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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88463571 |
LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
MARK SECTION |
MARK |
http://uspto.report/TM/88463571/mark.png |
LITERAL ELEMENT |
TWO TONE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
TWO TONE is my clothing brand. I came up with the idea to start a clothing brand when I was about 12 years old. I thought of many names and many
logos until I finally came up with TWO TONE. TWO TONE means many things to me. First of all it is my brand name so to me it is like my last name. TWO TONE also means two ideas of expression, the bad
vs the good, right vs wrong and ect. When friends ask me what my brand name means I often tell them it?s a lifestyle. You can carry yourself in a very two tone way. For example, you work all week and
during the weekend you turn into a party animal. TWO TONE, I guess you can say is a very bipolar brand. TWO TONE reflects on your attitude. The way you speak to a person can be measured by your tone
of voice. Some people only have two tones(happy/sad, energetic/tired, hungry/full). TWO TONE also means ?emitting or consisting of two different sounds, typically alternately and at intervals? my
clothing brand is emitting two different types of vibrations/energy through how the clothing fits and feels. I soon hope to be releasing not only clothing but also fragrances, skateboards and almost
anything that can be imagined. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_6812916874-20191226131449374117_._trademark_22.pdf |
CONVERTED PDF FILE(S)
(15 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0002.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0003.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0007.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0008.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0009.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0010.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0011.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0012.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0013.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0014.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0015.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\635\88463571\xml4\ROA0016.JPG |
DESCRIPTION OF EVIDENCE FILE |
Evidence consists of screen shots of corresponding trademarks similar to TWO TONE. Evidence also consists of arguments to persuade the attorney
to re approach my trademark with a different mindset. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing, namely, shirts, t-shirts, long-sleeved shirts, under shirts, polo shirts, rugby shirts, jerseys, dress shirts, denim jeans,
hooded sweat shirts, warm-up suits, snow suits, parkas, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts, tops, tank tops, sweat shirts, sweat jackets, sweat shorts, sweat pants,
sweaters, vests, fleece vests, pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, heavy coats,
over coats, top coats, swimwear, beachwear, visors, headbands, ear muffs, thermal underwear, long underwear, underclothes, caps, hats, knit caps, headwear, scarves, bandanas, belts, neckwear, ties,
robes, gloves, boots, rainwear, footwear, shoes and sneakers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing, namely, shirts, t-shirts, long-sleeved shirts, under shirts, polo shirts, rugby shirts,
jerseys, dress shirts, denim jeans, hooded sweat shirts, warm-up suits, snow suits, parkas, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts, tops, tank tops, sweat shirts, sweat
jackets, sweat shorts, sweat pants, sweaters, vests, fleece vests, pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets, wind-resistant jackets, shell jackets, sports jackets,
golf and ski jackets, heavy coats, over coats, top coats, swimwear, beachwear, visors, headbands, ear muffs, thermal underwear, long underwear, underclothes, caps, hats, knit caps, headwear, scarves,
bandanas, belts, neckwear, ties, robes, gloves, boots, rainwear, footwear, shoes and sneakers; "Clothing, namely, shirts, t-shirts, long-sleeved shirts,
undershirts, polo shirts, rugby shirts, jerseys, dress shirts, denim jeans, hooded sweatshirts, warm-up suits, snow suits, parkas, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts,
tops as clothing, tank tops, sweat shirts, sweat jackets, sweat shorts, sweat pants, sweaters, vests, fleece vests, pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets,
wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, heavy coats, overcoats, top coats, swimwear, beachwear, visors being headwear, headbands, ear muffs, thermal underwear,
long underwear, underclothes, caps being headwear, hats, knit caps being headwear, headwear, scarves, bandanas, belts, neckwear, ties as clothing, robes, gloves, boots, rainwear, footwear, shoes and
sneakers; none of the foregoing primarily have two colors or two shades of a single color" |
FINAL DESCRIPTION |
"Clothing, namely, shirts, t-shirts, long-sleeved shirts, undershirts, polo shirts, rugby shirts, jerseys, dress shirts, denim jeans,
hooded sweatshirts, warm-up suits, snow suits, parkas, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts, tops as clothing, tank tops, sweat shirts, sweat jackets, sweat shorts, sweat
pants, sweaters, vests, fleece vests, pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, heavy
coats, overcoats, top coats, swimwear, beachwear, visors being headwear, headbands, ear muffs, thermal underwear, long underwear, underclothes, caps being headwear, hats, knit caps being headwear,
headwear, scarves, bandanas, belts, neckwear, ties as clothing, robes, gloves, boots, rainwear, footwear, shoes and sneakers; none of the foregoing primarily have two colors or two shades of a single
color" |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/khalil benaissa/ |
SIGNATORY'S NAME |
khalil benaissa |
SIGNATORY'S POSITION |
owner |
SIGNATORY'S PHONE NUMBER |
9292619922 |
DATE SIGNED |
12/26/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Dec 26 13:25:48 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0191226132548925551-88463
571-7003e6d325ddd1f769f10
f12c6d5bebe3d26aff3e969c6
38be8afff38bad55f9925-N/A
-N/A-20191226131449374117 |
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.
