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. 88540513  (Stylized and/or with Design, see http://uspto.report/TM/88540513/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 025 for JEANS, SHORTS, AND SKIRTS
Original Filing Basis:
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 09/00/2017 and first used in commerce at least as early as 09/00/2017 , and is now in use in such commerce.

Proposed: Class 025 for JEANS, SHORTS, AND SKIRTS
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 09/00/2017 and first used in commerce at least as early as 09/00/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of a screen shot from applicant's website displaying the mark as used on the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The applicant's current attorney information: Jeffrey H. Epstein. Jeffrey H. Epstein of COWAN, LIEBOWITZ & LATMAN, P.C., is located at

      114 WEST 47TH STREET
      NEW YORK, New York 10036-1525
      US
The docket/reference number is 29648.911.

The phone number is 212-790-9200.

The fax number is 212-575-0671.

The email address is trademark@cll.com

The applicants proposed attorney information: Jeffrey H. Epstein. Jeffrey H. Epstein of COWAN, LIEBOWITZ & LATMAN, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      114 WEST 47TH STREET
      NEW YORK, New York 10036-1525
      United States
The docket/reference number is 29648.911.

The phone number is 212-790-9200.

The fax number is 212-575-0671.

The email address is trademark@cll.com

Jeffrey H. Epstein 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: JEFFREY H. EPSTEIN. JEFFREY H. EPSTEIN of COWAN, LIEBOWITZ & LATMAN, P.C., is located at

      114 WEST 47TH STREET
      NEW YORK, New York 10036-1525
      US
The docket/reference number is 29648.911.

The phone number is 212-790-9200.

The fax number is 212-575-0671.

The email address is trademark@cll.com

The applicants proposed correspondence information: Jeffrey H. Epstein. Jeffrey H. Epstein of COWAN, LIEBOWITZ & LATMAN, P.C., is located at

      114 WEST 47TH STREET
      NEW YORK, New York 10036-1525
      United States
The docket/reference number is 29648.911.

The phone number is 212-790-9200.

The fax number is 212-575-0671.

The email address is trademark@cll.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a collection of lines of stitching within two pentagonal pockets. On the left is a pentagonal pocket with a straight diagonal line of stitching ("Line 1L") that begins approximately one-third down from the top of the left side of the pocket extending upward to the right and terminating three-quarters from the end of the right side of the pocket. Another diagonal line of stitching begins slightly above Line 1L and extends downward and to the right and terminates shortly after intersecting with Line 1L. Three-fourths down from the top of the left pocket is a slim horizontal rectangle of stitching that extends the entire length of the pocket with a gap in the center of the rectangle. Immediately below the rectangle stitching is a horizontal line of stitching that extends the entire length of the pocket. The right pentagonal pocket is a mirror image of the left pentagonal pocket, that is, it contains a diagonal line of stitching ("Line 1R") that begins approximately one-third down from the top of the right side of the pocket extending upward to the left and terminating three-quarters from the end of the left side of the pocket. Another diagonal line of stitching begins slightly above Line 1R and extends downward to the left and terminates shortly after intersecting with Line 1R. Three-fourths down from the top of the right pocket is a slim horizontal rectangle of stitching that extends the entire length of the pocket with a gap in the center of the rectangle. Immediately below the rectangle stitching is a horizontal line of stitching that extends the entire length of the pocket. The pentagonal pocket designs themselves, which are shown in dotted lines, are not claimed as features of the mark.

Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


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: /Jeffrey Chery/      Date: 12/09/2019
Signatory's Name: Jeffrey Chery
Signatory's Position: Attorney of Record, NYS bar member
Signatory's Phone Number: 212-790-9200


Response Signature
Signature: /Jeffrey Chery/     Date: 12/09/2019
Signatory's Name: JEFFREY CHERY
Signatory's Position: Attorney of Record, NYS bar member (Reg. No. 4693701, admitted 2009)

Signatory's Phone Number: 2127909200

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:    JEFFREY H. EPSTEIN
   COWAN, LIEBOWITZ & LATMAN, P.C.
   
   114 WEST 47TH STREET
   NEW YORK, New York 10036-1525
Mailing Address:    Jeffrey H. Epstein
   COWAN, LIEBOWITZ & LATMAN, P.C.
   114 WEST 47TH STREET
   NEW YORK, New York 10036-1525
        
Serial Number: 88540513
Internet Transmission Date: Mon Dec 09 15:11:30 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191209151130329
113-88540513-70094193b0f07542d7ad9a52185
d49637bef8427b5e9ee3877a988213f1f60816e-
N/A-N/A-20191209141121822711