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. 88590083 MAINSTAYS(Standard Characters, see http://uspto.report/TM/88590083/mark.png) has been amended as follows:

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

Examiner has raised the issue that the filing date of pending U.S. Application Serial No. 86842628 precedes applicant's filing date. U.S. Application Serial No. 86842576 is now a dead application, therefore, no confusion exists.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 026 for Sewing pins, sewing needles, sewing thimbles; sewing baskets, sewing tins; snap, zip, hook and eyelet, and slide fasteners; separable fasteners, namely, hook and loop type fasteners; clothing buckles; quilt, blanket, seam and rug binding; cloth patches for clothing; patches for repairing textile articles; quilting and sewing supplies sold as a kit comprised of notions for quilting, namely, sewing threads and pins, thread racks; pin cushions; tracing wheels; buttons; ribbons; fabric appliqués; lace; webbing in the nature of woven fabric tape for sewing purposes; beads for handicraft work; artificial flowers work
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: Sewing pins, sewing needles, sewing thimbles; sewing baskets, sewing tins; snap, zip, hook and eyelet, and slide fasteners; separable fasteners, namely, hook and loop type fasteners; clothing buckles; quilt, blanket, seam and rug binding; cloth patches for clothing; patches for repairing textile articles; quilting and sewing supplies sold as a kit comprised of notions for quilting, namely, sewing threads and pins, thread racks; quilting and sewing supplies sold as a kit comprised of notions for quilting, namely, sewing pins and threads and pins, thread racks; pin cushions; tracing wheels; buttons; ribbons; haberdashery ribbons; ribbons of textile materials; fabric appliqués; lace; webbing in the nature of woven fabric tape for sewing purposes; artificial flowers work; beads for handicraft work; artificial flower arrangementsClass 026 for Sewing pins, sewing needles, sewing thimbles; sewing baskets, sewing tins; snap, zip, hook and eyelet, and slide fasteners; separable fasteners, namely, hook and loop type fasteners; clothing buckles; quilt, blanket, seam and rug binding; cloth patches for clothing; patches for repairing textile articles; quilting and sewing supplies sold as a kit comprised of notions for quilting, namely, sewing pins and threads and pins, thread racks; pin cushions; tracing wheels; buttons; haberdashery ribbons; ribbons of textile materials; fabric appliqués; lace; webbing in the nature of woven fabric tape for sewing purposes; beads for handicraft work; artificial flower arrangements
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.

SIGNATURE(S)
Response Signature
Signature: /HollyMLar/     Date: 11/19/2019
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, AR2011204

Signatory's Phone Number: 479-204-5424

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.

        
Serial Number: 88590083
Internet Transmission Date: Tue Nov 19 14:31:15 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191119143115
843999-88590083-7007d61d99c4fb1484250773
9e4ac7b22ab57f16435d87bdfcc918e96d847953
-N/A-N/A-20191119094115238785