Preliminary Amendment

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 1966 (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 1966 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88470449 ABBOTT(Standard Characters, see ) 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 035 for online sales of arts and crafts; online sales of housewares; wholesale store services featuring cookware; wholesale store services featuring cutlery; wholesale store services featuring candles, figurines of common metal, door stops, drawer pulls, clothes hooks, knobs, metal knockers, plant hangers, pot hooks, shelf brackets, butter knives, cake cutters, cake forks, cheese knives, coffee spoons, cutlery, fire pokers, gardening scissors, spoons for tea, fairy lights for festive decoration, flameless candles, lanterns, lighting fixtures, string lights for festive decoration, table lamps, bangle bracelets, bangles, bracelets, charms for jewellery, clocks, costume jewellery, earrings, finger rings, jewel boxes, jewellery, jewellery boxes, jewellery bracelets, jewellery chains, jewellery charms, jewellery made of crystal, jewellery made of glass, jewelry, jewelry dishes, necklaces, rings being jewellery, paper napkins, paper place mats, place cards, postcards and greeting cards, table napkins of paper, beach bags, cosmetic bags, fake fur, faux fur, grocery tote bags, parasols, shoulder bags, souvenir bags, sun umbrellas, tote bags, umbrellas, bar stools, bathroom and shaving mirrors, beds for household pets, bottle racks, decorative pillows, end tables, garden furniture, mirrors, picture frames, resin figurines, sea shells, side tables, umbrella stands, wind chimes, beer glasses, beer mugs, beverage glassware, biodegradable bowls, biodegradable cups, biodegradable trays, bird feeders, boot jacks, bottle openers, bottle stands, bowls, boxes of glass, butter dishes, candle holders, candlesticks, candlesticks of glass, candlesticks with wind protection, candy boxes, canister sets, ceramic mugs, champagne buckets, champagne flutes, cheese boards, china ornaments, chopping boards for kitchen use, cleaning cloth, cleaning, dusting and polishing cloths, cloths for cleaning, cocktail glasses, cocktail picks, cocktail stirrers, coffee cups, coffee mugs, cork screws, corkscrews, crystal ornaments, cups and mugs decanters, decorative glass, decorative plates, dinnerware, dishes, dishes for soap, dispensers for liquid soap for household purposes, drinking cups, drinking glasses, drinking straws, egg cups, flower pots, flower vases, flower vases and bowls, flower-pot covers, food storage containers, gift baskets sold empty, glass bowls, glass carafes, glass dishes, glass jars, goblets, gravy boats, ice tongs, kitchen enamelware, mugs, napkin holders and napkin rings, napkin rings, non-electric coffee pots, oil bottles, painted glassware, paper towel holders, pepper pots, sugar bowls and salt shakers, pet bowls, plates, pressed glass, salad bowls, salad servers, salt and pepper shakers, serving dishes, serving tongs, serving trays, soap dishes, straws for drinking, table glassware, table napkin holders, table plates, tea bag rests, tea cups, teapots, tissue boxes, tongs for ice, travel mugs, trivets, tumbler drinking glasses, vacuum bottles, vases, watering cans, wine glasses, afghans, baby blankets, banners of textile, bed and table linen, blanket throws, blankets for babies, cloth towels, decorative wall hangings of textile, dish cloths, dish towels for drying, fabric place mats, fabric table runners, felt and non-woven textile fabrics, place mats of textile, tea towels, throws, artificial Christmas garlands, artificial Christmas garlands incorporating lights, artificial Christmas wreaths, artificial Christmas wreaths incorporating lights, artificial flower arrangements, artificial flower wreaths, artificial flowers, artificial garlands, artificial garlands and wreaths, artificial plants, artificial topiaries, artificial wreaths, door mats, door mats of India rubber, doormats, Christmas decorations, Christmas ornaments, Christmas stockings, Christmas tree decorations, Christmas tree decorations and ornaments, Christmas tree ornaments, Christmas tree ornaments and decorations, Christmas tree skirts, Christmas trees of synthetic material, decorations and ornaments for Christmas trees, decorations for Christmas trees, ornaments