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. 88457455 KUIKMA(Standard Characters, see http://uspto.report/TM/88457455/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 018 for Sports bags, backpacks, bags for padel practice
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 4509734 registered 12/20/2018 with a renewal date of __________ and an expiration date of 12/20/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Sports bags, backpacks, bags for padel practice; Sports bags, backpacks, sports bags for padel practiceClass 018 for Sports bags, backpacks, sports bags for padel practice
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 4509734 registered 12/20/2018 with a renewal date of __________ and an expiration date of 12/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, footwear (excluding orthopedic shoes), headgear; sportswear for padel, namely, shorts, polo shirts, t-shirts, skirts, jackets, pants, sweatshirts, socks, wrist bands; sports shoes, shoes for practicing padel; caps, headbands
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 4509734 registered 12/20/2018 with a renewal date of __________ and an expiration date of 12/20/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Clothing, footwear (excluding orthopedic shoes), headgear; Clothing, namely, shorts, polo shirts, t-shirts, skirts, jackets, pants, sweatshirts, socks, wrist bands as clothing; sportswear for padel, namely, shorts, polo shirts, t-shirts, skirts, jackets, pants, sweatshirts, socks, wrist bands; footwear, excluding orthopedic shoes; sports shoes, shoes for practicing padel; headgear being headwear; caps, headbands; sportswear for padel, namely, shorts, polo shirts, t-shirts, skirts, jackets, pants, sweatshirts, socks, wrist bands as clothingClass 025 for Clothing, namely, shorts, polo shirts, t-shirts, skirts, jackets, pants, sweatshirts, socks, wrist bands as clothing; footwear, excluding orthopedic shoes; headgear being headwear; sportswear for padel, namely, shorts, polo shirts, t-shirts, skirts, jackets, pants, sweatshirts, socks, wrist bands as clothing
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 4509734 registered 12/20/2018 with a renewal date of __________ and an expiration date of 12/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Games toys; gymnastic and sports items not included in other classes; sports items related to padel, such as rackets, racket covers, balls, ball holders, and grips
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 4509734 registered 12/20/2018 with a renewal date of __________ and an expiration date of 12/20/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Games toys; Sports items related to padel, namely, rackets, racket covers being protective covers for rackets, padel balls, ball holders specially adapted for holding padel balls, and grips being handle grips for sporting equipment; gymnastic and sports items not included in other classes; sports items related to padel, such as rackets, racket covers, balls, ball holders, and gripsClass 028 for Sports items related to padel, namely, rackets, racket covers being protective covers for rackets, padel balls, ball holders specially adapted for holding padel balls, and grips being handle grips for sporting equipment
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 4509734 registered 12/20/2018 with a renewal date of __________ and an expiration date of 12/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: Charles T.J. Weigell. Charles T.J. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      151 WEST 42ND STREET, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is DCTH 1906782.

The phone number is 212-813-5900.

The email address is weigell-docket@fzlz.com

The applicants proposed attorney information: Charles T.J. Weigell. Other appointed attorneys are Lawrence E. Apolzon, Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Karen Lim, Ashford Tucker, Tamar Niv Bessinger. Charles T.J. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      151 WEST 42ND STREET, 17TH FLOOR
      NEW YORK, New York 10036
      United States
The docket/reference number is DCTH 1906782.

The phone number is 212-813-5900.

The email address is weigell-docket@fzlz.com

Charles T.J. Weigell 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: CHARLES T.J. WEIGELL. CHARLES T.J. WEIGELL of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      151 WEST 42ND STREET, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is DCTH 1906782.

The phone number is 212-813-5900.

The email address is weigell-docket@fzlz.com

The applicants proposed correspondence information: Charles T.J. Weigell. Charles T.J. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      151 WEST 42ND STREET, 17TH FLOOR
      NEW YORK, New York 10036
      United States
The docket/reference number is DCTH 1906782.

The phone number is 212-813-5900.

The email address is weigell-docket@fzlz.com

SIGNATURE(S)
Response Signature
Signature: /ctw/     Date: 11/21/2019
Signatory's Name: Charles T. J. Weigell
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: 212-813-8239

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:    CHARLES T.J. WEIGELL
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   151 WEST 42ND STREET, 17TH FLOOR
   NEW YORK, New York 10036
Mailing Address:    Charles T.J. Weigell
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 WEST 42ND STREET, 17TH FLOOR
   NEW YORK, New York 10036
        
Serial Number: 88457455
Internet Transmission Date: Fri Nov 22 18:46:53 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201911221846531
94933-88457455-70094ef4e8be7212cde5a3588
e1172bf3b8bf2cd9de93c717428bda31ed21d7fd
7a-N/A-N/A-20191121185202502137