88463571 TWO TONE(Standard Characters, see http://uspto.report/TM/88463571/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
TWO TONE is my clothing brand. I came up with the idea to start a clothing brand when I was about 12 years old. I thought of many names and many logos until I finally came up with TWO TONE. TWO TONE
means many things to me. First of all it is my brand name so to me it is like my last name. TWO TONE also means two ideas of expression, the bad vs the good, right vs wrong and ect. When friends ask
me what my brand name means I often tell them it?s a lifestyle. You can carry yourself in a very two tone way. For example, you work all week and during the weekend you turn into a party animal. TWO
TONE, I guess you can say is a very bipolar brand. TWO TONE reflects on your attitude. The way you speak to a person can be measured by your tone of voice. Some people only have two tones(happy/sad,
energetic/tired, hungry/full). TWO TONE also means ?emitting or consisting of two different sounds, typically alternately and at intervals? my clothing brand is emitting two different types of
vibrations/energy through how the clothing fits and feels. I soon hope to be releasing not only clothing but also fragrances, skateboards and almost anything that can be imagined.
EVIDENCE
Evidence in the nature of Evidence consists of screen shots of corresponding trademarks similar to TWO TONE. Evidence also consists of arguments to persuade the attorney to re approach my trademark
with a different mindset. has been attached.
Original PDF file:
evi_6812916874-20191226131449374117_._trademark_22.pdf
Converted PDF file(s) ( 15 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, shirts, t-shirts, long-sleeved shirts, under shirts, polo shirts, rugby shirts, jerseys, dress shirts, denim jeans, hooded sweat shirts, warm-up suits,
snow suits, parkas, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts, tops, tank tops, sweat shirts, sweat jackets, sweat shorts, sweat pants, sweaters, vests, fleece vests,
pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, heavy coats, over coats, top coats, swimwear,
beachwear, visors, headbands, ear muffs, thermal underwear, long underwear, underclothes, caps, hats, knit caps, headwear, scarves, bandanas, belts, neckwear, ties, robes, gloves, boots, rainwear,
footwear, shoes and sneakers
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, namely, shirts, t-shirts, long-sleeved shirts, under shirts, polo shirts, rugby shirts, jerseys, dress shirts, denim jeans,
hooded sweat shirts, warm-up suits, snow suits, parkas, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts, tops, tank tops, sweat shirts, sweat jackets, sweat shorts, sweat pants,
sweaters, vests, fleece vests, pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, heavy coats,
over coats, top coats, swimwear, beachwear, visors, headbands, ear muffs, thermal underwear, long underwear, underclothes, caps, hats, knit caps, headwear, scarves, bandanas, belts, neckwear, ties,
robes, gloves, boots, rainwear, footwear, shoes and sneakers;
"Clothing, namely, shirts, t-shirts, long-sleeved shirts, undershirts, polo shirts, rugby shirts,
jerseys, dress shirts, denim jeans, hooded sweatshirts, warm-up suits, snow suits, parkas, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts, tops as clothing, tank tops, sweat
shirts, sweat jackets, sweat shorts, sweat pants, sweaters, vests, fleece vests, pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets, wind-resistant jackets, shell jackets,
sports jackets, golf and ski jackets, heavy coats, overcoats, top coats, swimwear, beachwear, visors being headwear, headbands, ear muffs, thermal underwear, long underwear, underclothes, caps being
headwear, hats, knit caps being headwear, headwear, scarves, bandanas, belts, neckwear, ties as clothing, robes, gloves, boots, rainwear, footwear, shoes and sneakers;
none of the foregoing primarily have two colors or two shades of a single color"Class 025 for "Clothing, namely, shirts, t-shirts, long-sleeved shirts, undershirts, polo shirts, rugby
shirts, jerseys, dress shirts, denim jeans, hooded sweatshirts, warm-up suits, snow suits, parkas, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts, tops as clothing, tank tops,
sweat shirts, sweat jackets, sweat shorts, sweat pants, sweaters, vests, fleece vests, pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets, wind-resistant jackets, shell
jackets, sports jackets, golf and ski jackets, heavy coats, overcoats, top coats, swimwear, beachwear, visors being headwear, headbands, ear muffs, thermal underwear, long underwear, underclothes,
caps being headwear, hats, knit caps being headwear, headwear, scarves, bandanas, belts, neckwear, ties as clothing, robes, gloves, boots, rainwear, footwear, shoes and sneakers; none of the
foregoing primarily have two colors or two shades of a single color"
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.
SIGNATURE(S)
Response Signature
Signature: /khalil benaissa/ Date: 12/26/2019
Signatory's Name: khalil benaissa
Signatory's Position: owner
Signatory's Phone Number: 9292619922
The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the
owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has
granted this attorney's withdrawal request.
Serial Number: 88463571
Internet Transmission Date: Thu Dec 26 13:25:48 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019122613254892
5551-88463571-7003e6d325ddd1f769f10f12c6
d5bebe3d26aff3e969c638be8afff38bad55f992
5-N/A-N/A-20191226131449374117