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. 88517146 NUDGE(Standard Characters, see http://uspto.report/TM/88517146/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 025 for Clothing; footwear; headgear; clothing for athletic purposes, posture adjustment and compression clothing, including vests, shirts, tights, stockings, knee socks, stockings, knee guards, wrist guards, calf and thigh supports, armbands, elbow guards of textile
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000341419 filed 07/16/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Clothing; Clothing, namely, shirts, t-shirts, under shirts, night shirts, rugby shirts, polo shirts, cardigans, jerseys, uniforms, dress shirts, pants, trousers, slacks, jeans, culottes, cargo pants, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, crop tops, tank tops, halter tops, sweat shirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, play suits, blouses, skirts, dresses, gowns, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, anoraks, ponchos, jackets, reversible jackets, blazers, suits, turtlenecks, cloth ski bibs, beachwear, tennis wear, surf wear, ski wear, layettes, infant wear, infants sleepers, booties, baby bibs not of paper, cloth diapers, wrist bands, sweat bands, aprons, suspenders, neckwear, ties, neckerchiefs, ascots, underwear, thermal underwear, long underwear, briefs, swim and bathing trunks, bras, sports bras, brassieres, bustiers, corsets, panties, thongs, garters and garter belts, teddies, girdles, foundation garments, singlets, socks, loungewear, robes, smocks, pajamas, sleepwear, night gowns, lingerie, camisoles, negligees, chemises, chemisettes, slips, sarongs, leg warmers, hosiery, pantyhose, body stockings, knee highs, leggings, tights, leotards, body suits, unitards, body shapers, gloves, mittens, rainwear, tops, bottoms, swimwear, coats, underclothes, neckwear, belts, gloves, scarves; footwear; footwear, namely, sneakers, boots, galoshes, hiking boots, sandals, flip-flops, slippers, shoes, running shoes, trainers; headgear; headgear, namely, hats, caps, swim caps, berets, beanies, visors, headbands, bandanas, ear muffs, baseball caps; clothing for athletic purposes, posture adjustment and compression clothing, including vests, shirts, tights, stockings, knee socks, stockings, knee guards, wrist guards, calf and thigh supports, armbands, elbow guards of textile; clothing for athletic purposes, namely jogging pants, t-shirts, base layers, snoods, shorts, vests, sports bras, leggingsClass 025 for Clothing, namely, shirts, t-shirts, under shirts, night shirts, rugby shirts, polo shirts, cardigans, jerseys, uniforms, dress shirts, pants, trousers, slacks, jeans, culottes, cargo pants, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, crop tops, tank tops, halter tops, sweat shirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, play suits, blouses, skirts, dresses, gowns, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, anoraks, ponchos, jackets, reversible jackets, blazers, suits, turtlenecks, cloth ski bibs, beachwear, tennis wear, surf wear, ski wear, layettes, infant wear, infants sleepers, booties, baby bibs not of paper, cloth diapers, wrist bands, sweat bands, aprons, suspenders, neckwear, ties, neckerchiefs, ascots, underwear, thermal underwear, long underwear, briefs, swim and bathing trunks, bras, sports bras, brassieres, bustiers, corsets, panties, thongs, garters and garter belts, teddies, girdles, foundation garments, singlets, socks, loungewear, robes, smocks, pajamas, sleepwear, night gowns, lingerie, camisoles, negligees, chemises, chemisettes, slips, sarongs, leg warmers, hosiery, pantyhose, body stockings, knee highs, leggings, tights, leotards, body suits, unitards, body shapers, gloves, mittens, rainwear, tops, bottoms, swimwear, coats, underclothes, neckwear, belts, gloves, scarves; footwear, namely, sneakers, boots, galoshes, hiking boots, sandals, flip-flops, slippers, shoes, running shoes, trainers; headgear, namely, hats, caps, swim caps, berets, beanies, visors, headbands, bandanas, ear muffs, baseball caps; clothing for athletic purposes, namely jogging pants, t-shirts, base layers, snoods, shorts, vests, sports bras, leggings
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000341419 filed 07/16/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 010 for Posture adjustment and compression clothing, namely, vests, shirts, tights, stockings, knee socks, stockings, and calf and thigh supports in the nature of stockings
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK00003414195 filed 07/16/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Nudge Group Ltd a(n) limited company (ltd.), legally organized under the laws of United Kingdom, having an address of
      3 Booth House, High Street
      Brentford, TW88LL
      United Kingdom

Proposed: Nudge Group Ltd, limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      3 Booth House, High Street
      Brentford, TW88LL
      United Kingdom
      Email Address: tmclients@wnj.com

The owner's/holder's current attorney information: Mary C. Bonnema. Mary C. Bonnema of WARNER NORCROSS + JUDD LLP, is located at

      900 FIFTH THIRD CENTER
      111 LYON STREET NW
      GRAND RAPIDS, Michigan 49503-2487
      United States
The docket/reference number is 187171.
      The phone number is 616-752-2403.
      The fax number is 616-222-2469.
      The email address is trademarks@wnj.com

The owner's/holder's proposed attorney information: Mary C. Bonnema. Other appointed attorneys are Charles E. Burpee, James L. Scott, R. Scott Keller, Catherine S. Collins, Amber M. Underhill. Mary C. Bonnema of WARNER NORCROSS + JUDD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1500 Warner Building
      150 Ottawa Ave NW
      Grand Rapids, Michigan 49503
      United States
The docket/reference number is 187171187171.
      The phone number is 616-752-2403.
      The email address is trademarks@wnj.com

Mary C. Bonnema 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):
      MARY C. BONNEMA
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@wnj.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 187171.
Correspondence Information (proposed):
      Mary C. Bonnema
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@wnj.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mbonnema@wnj.com

The docket/reference number is 187171187171.

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).

FEE(S)
Fee(s) in the amount of $275 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: /Mary C. Bonnema/      Date: 03/19/2020
Signatory's Name: Mary C. Bonnema
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: (616) 752-2403


Response Signature
Signature: /Mary C. Bonnema/     Date: 03/19/2020
Signatory's Name: Mary C. Bonnema
Signatory's Position: Attorney of Record, Michigan bar member

Signatory's Phone Number: 616-752-2403

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:    MARY C. BONNEMA
   WARNER NORCROSS + JUDD LLP
   900 FIFTH THIRD CENTER
   111 LYON STREET NW
   GRAND RAPIDS, Michigan 49503-2487
Mailing Address:    Mary C. Bonnema
   WARNER NORCROSS + JUDD LLP
   1500 Warner Building
   150 Ottawa Ave NW
   Grand Rapids, Michigan 49503
        
RAM Sale Number: 88517146
RAM Accounting Date: 03/19/2020
        
Serial Number: 88517146
Internet Transmission Date: Thu Mar 19 13:40:06 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020031913400633
7326-88517146-710ace97ac543a56b4648d1697
ad538c11be5edb981a497884d4d1e2e5cf31d4b-
ET-40051840-20200319114055227123