and decorations for Christmas trees, figurines of concrete, figurines of marble, and figurines of stone; online sales of candles, figurines, door stops, drawer pulls, clothes hooks, knobs, knockers, plant hangers, pot hooks, shelf brackets, butter knives, cake cutters, cake forks, cheese knives, coffee spoons, cutlery, fire pokers, gardening scissors, spoons for tea, fairy lights for festive decoration, flameless candles, lanterns, lighting fixtures, string lights for festive decoration, table lamps, bangle bracelets, bangles, bracelets, charms for jewellery, clocks, costume jewellery, earrings, finger rings, jewel boxes, jewellery, jewellery boxes, jewellery bracelets, jewellery chains, jewellery charms, jewellery made of crystal, jewellery made of glass, jewelry, jewelry dishes, necklaces, rings being jewellery, paper napkins, paper place mats, place cards, postcards and greeting cards, table napkins of paper, beach bags, cosmetic bags, fake fur, faux fur, grocery tote bags, parasols, shoulder bags, souvenir bags, sun umbrellas, tote bags, umbrellas, bar stools, bathroom and shaving mirrors, beds for household pets, bottle racks, decorative pillows, end tables, garden furniture, mirrors, picture frames, resin figurines, sea shells, side tables, umbrella stands, wind chimes, beer glasses, beer mugs, beverage glassware, biodegradable bowls, biodegradable cups, biodegradable trays, bird feeders, boot jacks, bottle openers, bottle stands, bowls, boxes of glass, butter dishes, candle holders, candlesticks, candlesticks of glass, candlesticks with wind protection, candy boxes, canister sets, ceramic mugs, champagne buckets, champagne flutes, cheese boards, china ornaments, chopping boards for kitchen use, cleaning cloth, cleaning, dusting and polishing cloths, cloths for cleaning, cocktail glasses, cocktail picks, cocktail stirrers, coffee cups, coffee mugs, cork screws, corkscrews, crystal ornaments, cups and mugs, decanters, decorative glass, decorative plates, dinnerware, dishes, dishes for soap, dispensers for liquid soap for household purposes, drinking cups, drinking glasses, drinking straws, egg cups, flower pots, flower vases, flower vases and bowls, flower-pot covers, food storage containers, gift baskets sold empty, glass bowls, glass carafes, glass dishes, glass jars, goblets, gravy boats, ice tongs, kitchen enamelware, mugs, napkin holders and napkin rings, napkin rings, non-electric coffee pots, oil bottles, painted glassware, paper towel holders, pepper pots, sugar bowls and salt shakers, pet bowls, plates, pressed glass, salad bowls, salad servers, salt and pepper shakers, serving dishes, serving tongs, serving trays, soap dishes, straws for drinking, table glassware, table napkin holders, table plates, tea bag rests, tea cups, teapots, tissue boxes, tongs for ice, travel mugs, trivets, tumbler drinking glasses, vacuum bottles, vases, watering cans, wine glasses, afghans, baby blankets, banners of textile, bed and table linen, blanket throws, blankets for babies, cloth towels, decorative wall hangings of textile, dish cloths, dish towels for drying, fabric place mats, fabric table runners, felt and non-woven textile fabrics, place mats of textile, tea towels, throws, artificial Christmas garlands, artificial Christmas garlands incorporating lights, artificial Christmas wreaths, artificial Christmas wreaths incorporating lights, artificial flower arrangements, artificial flower wreaths, artificial flowers, artificial garlands, artificial garlands and wreaths, artificial plants, artificial topiaries, artificial wreaths, door mats, door mats of India rubber, doormats, Christmas decorations, Christmas ornaments, Christmas stockings, Christmas tree decorations, Christmas tree decorations and ornaments, Christmas tree ornaments, Christmas tree ornaments and decorations, Christmas tree skirts, Christmas trees of synthetic material, decorations and ornaments for Christmas trees, decorations for Christmas trees, ornaments and decorations for Christmas trees, figurines of concrete, figurines of marble and figurines of stone
