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. 88508795 SEIRI(Standard Characters, see http://uspto.report/TM/88508795/mark.png) has been amended as follows:

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

Applicant is deleting class 020 to remove the conflict noted by the examiner. Applicant requests the refusal for the likelihood of confusion be withdrawn and the application allowed to move to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 020 for Drawer organizers; Drawer organizers for silverware; Non-metal fabric hanging organizer; Non-metal fabric storage bin organizer; Shelves for storage; Shoe racks; Storage racks

Applicant proposes to amend the following:
Current: Class 018 for All-purpose carrying bags; All-purpose reusable carrying bags; Back packs; Backpacks; Carry-all bags; Carry-on bags; Cosmetic bags sold empty; Drawstring bags; Drawstring pouches; Duffle bags; Garment bags for travel; Grooming organizers for travel; Hat boxes for travel not of paper or cardboard; Luggage inserts, namely, packing cubes; Make-up bags sold empty; Pocketbooks; Pouches and bags sold empty for attachment to backpacks; Pouches for holding make-up, keys and other personal items; Shaving bags sold empty; Shoe bags for travel; Ticket pouches; Toiletry bags sold empty; Toiletry cases sold empty; Tote bags; Travel bag organizer inserts specially adapted to travel bags; Travel bags; Traveling bags; Travelling bags; Unfitted vanity cases; Vanity cases, not fitted; Wash bags sold empty for carrying toiletries; Weekend bags
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 06/25/2019 and first used in commerce at least as early as 06/25/2019 , and is now in use in such commerce.

Proposed: Class 018 for All-purpose carrying bags; All-purpose reusable carrying bags; Back packs; Backpacks; Carry-all bags; Carry-on bags; Cosmetic bags sold empty; Drawstring bags; Drawstring pouches; Duffle bags; Garment bags for travel; Grooming organizers for travel; Hat boxes for travel not of paper or cardboard; Luggage inserts, namely, packing cubes; Make-up bags sold empty; Pocketbooks; Pouches and bags sold empty for attachment to backpacks; Pouches for holding make-up, keys and other personal items; Shaving bags sold empty; Shoe bags for travel; Ticket pouches; Toiletry bags sold empty; Toiletry cases sold empty; Tote bags; Travel bag organizer inserts specially adapted to travel bags; Travel bags; Traveling bags; Travelling bags; Unfitted vanity cases; Vanity cases, not fitted; Wash bags sold empty for carrying toiletries; Weekend bags
Deleted Filing Basis: 1(a)
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 proposes to amend the following:
Current: Class 021 for All purpose portable household containers; Beverageware; Dishware; Gloves for household purposes; Insulating sleeve holder for beverage cups
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 06/25/2019 and first used in commerce at least as early as 06/25/2019 , and is now in use in such commerce.

Proposed: Class 021 for All purpose portable household containers; Beverageware; Dishware; Gloves for household purposes; Insulating sleeve holder for beverage cups
Deleted Filing Basis: 1(a)
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 owner's/holder's proposed attorney information Jason R. Lee. Jason R. Lee of The Trademark Firm PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 11-225
      2370 W SR 89A
      Sedona, Arizona 86336
      United States
to submit this Response to Office Action Form on behalf of the applicant.
      The phone number is 8664002507.
      The fax number is 800-689-7978.
      The email address is jason@llapc.com

Jason R. Lee 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):
      LEIMENA, MADGELINE
      PRIMARY EMAIL FOR CORRESPONDENCE: MadAntNavio@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): maddymonster88@gmail.com
Correspondence Information (proposed):
      Jason R. Lee
      PRIMARY EMAIL FOR CORRESPONDENCE: jason@llapc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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).

ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


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: /Jason R. Lee/      Date: 03/04/2020
Signatory's Name: Jason R. Lee
Signatory's Position: Attorney of Record, MI Bar Member

Response Signature
Signature: /Jason R. Lee/     Date: 03/04/2020
Signatory's Name: Jason R. Lee
Signatory's Position: Attorney of Record, MI Bar Member

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:    LEIMENA, MADGELINE
   
   
   685 RACE COURSE ROAD, 12-322
   SINGAPORE, 210685
Mailing Address:    Jason R. Lee
   The Trademark Firm PLLC
   Suite 11-225
   2370 W SR 89A
   Sedona, Arizona 86336
        
Serial Number: 88508795
Internet Transmission Date: Wed Mar 04 12:00:15 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020030412001527
4877-88508795-710887962cba85951c487725bd
f5b57b3d597ce56b3b4144458a4624c743957795
3-N/A-N/A-20200304115207933631