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. 88520336 ECOLOFT (Stylized and/or with Design, see http://uspto.report/TM/88520336/mark.png) has been amended as follows:

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

In an Office Action issued October 7, 2019, the Examining Attorney (1) objects to the goods descriptions and classification, and (2) requests clarification regarding the color claim and mark description.

 

In response to Item 1, applicant amends the goods description and classification as suggested by the Examining Attorney. Applicant adds one class and has paid the extra filing fee with this response.

In response to Item 2, applicant responds to the Examining Attorney’s inquiry regarding the color claim by asserting that color is not a feature of the mark. Applicant requests that the color claim be deleted from the application, and amends the description of the mark to read, "The mark consists of the stylized wording ‘ECOLOFT’."

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Bedding; bed coverings; quilts; duvets
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: Bedding; Bedding, namely, bed sheets; bed coverings; quilts; duvetsClass 024 for Bedding, namely, bed sheets; bed coverings; quilts; duvets
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 class of goods/services in the application:
Current: Class 025 for Clothing; apparel accessories; hats; gloves (clothing); scarves; mittens; shoes; boots; jackets (clothing); vests; parkas; shirts; shirt jacs; pants; capes; ponchos
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: Clothing; Clothing, namely, shirts, pants, coats, dresses; apparel accessories; apparel accessories, namely, headwear and footwear; hats; gloves (clothing); gloves; scarves; mittens; shoes; boots; jackets (clothing); jackets; vests; parkas; shirts; shirt jacs; shirt jacs, namely, jackets that have the appearance of shirts; pants; capes; ponchosClass 025 for Clothing, namely, shirts, pants, coats, dresses; apparel accessories, namely, headwear and footwear; hats; gloves; scarves; mittens; shoes; boots; jackets; vests; parkas; shirts; shirt jacs, namely, jackets that have the appearance of shirts; pants; capes; ponchos
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 Pillows
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: Kevin S. Costanza. Kevin S. Costanza of SEED IP LAW GROUP LLP, is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      US
The docket/reference number is 980106.218.

The phone number is 206-622-4900.

The fax number is 206-682-6031.

The email address is USTM.docketing@seedip.com

The applicants proposed attorney information: Kevin S. Costanza. Other appointed attorneys are E. Russell Tarleton, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Russell C. Pangborn, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Stephen J. Rosenman, Bradley Zentz, and Thomas A. Shewmake. Kevin S. Costanza of SEED IP LAW GROUP 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

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      United States
The docket/reference number is 980106.218.

The phone number is 206-622-4900.

The fax number is 206-682-6031.

The email address is USTM.docketing@seedip.com

Kevin S. Costanza 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: KEVIN S. COSTANZA. KEVIN S. COSTANZA of SEED IP LAW GROUP LLP, is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      US
The docket/reference number is 980106.218.

The phone number is 206-622-4900.

The fax number is 206-682-6031.

The email address is USTM.docketing@seedip.com

The applicants proposed correspondence information: Kevin S. Costanza. Kevin S. Costanza of SEED IP LAW GROUP LLP, is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      United States
The docket/reference number is 980106.218.

The phone number is 206-622-4900.

The fax number is 206-682-6031.

The email address is USTM.docketing@seedip.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "ECOLOFT".

Miscellaneous Statement
Please delete the colors currently claimed in the mark. No colors are claimed as a feature of the mark.


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: /Kevin S. Costanza/      Date: 10/25/2019
Signatory's Name: Kevin S. Costanza
Signatory's Position: Attorney of record
Signatory's Phone Number: 206-622-4900


Response Signature
Signature: /Kevin Costanza/     Date: 10/25/2019
Signatory's Name: Kevin Costanza
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone Number: 206-622-4900

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:    KEVIN S. COSTANZA
   SEED IP LAW GROUP LLP
   SUITE 5400
   701 FIFTH AVENUE
   SEATTLE, Washington 98104
Mailing Address:    Kevin S. Costanza
   SEED IP LAW GROUP LLP
   SUITE 5400
   701 FIFTH AVENUE
   SEATTLE, Washington 98104
        
RAM Sale Number: 88520336
RAM Accounting Date: 10/25/2019
        
Serial Number: 88520336
Internet Transmission Date: Fri Oct 25 14:54:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201910251454396
76343-88520336-61060134912d4ed1cd467bc2f
99aef4f8772506ffaf7a57456a9f290275fa5c5d
5-CC-54278294-20191025120047877580