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1965271 filed 05/28/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 035 for online sales of arts and crafts; online sales of housewares; wholesale store services featuring cookware; wholesale store services featuring cutlery; wholesale store services featuring candles, figurines of common metal, door stops, drawer pulls, clothes hooks, knobs, metal knockers, plant hangers, pot hooks, shelf brackets, butter knives, cake cutters, cake forks, cheese knives, coffee spoons, cutlery, fire pokers, gardening scissors, spoons for tea, fairy lights for festive decoration, flameless candles, lanterns, lighting fixtures, string lights for festive decoration, table lamps, bangle bracelets, bangles, bracelets, charms for jewellery, clocks, costume jewellery, earrings, finger rings, jewel boxes, jewellery, jewellery boxes, jewellery bracelets, jewellery chains, jewellery charms, jewellery made of crystal, jewellery made of glass, jewelry, jewelry dishes, necklaces, rings being jewellery, paper napkins, paper place mats, place cards, postcards and greeting cards, table napkins of paper, beach bags, cosmetic bags, fake fur, faux fur, grocery tote bags, parasols, shoulder bags, souvenir bags, sun umbrellas, tote bags, umbrellas, bar stools, bathroom and shaving mirrors, beds for household pets, bottle racks, decorative pillows, end tables, garden furniture, mirrors, picture frames, resin figurines, sea shells, side tables, umbrella stands, wind chimes, beer glasses, beer mugs, beverage glassware, biodegradable bowls, biodegradable cups, biodegradable trays, bird feeders, boot jacks, bottle openers, bottle stands, bowls, boxes of glass, butter dishes, candle holders, candlesticks, candlesticks of glass, candlesticks with wind protection, candy boxes, canister sets, ceramic mugs, champagne buckets, champagne flutes, cheese boards, china ornaments, chopping boards for kitchen use, cleaning cloth, cleaning, dusting and polishing cloths, cloths for cleaning, cocktail glasses, cocktail picks, cocktail stirrers, coffee cups, coffee mugs, cork screws, corkscrews, crystal ornaments, cups and mugs decanters, decorative glass, decorative plates, dinnerware, dishes, dishes for soap, dispensers for liquid soap for household purposes, drinking cups, drinking glasses, drinking straws, egg cups, flower pots, flower vases, flower vases and bowls, flower-pot covers, food storage containers, gift baskets sold empty, glass bowls, glass carafes, glass dishes, glass jars, goblets, gravy boats, ice tongs, kitchen enamelware, mugs, napkin holders and napkin rings, napkin rings, non-electric coffee pots, oil bottles, painted glassware, paper towel holders, pepper pots, sugar bowls and salt shakers, pet bowls, plates, pressed glass, salad bowls, salad servers, salt and pepper shakers, serving dishes, serving tongs, serving trays, soap dishes, straws for drinking, table glassware, table napkin holders, table plates, tea bag rests, tea cups, teapots, tissue boxes, tongs for ice, travel mugs, trivets, tumbler drinking glasses, vacuum bottles, vases, watering cans, wine glasses, afghans, baby blankets, banners of textile, bed and table linen, blanket throws, blankets for babies, cloth towels, decorative wall hangings of textile, dish cloths, dish towels for drying, fabric place mats, fabric table runners, felt and non-woven textile fabrics, place mats of textile, tea towels, throws, artificial Christmas garlands, artificial Christmas garlands incorporating lights, artificial Christmas wreaths, artificial Christmas wreaths incorporating lights, artificial flower arrangements, artificial flower wreaths, artificial flowers, artificial garlands, artificial garlands and wreaths, artificial plants, artificial topiaries, artificial wreaths, door mats, door mats of India rubber, doormats, Christmas decorations, Christmas ornaments, Christmas stockings, Christmas tree decorations, Christmas tree decorations and ornaments, Christmas tree ornaments, Christmas tree ornaments and decorations, Christmas tree skirts, Christmas trees of synthetic material, decorations and ornaments for Christmas trees, decorations for Christmas trees, ornaments and decorations for Christmas trees, figurines of concrete, figurines of marble, and figurines of stone; online sales of candles, figurines, door stops, drawer pulls, clothes hooks, knobs, knockers, plant hangers, pot hooks, shelf brackets, butter knives, cake cutters, cake forks, cheese knives, coffee spoons, cutlery, fire pokers, gardening scissors, spoons for tea, fairy lights for festive decoration, flameless candles, lanterns, lighting