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. 88508071 LOCH & LOMOND(Standard Characters, see http://uspto.report/TM/88508071/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Faucet parts, namely, faucet handles, faucet sprayers; faucet aerators; faucet extension kits in the nature of a kit for extending the faucet comprised of faucet extensions, faucet valves, fasteners, threaded rods, nuts, washers; faucet face plates for showers and tubs; showers; showerheads; hand-held showers; personal shower systems, namely, a shower system comprised of a hand shower, shower head, shower body sprayers, water diverter, shower house, shower grab bars in both metal and non-metal; stainless steel undermount sinks in the nature of angular sinks, namely, sinks with 90 degree angles; stainless steel zero radius undermount sinks in the nature of angular sinks, namely, sinks with 90 degree angles; stainless steel near zero radius undermount sinks in the nature of angular sinks, namely, sinks with corners that are nearly square; tub strainers, namely, strainers for plumbing drains; face plates, namely, face plates for tub drain overflow; faucets; kitchen sinks; sinks; toilets; shower control valves; push-button hand showers; toilet seats; garbage disposal flanges; Air switch kit in the nature of kits comprised of parts for an air activated pressure switch being parts of air bath appliances and whirlpools; Bath tubs; Lavatories; Soap dispensers; Toilet tissue holders; Towel bars; shower column rails; steam units for showers; shower bases; sinks, namely, composite kitchen sinks, fire clay kitchen sinks, apron front kitchen sinks; tubs; tubs, namely, free standing tubs, cast iron tubs; bathroom vanities; cabinetry hardware; mirrors
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: Faucet parts, namely, faucet handles, faucet sprayers; faucet aerators; faucet extension kits in the nature of a kit for extending the faucet comprised of faucet extensions, faucet valves, fasteners, threaded rods, nuts, washers; faucet face plates for showers and tubs; showers; showerheads; hand-held showers; personal shower systems, namely, a shower system comprised of a hand shower, shower head, shower body sprayers, water diverter, shower house, shower grab bars in both metal and non-metal; personal shower systems, namely, a shower system comprised of a hand shower, shower head, shower body sprayers, water diverter, shower hose, shower grab bars in both metal and non-metal; stainless steel undermount sinks in the nature of angular sinks, namely, sinks with 90 degree angles; stainless steel zero radius undermount sinks in the nature of angular sinks, namely, sinks with 90 degree angles; stainless steel near zero radius undermount sinks in the nature of angular sinks, namely, sinks with corners that are nearly square; tub strainers, namely, strainers for plumbing drains; face plates, namely, face plates for tub drain overflow; faucets; kitchen sinks; sinks; toilets; shower control valves; push-button hand showers; toilet seats; garbage disposal flanges; plumbing accessories, namely, garbage disposal sink flanges; Air switch kit in the nature of kits comprised of parts for an air activated pressure switch being parts of air bath appliances and whirlpools; Air switch kit in the nature of kits comprised of component parts for an air activated pressure switch being parts of air bath appliances and whirlpools; Bath tubs; Lavatories; Soap dispensers; shower column rails; Toilet tissue holders; steam units for showers; Towel bars; shower bases; sinks, namely, composite kitchen sinks, fire clay kitchen sinks, apron front kitchen sinks; bath tubs; tubs, namely, free standing bath tubs; cast iron bath tubs; tubs; tubs, namely, free standing tubs, cast iron tubs; bathroom vanities; cabinetry hardware; mirrorsClass 011 for Faucet parts, namely, faucet handles, faucet sprayers; faucet aerators; faucet extension kits in the nature of a kit for extending the faucet comprised of faucet extensions, faucet valves, fasteners, threaded rods, nuts, washers; faucet face plates for showers and tubs; showers; showerheads; hand-held showers; personal shower systems, namely, a shower system comprised of a hand shower, shower head, shower body sprayers, water diverter, shower hose, shower grab bars in both metal and non-metal; stainless steel undermount sinks in the nature of angular sinks, namely, sinks with 90 degree angles; stainless steel zero radius undermount sinks in the nature of angular sinks, namely, sinks with 90 degree angles; stainless steel near zero radius undermount sinks in the nature of angular sinks, namely, sinks with corners that are nearly square; tub strainers, namely, strainers for plumbing drains; face plates, namely, face plates for tub drain overflow; faucets; kitchen sinks; sinks; toilets; shower control valves; push-button hand showers; toilet seats; plumbing accessories, namely, garbage disposal sink flanges; Air switch kit in the nature of kits comprised of component parts for an air activated pressure switch being parts of air bath appliances and whirlpools; Bath tubs; Lavatories; shower column rails; steam units for showers; shower bases; sinks, namely, composite kitchen sinks, fire clay kitchen sinks, apron front kitchen sinks; bath tubs; tubs, namely, free standing bath tubs; cast iron bath tubs
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 hereby adds the following class of goods/services to the application:
New: Class 020 for Bathroom vanities; mirrors; cabinetry hardware, namely, non-metal handles and knobs
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 hereby adds the following class of goods/services to the application:
New: Class 021 for Soap dispensers; toilet tissue holders; towel bars
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: Scott M. Sisun, Esq.. Scott M. Sisun, Esq. of SISUN LAW, is located at

      135 MADISON AVENUE, FLOOR 5
      NEW YORK, New York 10016
      US

The email address is scott@sisunlaw.com

The applicants proposed attorney information: Scott M. Sisun, Esq.. Scott M. Sisun, Esq. of SISUN LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      135 MADISON AVENUE, FLOOR 5
      NEW YORK, New York 10016
      United States

The email address is scott@sisunlaw.com

Scott M. Sisun, Esq. 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: SCOTT M. SISUN, ESQ.. SCOTT M. SISUN, ESQ. of SISUN LAW, is located at

      135 MADISON AVENUE, FLOOR 5
      NEW YORK, New York 10016
      US

The email address is scott@sisunlaw.com; paralegal@sisunlaw.com

The applicants proposed correspondence information: Scott M. Sisun, Esq.. Scott M. Sisun, Esq. of SISUN LAW, is located at

      135 MADISON AVENUE, FLOOR 5
      NEW YORK, New York 10016
      United States

The email address is scott@sisunlaw.com; paralegal@sisunlaw.com

FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /scottsisun/      Date: 10/18/2019
Signatory's Name: Scott M. Sisun, Esq.
Signatory's Position: Attorney of Record, NY Bar Member
Signatory's Phone Number: 3479137800


Response Signature
Signature: /scottsisun/     Date: 10/18/2019
Signatory's Name: Scott Sisun
Signatory's Position: Attorney of Record, NY bar member

Signatory's Phone Number: 3479137800

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:    SCOTT M. SISUN, ESQ.
   SISUN LAW
   
   135 MADISON AVENUE, FLOOR 5
   NEW YORK, New York 10016
Mailing Address:    Scott M. Sisun, Esq.
   SISUN LAW
   135 MADISON AVENUE, FLOOR 5
   NEW YORK, New York 10016
        
RAM Sale Number: 88508071
RAM Accounting Date: 10/18/2019
        
Serial Number: 88508071
Internet Transmission Date: Fri Oct 18 15:53:24 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019101815532499
6402-88508071-6106c7d28e38f5b72805831726
ba228c202111bfc03fe61ea222d393d8a4c9429-
CC-53234716-20191018125652289048