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. 88478543 V SMART (Stylized and/or with Design, see http://uspto.report/TM/88478543/mark.png) has been amended as follows:

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

RESPONSE TO OFFICE ACTION

Applicant has applied under Section 1(b) of the Trademark Act to register V SMART (Stylized) & Design on the Principal Register to cover certain goods in Class 24, Application Serial No. 88478543 (the "Mark"). On September 9, 2019, an Office Action was mailed in which registration was refused on the basis of concerns regarding the identification of goods to be covered by the Mark. Applicant responds as set forth below:

Identification of Goods

Without conceding that “Nonwoven textile fabrics, namely, vertically-lapped nonwoven” is not sufficiently specific and definite or that “nonwoven” is not a common commercial name of goods, Applicant proposes to amend the identification of goods as follows:

Class 24: Nonwoven textile fabrics, namely, vertically-lapped nonwoven textile fabrics

CONCLUSION

In view of the foregoing, Applicant respectfully submits that the Mark is registrable and requests that it be passed for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 024 for Nonwoven textile fabrics, namely, vertically-lapped nonwoven
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: Nonwoven textile fabrics, namely, vertically-lapped nonwoven; Nonwoven textile fabrics, namely, vertically-lapped nonwoven textile fabricsClass 024 for Nonwoven textile fabrics, namely, vertically-lapped nonwoven textile fabrics
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: Tintoria Piana U.S., Inc., a corporation of North Carolina, having an address of
      220 S. Erwin Street
      Cartersville, Georgia 30120
      United States

Proposed: Tintoria Piana U.S., Inc., a corporation of North Carolina, having an address of
      220 S. Erwin Street
      Cartersville, Georgia 30120
      United States
      Email Address: trademark@wcc-ip.com

The owner's/holder's current attorney information: Robert N. Cook. Robert N. Cook of WHITHAM & COOK, P.C. | W&C IP, is located at

      11491 SUNSET HILLS ROAD, SUITE 340
      RESTON, Virginia 20190
      United States
The docket/reference number is 09420039MA.
      The phone number is 703-787-9400.
      The fax number is (703) 787-7557.
      The email address is trademark@wcc-ip.us

The owner's/holder's proposed attorney information: Robert N. Cook. Other appointed attorneys are Michael E. Whitham, Walter W. Richardson. Robert N. Cook of WHITHAM & COOK, P.C. | W&C IP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      11491 SUNSET HILLS ROAD, SUITE 340
      RESTON, Virginia 20190
      United States
The docket/reference number is 09420039MA.
      The phone number is 703-787-9400.
      The fax number is (703) 787-7557.
      The email address is trademark@wcc-ip.us

Robert N. Cook 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):
      ROBERT N. COOK
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@wcc-ip.us
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@wcc-ip.com

The docket/reference number is 09420039MA.
Correspondence Information (proposed):
      Robert N. Cook
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@wcc-ip.us
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@wcc-ip.com

The docket/reference number is 09420039MA.

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).

SIGNATURE(S)
Response Signature
Signature: /Robert N. Cook/     Date: 03/04/2020
Signatory's Name: Robert N. Cook
Signatory's Position: Attorney of record, District of Columbia and Virginia bar member

Signatory's Phone Number: (703) 787-9400

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:    ROBERT N. COOK
   WHITHAM & COOK, P.C. | W&C IP
   
   11491 SUNSET HILLS ROAD, SUITE 340
   RESTON, Virginia 20190
Mailing Address:    Robert N. Cook
   WHITHAM & COOK, P.C. | W&C IP
   11491 SUNSET HILLS ROAD, SUITE 340
   RESTON, Virginia 20190
        
Serial Number: 88478543
Internet Transmission Date: Wed Mar 04 12:26:31 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20200304122631352
842-88478543-7108c8191e09a6b1a43edc91551
bb3ad2aca3f232293116746ada15ebd983c1f9-N
/A-N/A-20200304121811802261