mancuso
   WHITMAN BREED ABBOTT & MORGAN LLC
   500 WEST PUTNAM AVENUE
   GREENWICH, Connecticut 06830
        
Serial Number: 88448946
Internet Transmission Date: Fri Jan 03 16:05:04 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200103160504256
004-88448946-700c8e457d6b92dfa10271f4041
e2edbc2a924387c7d23ff53eeadd1ccac4f346-N
/A-N/A-20200103155320568145