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. 88476714 PETAL AND STONE(Standard Characters, see http://uspto.report/TM/88476714/mark.png) has been amended as follows:

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

RESPONSE

This is in response to the Office Action dated August 30, 2019.

 

IDENTIFICATION OF GOODS

Please amend the identification of goods by deleting the present identification of goods in Classes 21, 24, and 26 and substituting therefor the following:

 

Class 21:  Baskets for household purposes; laundry baskets; laundry hampers for domestic or household use; dinnerware; ceramics, namely, bakeware and servingware for serving food and drinks; candle holders; planters for flowers and plants; serving trays; serving bowls; serving platters; serving spoons; spatulas for kitchen use; dish dry mats; kitchen towels; oven mitts; lanterns in the nature of candle holders

 

Class 24:  Comforters; shower curtains; towels; table linen; bed sheets; quilts; throws; fabric window coverings and treatments, namely, sheers and valences; kitchen towels

 

Class 26:  Artificial flower wreaths; centerpieces of artificial flowers; ribbons of textile for packaging and for wrapping

 

 

Classes 4, 6, 11, 14, 16, 20 and 27 remain unchanged.

 

*                                  *                                  *

CONCLUSION

Having addressed all issues raised in the Official Action, Applicant believes that the application is in condition for allowance.  Accordingly, an immediate speedy publication is respectfully requested.

No fee is deemed necessary for this filing.  However, if the Examining Attorney believes a fee is appropriate, authorization is given to charge Deposit Account No. 12-1095.

If the Examining Attorney has any questions concerning this matter, they are encouraged to contact Applicant’s counsel by telephone.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Baskets for household purposes; laundry baskets; laundry hampers for domestic or household use; dinnerware; ceramics, namely, bakeware and servingware for serving food and drinks; candle holders; planters for flowers and plants; serving trays; serving bowls; serving platters; serving spoons; spatulas for kitchen use; dish dry mats; kitchen towels; oven mitts
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: Baskets for household purposes; laundry baskets; laundry hampers for domestic or household use; dinnerware; ceramics, namely, bakeware and servingware for serving food and drinks; candle holders; planters for flowers and plants; serving trays; serving bowls; serving platters; serving spoons; spatulas for kitchen use; dish dry mats; kitchen towels; oven mitts; lanterns in the nature of candle holdersClass 021 for Baskets for household purposes; laundry baskets; laundry hampers for domestic or household use; dinnerware; ceramics, namely, bakeware and servingware for serving food and drinks; candle holders; planters for flowers and plants; serving trays; serving bowls; serving platters; serving spoons; spatulas for kitchen use; dish dry mats; oven mitts; lanterns in the nature of candle holders
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 proposes to amend the following class of goods/services in the application:
Current: Class 024 for Comforters; shower curtains; towels; table linen; bed sheets; quilts; throws; fabric window coverings and treatments, namely, sheers and valences
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: Comforters; shower curtains; towels; table linen; bed sheets; quilts; throws; fabric window coverings and treatments, namely, sheers and valences; kitchen towelsClass 024 for Comforters; shower curtains; towels; table linen; bed sheets; quilts; throws; fabric window coverings and treatments, namely, sheers and valences; kitchen towels
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 proposes to amend the following class of goods/services in the application:
Current: Class 026 for Artificial flower wreaths; centerpieces of artificial flowers
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: Artificial flower wreaths; centerpieces of artificial flowers; ribbons of textile for packaging and for wrappingClass 026 for Artificial flower wreaths; centerpieces of artificial flowers; ribbons of textile for packaging and for wrapping
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.

The applicant's current attorney information: GREGG A. PARADISE. GREGG A. PARADISE of LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP, is located at

      600 SOUTH AVENUE WEST
      WESTFIELD, New Jersey 07090
      US
The docket/reference number is BBB.1188.

The phone number is 908-654-5000.

The fax number is 908-654-7866.

The email address is trademarkadmin@lernerdavid.com

The applicants proposed attorney information: GREGG A. PARADISE. Other appointed attorneys are Ryan L. Bergeron, April M. Capati, Albert J. Chen, Si Chen; Melanie A. Chernoff, Orville R. Cockings, Harvey L Cohen, Robert B. Cohen, Alyssa N. D'Antonio, Jonathan A. David, Sidney David, William A Di Bianca, Jeffrey S. Dickey, Aaron S. Eckenthal, Russell W. Faegenburg, Gregory S. Gewirtz, Keith E. Gilman, Stephen B. Goldman, Kendall K. Gurule; Charles H. Humkey, Kelly Y. Hwang, Joseph H. Karlin, Charles P. Kennedy, Paul H. Kochanski, Kevin M. Kocun, David J. Kohn, Arnold H. Krumholz, Elizabeth A. Lafferty, Daniel P. Laine, Andrew T. Lane, David G. Leach, Joseph S. Littenberg; Stephen M. Lund, Keith J. McWha, Mitesh Mehta, William L. Mentlik, Marcus J. Millet, John R. Nelson, Nahoko Ono, Thomas M. Palisi, Gregg A. Paradise, Wilfred V. Patrick, Bruno Polito, Gregory M. Reilly, Natalie S. Richer, Jordan T. Riviello; Stephen F. Roth, Christian E. Samay, Scott R. Samay, Bruce H. Sales, Dennis M. Smid, Alexander Solo, Michael H. Teschner, Brian R. Tomkins, Tedd W. Van Buskirk, Joseph K. Venier, James A. Vezeris, Lingyan Wang, and Roy H. Wepner. GREGG A. PARADISE of LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, 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

      600 SOUTH AVENUE WEST
      WESTFIELD, New Jersey 07090
      United States
The docket/reference number is BBB.1188.

The phone number is 908-654-5000.

The fax number is 908-654-7866.

The email address is trademarkadmin@lernerdavid.com

GREGG A. PARADISE 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: GREGG A. PARADISE. GREGG A. PARADISE of LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP, is located at

      600 SOUTH AVENUE WEST
      WESTFIELD, New Jersey 07090
      US
The docket/reference number is BBB.1188.

The phone number is 908-654-5000.

The fax number is 908-654-7866.

The email address is trademarkadmin@lernerdavid.com

The applicants proposed correspondence information: GREGG A. PARADISE. GREGG A. PARADISE of LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP, is located at

      600 SOUTH AVENUE WEST
      WESTFIELD, New Jersey 07090
      United States
The docket/reference number is BBB.1188.

The phone number is 908-654-5000.

The fax number is 908-654-7866.

The email address is trademarkadmin@lernerdavid.com

SIGNATURE(S)
Response Signature
Signature: /Gregg A. Paradise/     Date: 09/17/2019
Signatory's Name: GREGG A. PARADISE
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER

Signatory's Phone Number: 908.654.5000

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:    GREGG A. PARADISE
   LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP
   
   600 SOUTH AVENUE WEST
   WESTFIELD, New Jersey 07090
Mailing Address:    GREGG A. PARADISE
   LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP
   600 SOUTH AVENUE WEST
   WESTFIELD, New Jersey 07090
        
Serial Number: 88476714
Internet Transmission Date: Tue Sep 17 11:40:38 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201909171140387
96192-88476714-610e9b59624e277c9882b53d9
22a9e2906625d1f2b4f199d3701de6a1169ae069
-N/A-N/A-20190917101445369731