fixtures, string lights for festive decoration, table lamps, bangle bracelets, bangles, bracelets, charms for jewellery, clocks, costume jewellery, earrings, finger rings, jewel boxes, jewellery, jewellery boxes, jewellery bracelets, jewellery chains, jewellery charms, jewellery made of crystal, jewellery made of glass, jewelry, jewelry dishes, necklaces, rings being jewellery, paper napkins, paper place mats, place cards, postcards and greeting cards, table napkins of paper, beach bags, cosmetic bags, fake fur, faux fur, grocery tote bags, parasols, shoulder bags, souvenir bags, sun umbrellas, tote bags, umbrellas, bar stools, bathroom and shaving mirrors, beds for household pets, bottle racks, decorative pillows, end tables, garden furniture, mirrors, picture frames, resin figurines, sea shells, side tables, umbrella stands, wind chimes, beer glasses, beer mugs, beverage glassware, biodegradable bowls, biodegradable cups, biodegradable trays, bird feeders, boot jacks, bottle openers, bottle stands, bowls, boxes of glass, butter dishes, candle holders, candlesticks, candlesticks of glass, candlesticks with wind protection, candy boxes, canister sets, ceramic mugs, champagne buckets, champagne flutes, cheese boards, china ornaments, chopping boards for kitchen use, cleaning cloth, cleaning, dusting and polishing cloths, cloths for cleaning, cocktail glasses, cocktail picks, cocktail stirrers, coffee cups, coffee mugs, cork screws, corkscrews, crystal ornaments, cups and mugs, decanters, decorative glass, decorative plates, dinnerware, dishes, dishes for soap, dispensers for liquid soap for household purposes, drinking cups, drinking glasses, drinking straws, egg cups, flower pots, flower vases, flower vases and bowls, flower-pot covers, food storage containers, gift baskets sold empty, glass bowls, glass carafes, glass dishes, glass jars, goblets, gravy boats, ice tongs, kitchen enamelware, mugs, napkin holders and napkin rings, napkin rings, non-electric coffee pots, oil bottles, painted glassware, paper towel holders, pepper pots, sugar bowls and salt shakers, pet bowls, plates, pressed glass, salad bowls, salad servers, salt and pepper shakers, serving dishes, serving tongs, serving trays, soap dishes, straws for drinking, table glassware, table napkin holders, table plates, tea bag rests, tea cups, teapots, tissue boxes, tongs for ice, travel mugs, trivets, tumbler drinking glasses, vacuum bottles, vases, watering cans, wine glasses, afghans, baby blankets, banners of textile, bed and table linen, blanket throws, blankets for babies, cloth towels, decorative wall hangings of textile, dish cloths, dish towels for drying, fabric place mats, fabric table runners, felt and non-woven textile fabrics, place mats of textile, tea towels, throws, artificial Christmas garlands, artificial Christmas garlands incorporating lights, artificial Christmas wreaths, artificial Christmas wreaths incorporating lights, artificial flower arrangements, artificial flower wreaths, artificial flowers, artificial garlands, artificial garlands and wreaths, artificial plants, artificial topiaries, artificial wreaths, door mats, door mats of India rubber, doormats, Christmas decorations, Christmas ornaments, Christmas stockings, Christmas tree decorations, Christmas tree decorations and ornaments, Christmas tree ornaments, Christmas tree ornaments and decorations, Christmas tree skirts, Christmas trees of synthetic material, decorations and ornaments for Christmas trees, decorations for Christmas trees, ornaments and decorations for Christmas trees, figurines of concrete, figurines of marble and figurines of stone
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1965271 filed 05/28/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

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: /jmenker/      Date: 06/15/2019
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone Number: 9042472620


Voluntary Amendment Signature
Signature: /jmenker/     Date: 06/15/2019
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 9042472620

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88470449
Internet Transmission Date: Sat Jun 15 09:08:00 EDT 2019
TEAS Stamp: USPTO/PRA-XX.XXX.XX.XXX-2019061509080032
3729-88470449-620364a5a1be654c81acf69118
2558db5e8d6dffdc24c9ff40de766e78c7317943
-N/A-N/A-20190615090725344615