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. 88483643 THE FOUNDRY BIG & TALL SUPPLY CO. (Stylized and/or with Design, see http://uspto.report/TM/88483643/mark.png) has been amended as follows:

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

The Examining Attorney has refused registration of the present application based upon likelihood of confusion with the mark in U.S. Registration No. 4925044. In response, Applicant requires time to consider viable options for addressing the refusal, which options could include, by way of example, potentially filing a cancellation petition or considering a possible co-existence agreement. The informalities raised by the Examining Attorney, namely the requirement to identify certain goods with more specificity, and for a disclaimer of BIG & TALL SUPPLY CO., are addressed herein.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing including, knit, woven, jersey and tee shirts, pants, jeans, denim, shorts, swimsuits, sleepwear, robes, jackets, hoodies, outerwear, active wear
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/28/2011 and first used in commerce at least as early as 04/28/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Clothing including, knit, woven, jersey and tee shirts, pants, jeans, denim, shorts, swimsuits, sleepwear, robes, jackets, hoodies, outerwear, active wear; Clothing, namely, knit, woven, jersey and tee shirts, pants, jeans, denims, shorts, swimsuits, sleepwear, robes, jackets, hoodies; outerwear, namely, jackets, vests and coats; active wear, namely, sweat pants, sweat shirts, fleece bottoms, athletic shorts, track pants and track jacketsClass 025 for Clothing, namely, knit, woven, jersey and tee shirts, pants, jeans, denims, shorts, swimsuits, sleepwear, robes, jackets, hoodies; outerwear, namely, jackets, vests and coats; active wear, namely, sweat pants, sweat shirts, fleece bottoms, athletic shorts, track pants and track jackets
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/28/2011 and first used in commerce at least as early as 04/28/2011 , and is now in use in such commerce.
The applicant hereby appoints Stephanie Lewis-Bullitt. Stephanie Lewis-Bullitt, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      6501 Legacy Drive
      Plano, Texas 75024
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 972-431-1000.

The email address is TRADEMARKS-SM@JCP.COM

Stephanie Lewis-Bullitt 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: J. C. PENNEY PURCHASING CORPORATION. J. C. PENNEY PURCHASING CORPORATION of J. C. PENNEY PURCHASING CORPORATION, is located at

      6501 LEGACY DRIVE
      PLANO, Texas 75024
      US

The phone number is 972-431-1000.

The email address is TRADEMARKS-SM@JCP.COM; mhartlan@jcp.com

The applicants proposed correspondence information: Stephanie Lewis-Bullitt. Stephanie Lewis-Bullitt, is located at

      6501 Legacy Drive
      Plano, Texas 75024
      United States

The phone number is 972-431-1000.

The email address is TRADEMARKS-SM@JCP.COM

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BIG & TALL SUPPLY CO. apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /stephanie lewis-bullitt/     Date: 02/06/2020
Signatory's Name: Stephanie Lewis-Bullitt
Signatory's Position: Attorney of record, Texas Bar member

Signatory's Phone Number: 972-431-1000

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:    J. C. PENNEY PURCHASING CORPORATION
   J. C. PENNEY PURCHASING CORPORATION
   
   6501 LEGACY DRIVE
   PLANO, Texas 75024
Mailing Address:    Stephanie Lewis-Bullitt
   6501 Legacy Drive
   Plano, Texas 75024
        
Serial Number: 88483643
Internet Transmission Date: Thu Feb 06 17:09:56 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202002061709568105
87-88483643-700f7cb7d4abd5eaa4690c15033e
c7cfdea71fb1f3ed1eb4cdbad9bfe6b67d576-N/
A-N/A-20200206165059852404