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. 88498300 COMMANDTOES (Stylized and/or with Design, see http://uspto.report/TM/88498300/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 025 for Clothing and footwear
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: Clothing and footwear; Clothing, namely, coats for children; dresses for children; hooded sweatshirts for children; sweatshirts for children; jackets for children; pajamas for children; pants for children; shirts for children; shorts for children; sweaters for children; sweatpants for children; t-shirts for children; trousers for children; sleepwear, socks, rain wear, outerwear, hats, t shirts, robes ¶
¶
and footwearClass 025 for Clothing, namely, coats for children; dresses for children; hooded sweatshirts for children; sweatshirts for children; jackets for children; pajamas for children; pants for children; shirts for children; shorts for children; sweaters for children; sweatpants for children; t-shirts for children; trousers for children; sleepwear, socks, rain wear, outerwear, hats, t shirts, robes and footwear
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: Toot Sweet Toys, Inc., a corporation of New York, having an address of
      500 East 85th Street
      New York, New York 10028
      United States

Proposed: Toot Sweet Toys, Inc., a corporation of New York, having an address of
      500 East 85th Street
      New York, New York 10028
      United States
      Email Address: uspto@cozen.com

The owner's/holder's current attorney information: Edward M. Weisz. Edward M. Weisz of COZEN O'CONNOR, is located at

      277 PARK AVENUE
      NEW YORK, New York 10172
      United States
The docket/reference number is 6316-19.
      The phone number is 212-883-4900.
      The fax number is 212-986-0604.
      The email address is eweisz@cozen.com

The owner's/holder's proposed attorney information: Edward M. Weisz. Edward M. Weisz of COZEN O'CONNOR, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      277 PARK AVENUE, 20th Floor
      NEW YORK, New York 10172
      United States
The docket/reference number is 6316-19.
      The phone number is 212-883-4900.
      The fax number is 212-986-0604.
      The email address is eweisz@cozen.com

Edward M. Weisz 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):
      EDWARD M. WEISZ
      PRIMARY EMAIL FOR CORRESPONDENCE: eweisz@cozen.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmdocketing@cozen.com

The docket/reference number is 6316-19.
Correspondence Information (proposed):
      Edward M. Weisz
      PRIMARY EMAIL FOR CORRESPONDENCE: eweisz@cozen.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): phipdocketing@cozen.com

The docket/reference number is 6316-19.

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: /Edward M. Weisz/     Date: 03/20/2020
Signatory's Name: Edward M. Weisz
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 212-297-2660

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:    EDWARD M. WEISZ
   COZEN O'CONNOR
   
   277 PARK AVENUE
   NEW YORK, New York 10172
Mailing Address:    Edward M. Weisz
   COZEN O'CONNOR
   277 PARK AVENUE, 20th Floor
   NEW YORK, New York 10172
        
Serial Number: 88498300
Internet Transmission Date: Fri Mar 20 16:08:41 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003201608414
38075-88498300-710ce7e524263d7db43aacb6f
de25834ed3d7b7f694b588dcbd1d4081a57d75-N
/A-N/A-20200320155428121338