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 |
88477537 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88477537/mark.png |
LITERAL ELEMENT |
HH HUTCH |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the literal element HUTCH with the top line of the "T" stretching over the "U" and "C". Above HUTCH is a design consisting
of two connected letters "H". |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_5023464194-20200214115737921380_._Arguments_for_OA_resp.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\775\88477537\xml1\ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\775\88477537\xml1\ROA0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\775\88477537\xml1\ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\775\88477537\xml1\ROA0005.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\775\88477537\xml1\ROA0006.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\775\88477537\xml1\ROA0007.JPG |
DESCRIPTION OF EVIDENCE FILE |
actual arguments |
GOODS AND/OR SERVICES SECTION (018)(class deleted) |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Underclothing; Pajamas; Undershirts; Swim suits; Shirts; Overcoats; Coats; Sports shirts with short sleeves; Shoes; Sandals; Sports
shoes; Leisure shoes; Spiked running shoes; Headbands for clothing; Caps being headwear; Hosiery; Gloves as clothing; Gloves for protection against cold; Belts; Suspenders |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
108037254 |
FOREIGN APPLICATION COUNTRY |
Taiwan |
FOREIGN FILING DATE |
06/12/2019 |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Underclothing; Shoes; Pajamas;
Sandals; Undershirts; Sports shoes; Swim suits; Leisure shoes; Shirts; Spiked running shoes; Overcoats; Coats; Sports shirts with short sleeves; Headbands for clothing; Caps being
headwear; Hosiery; Gloves as clothing; Gloves for protection against cold;
Belts; Suspenders |
FINAL DESCRIPTION |
Shoes; Sandals; Sports shoes; Leisure shoes; Spiked running shoes |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
108037254 |
FOREIGN APPLICATION COUNTRY |
Taiwan |
FOREIGN FILING DATE |
06/12/2019 |
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. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
02029325 |
FOREIGN REGISTRATION
COUNTRY |
Taiwan |
FOREIGN REGISTRATION
DATE |
12/16/2019 |
FOREIGN EXPIRATION DATE |
12/15/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-5023464194-115737921_._NT-14611-US_the_Taiwanese_registration_certificate.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT18\884\775\88477537\xml1\ROA0008.JPG |
ORIGINAL PDF FILE |
FRU1-1-5023464194-115737921_._NT-14611-US_the_Taiwanese_registration_certificate_ENG.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT18\884\775\88477537\xml1\ROA0009.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of stylized wording "HUTCH" below the stylized letters "HH". |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/Laura J. Winston/ |
SIGNATORY'S NAME |
Laura J. Winston |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
3475898536 |
DATE SIGNED |
02/14/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Feb 14 12:11:18 EST 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0200214121118164768-88477
537-70056e7375f3f4b6677e0
8f9bbaf7acc7bb3efb95c7cbf
8fafa31a99379651f65e-N/A-
N/A-20200214115737921380 |
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.
88477537 HH HUTCH (Stylized and/or with Design, see http://uspto.report/TM/88477537/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of actual arguments has been attached.
Original PDF file:
evi_5023464194-20200214115737921380_._Arguments_for_OA_resp.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 018 for Pocket wallets; School bags; Handbags; Travelling trunks; Purses; Backpacks; Shoe bags for travel; Suitcases; Garment bags for travel; Trunks being luggage; Bags for climbers in the
nature of all-purpose carrying bags; Bags for sports; Beach bags; Rucksacks; General purpose bags for carrying yoga equipment; Haversacks; Umbrellas; Canes
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Underclothing; Pajamas; Undershirts; Swim suits; Shirts; Overcoats; Coats; Sports shirts with short sleeves; Shoes; Sandals; Sports shoes; Leisure shoes; Spiked running
shoes; Headbands for clothing; Caps being headwear; Hosiery; Gloves as clothing; Gloves for protection against cold; Belts; Suspenders
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.
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[ Taiwan application number 108037254 filed 06/12/2019]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Underclothing;
Shoes;
Pajamas;
Sandals;
Undershirts;
Sports shoes;
Swim suits;
Leisure shoes;
Shirts;
Spiked running shoes;
Overcoats;
Coats;
Sports shirts with short sleeves;
Headbands for clothing;
Caps being headwear;
Hosiery;
Gloves as clothing;
Gloves for protection against cold;
Belts;
SuspendersClass 025 for Shoes; Sandals; Sports shoes; Leisure shoes; Spiked running shoes
Deleted Filing Basis: 1(b)
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 [ Taiwan application number 108037254 filed 06/12/2019]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Taiwan registration number 02029325 registered 12/16/2019 with
a renewal date of __________ and an expiration date of 12/15/2029 ], 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.
Original PDF file:
FRU1-5023464194-115737921_._NT-14611-US_the_Taiwanese_registration_certificate.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1
Original PDF file:
FRU1-1-5023464194-115737921_._NT-14611-US_the_Taiwanese_registration_certificate_ENG.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1
ADDITIONAL STATEMENTS
Description of mark
The mark consists of stylized wording "HUTCH" below the stylized letters "HH".
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /Laura J. Winston/ Date: 02/14/2020
Signatory's Name: Laura J. Winston
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 3475898536
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.
Serial Number: 88477537
Internet Transmission Date: Fri Feb 14 12:11:18 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020021412111816
4768-88477537-70056e7375f3f4b6677e08f9bb
af7acc7bb3efb95c7cbf8fafa31a99379651f65e
-N/A-N/A-20200214115737921380