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. 88466999 RED LION (Stylized and/or with Design, see http://uspto.report/TM/88466999/mark.png) has been amended as follows:

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

Arguments in response to office action is submitted within the Evidence section.

EVIDENCE
Evidence in the nature of Response to Office Action has been attached.
Original PDF file:
evi_38140105186-20200304174154998298_._ROA_09052019_-_644351-3004.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 025 for Clothing, namely, socks, sleeves, armbands, and wristbands
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, socks, sleeves, armbands, and wristbands; Clothing, namely, socks, sleeves worn separate and apart from clothing tops, and wristbandsClass 025 for Clothing, namely, socks, sleeves worn separate and apart from clothing tops, and wristbands
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 010 for Compression sleeves
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 026 for Armbands
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Great Socks, LLC, DBA Standard Merchandising Co., a limited liability company legally organized under the laws of Delaware, having an address of
      2519 Fairmount Street
      Dallas, Texas 75201
      United States

Proposed: Great Socks, LLC, DBA Standard Merchandising Co., a limited liability company legally organized under the laws of Delaware, having an address of
      2519 Fairmount Street
      Dallas, Texas 75201
      United States
      Email Address: customerservice@stanmerch.com

The owner's/holder's current attorney information: Kyle W. Graves. Kyle W. Graves of FOLEY & LARDNER LLP, is located at

      2021 MCKINNEY AVE., STE. 1600
      DALLAS, Texas 75201
      United States
The docket/reference number is 644351-3004.
      The phone number is 214-999-3000.
      The fax number is 214.999.4667.
      The email address is ipdocketing@foley.com

The owner's/holder's proposed attorney information: Kyle W. Graves. Other appointed attorneys are Michael W. Dubner, Jason R. Fulmer, Kenneth R. Glaser, Lisa R. Hemphill, Teresa Lechner-Fish, John. J. ("Jake") May, Terrell R. Miller, Kay Lyn Schwartz, Paul V. Storm, Allison Venezia, Robert J. Ward, and Pin Wu. Kyle W. Graves of FOLEY & LARDNER 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

      Dallas IP Section
      2021 MCKINNEY AVE., STE. 1600
      DALLAS, Texas 75201
      United States
The docket/reference number is 644351-3004.
      The phone number is 214-999-4708.
      The fax number is 214.999.4667.
      The email address is ipdocketing@foley.com

Kyle W. Graves 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.Correspondence Information (current):
      KYLE W. GRAVES
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 644351-3004.
Correspondence Information (proposed):
      Kyle W. Graves
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kgraves@foley.com; kbreeze@foley.com; ttran@foley.com

The docket/reference number is 644351-3004.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $550 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: /Kyle W. Graves/      Date: 03/04/2020
Signatory's Name: Kyle W. Graves
Signatory's Position: Attorney of Record - Texas Bar Member
Signatory's Phone Number: 2149994708


Response Signature
Signature: /Kyle W. Graves/     Date: 03/04/2020
Signatory's Name: Kyle W. Graves
Signatory's Position: Attorney of Record - Texas Bar Member

Signatory's Phone Number: 2149994708

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:    KYLE W. GRAVES
   FOLEY & LARDNER LLP
   
   2021 MCKINNEY AVE., STE. 1600
   DALLAS, Texas 75201
Mailing Address:    Kyle W. Graves
   FOLEY & LARDNER LLP
   Dallas IP Section
   2021 MCKINNEY AVE., STE. 1600
   DALLAS, Texas 75201
        
RAM Sale Number: 88466999
RAM Accounting Date: 03/04/2020
        
Serial Number: 88466999
Internet Transmission Date: Wed Mar 04 17:51:27 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003041751274
69651-88466999-710f89017f729fc26cc35dee7
26e41d9d65a984ab92718c3b27ba13a885c0251a
c-CC-51252941-20200304174154998298