TEAS Request Reconsideration after FOA

SIMPLY ADORABLE

Fashioncentral LLC

TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88595304
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK http://uspto.report/TM/88595304/mark.png
LITERAL ELEMENT SIMPLY ADORABLE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\885\953\88595304\xml9\ RFR0002.JPG
DESCRIPTION OF EVIDENCE FILE Applicant makes socks which registrant does not
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 035
DESCRIPTION
On-line wholesale and retail store services featuring bras, underwear, Footwear; headwear; football shoes; cleats for attachment to sports shoes; coats; belts; socks; headbands; hats; bandanas; hosiery; sweatbands; scarves; gloves; athletic uniforms; athletic tights; compression sleeves sold as an integral component of athletic clothing, namely, for shirts; clothing for athletic use, namely, padded shirts, padded pants, padded shorts Sports bags; backpacks; duffle bags; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks; luggage; suitcases; umbrellas; shoulder bags; belts made of leather and imitations of leather; leather strap; custom imprinting of banners and signs with messages; design printing for others; screen printing; customized printing of team names and logos for others for promotional purposes Bandanas; Belts; Hosiery; Visors
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2016
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2016
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
On-line wholesale and retail store services featuring bras, underwear, Footwear; Online and retail services featuring headwear; headwear; football shoes; cleats for attachment to sports shoes; coats; belts for clothing; belts; socks; headbands; hats; bandanas; hosiery; sweatbands; scarves; gloves; athletic uniforms; athletic tights; compression sleeves sold as an integral component of athletic clothing, namely, for shirts; clothing for athletic use, namely, padded shirts, padded pants, padded shorts; clothing for athletic use, namely, padded shirts, padded pants, padded shorts Sports bags; belts made of leather and imitations of leather; backpacks; visors being headwear; duffle bags; swim trunks; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks; luggage; suitcases; umbrellas; shoulder bags; leather strap; custom imprinting of banners and signs with messages; design printing for others; screen printing; customized printing of team names and logos for others for promotional purposes Bandanas; Belts; Hosiery; Visors
FINAL DESCRIPTION
Online and retail services featuring headwear; football shoes; cleats for attachment to sports shoes; coats; belts for clothing; socks; headbands; hats; bandanas; hosiery; sweatbands; scarves; gloves; athletic uniforms; athletic tights; compression sleeves sold as an integral component of athletic clothing, namely, for shirts; clothing for athletic use, namely, padded shirts, padded pants, padded shorts; belts made of leather and imitations of leather; visors being headwear; swim trunks
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2016
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2016
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\885\953\88595304\xml9\ RFR0003.JPG
       SPECIMEN DESCRIPTION Socks
SIGNATURE SECTION
DECLARATION SIGNATURE /Kimberly Korn/
SIGNATORY'S NAME Kimberly Korn
SIGNATORY'S POSITION Attorney of record NY Bar Member
SIGNATORY'S PHONE NUMBER 2679808704
DATE SIGNED 01/17/2020
RESPONSE SIGNATURE /Kimberly Korn/
SIGNATORY'S NAME Kimberly Korn
SIGNATORY'S POSITION Attorney of record NY Bar Member
SIGNATORY'S PHONE NUMBER 2679808704
DATE SIGNED 01/17/2020
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Fri Jan 17 06:56:36 EST 2020
TEAS STAMP USPTO/RFR-XXXX:XXXX:XXXX:
XXXX:XXX:XXXX:XXXX:XXXX-2
0200117065636463579-88595
304-700b039dfd539b49ec67f
f8362409493c14f7960b9ca3e
312654480ce94cab17-N/A-N/
A-20200117065116006052



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 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 88595304 SIMPLY ADORABLE(Standard Characters, see http://uspto.report/TM/88595304/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant makes socks which registrant does not has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for On-line wholesale and retail store services featuring bras, underwear, Footwear; headwear; football shoes; cleats for attachment to sports shoes; coats; belts; socks; headbands; hats; bandanas; hosiery; sweatbands; scarves; gloves; athletic uniforms; athletic tights; compression sleeves sold as an integral component of athletic clothing, namely, for shirts; clothing for athletic use, namely, padded shirts, padded pants, padded shorts Sports bags; backpacks; duffle bags; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks; luggage; suitcases; umbrellas; shoulder bags; belts made of leather and imitations of leather; leather strap; custom imprinting of banners and signs with messages; design printing for others; screen printing; customized printing of team names and logos for others for promotional purposes Bandanas; Belts; Hosiery; Visors
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 01/01/2016 and first used in commerce at least as early as 01/01/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: On-line wholesale and retail store services featuring bras, underwear, Footwear; Online and retail services featuring headwear; headwear; football shoes; cleats for attachment to sports shoes; coats; belts for clothing; belts; socks; headbands; hats; bandanas; hosiery; sweatbands; scarves; gloves; athletic uniforms; athletic tights; compression sleeves sold as an integral component of athletic clothing, namely, for shirts; clothing for athletic use, namely, padded shirts, padded pants, padded shorts; clothing for athletic use, namely, padded shirts, padded pants, padded shorts Sports bags; belts made of leather and imitations of leather; backpacks; visors being headwear; duffle bags; swim trunks; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks; luggage; suitcases; umbrellas; shoulder bags; leather strap; custom imprinting of banners and signs with messages; design printing for others; screen printing; customized printing of team names and logos for others for promotional purposes Bandanas; Belts; Hosiery; VisorsClass 035 for Online and retail services featuring headwear; football shoes; cleats for attachment to sports shoes; coats; belts for clothing; socks; headbands; hats; bandanas; hosiery; sweatbands; scarves; gloves; athletic uniforms; athletic tights; compression sleeves sold as an integral component of athletic clothing, namely, for shirts; clothing for athletic use, namely, padded shirts, padded pants, padded shorts; belts made of leather and imitations of leather; visors being headwear; swim trunks
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 01/01/2016 and first used in commerce at least as early as 01/01/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of Socks .
"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

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: /Kimberly Korn/      Date: 01/17/2020
Signatory's Name: Kimberly Korn
Signatory's Position: Attorney of record NY Bar Member
Signatory's Phone Number: 2679808704


Request for Reconsideration Signature
Signature: /Kimberly Korn/     Date: 01/17/2020
Signatory's Name: Kimberly Korn
Signatory's Position: Attorney of record NY Bar Member

Signatory's Phone Number: 2679808704

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 88595304
Internet Transmission Date: Fri Jan 17 06:56:36 EST 2020
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXXX:XXXX:XXX:XXXX:X
XXX:XXXX-20200117065636463579-88595304-7
00b039dfd539b49ec67ff8362409493c14f7960b
9ca3e312654480ce94cab17-N/A-N/A-20200117
065116006052


TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]


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