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. 88595354 AIRASIA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8859535 4/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 039 for Transport; Airline transport; Passenger transport; Transport of travelers; Freight forwarding; Transportation logistics; Transport reservation; Travel reservation; Arranging of travel tours; Transportation information; Transport services for sightseeing tours; Warehousing; Storage of goods; Piloting; Rental of aeroplanes; Courier services
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[ Malaysia application number TM2019031709 filed 08/27/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Transport; Air Transport; Airline transport; Airline transport, namely, air transport; Passenger transport; Transport of travelers; Freight forwarding; Transportation logistics; Transportation logistics consulting services; Transport reservation; Travel reservation; Travel transportation reservation; Arranging of travel tours; Arranging of transportation for travel tours; Transportation information; Transport services for sightseeing tours; Warehousing; Storage of goods; Piloting; Rental of aeroplanes; Courier servicesClass 039 for Air Transport; Airline transport, namely, air transport; Passenger transport; Transport of travelers; Freight forwarding; Transportation logistics consulting services; Transport reservation; Travel transportation reservation; Arranging of transportation for travel tours; Transportation information; Transport services for sightseeing tours; Warehousing; Storage of goods; Piloting; Rental of aeroplanes; Courier services
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 [ Malaysia application number TM2019031709 filed 08/27/2019]. 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: AIRASIA BERHAD, a corporation of Malaysia, having an address of

            U. 30-01, Lv. 30, Twr A, Vert. Bus. Ste      Ave. 3, Bangsar S., No.8, Jalan Kerinchi
      Kuala Lumpur, W.P., 59200
      Malaysia

Proposed: AIRASIA BERHAD, a corporation of Malaysia, having an address of
      U. 30-01, Lv. 30, Twr A, Vert. Bus. Ste
      Ave. 3, Bangsar S., No.8, Jalan Kerinchi
      Kuala Lumpur, W.P., 59200
      Malaysia
      Email Address: XXXX

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a shaded circle featuring the unshaded stylized wording "AIR ASIA".

Miscellaneous Statement
Malaysian application No. TM2019031709 is still pending. Applicant respectfully requests suspension of the application pending issuance of the registration. Applicant will address the 2(e)(1) issue in a subsequent response upon perfecting the 44(e) registration basis.


The owner's/holder's current attorney information: Paulo A. de Almeida. Paulo A. de Almeida of PATEL & ALMEIDA, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      United States
      The phone number is 818-380-1900.
      The email address is paulo@paiplaw.com

The owner's/holder's proposed attorney information: Paulo A. de Almeida. Other appointed attorneys are Alex D. Patel, Andrew T. Rissler. Paulo A. de Almeida of PATEL & ALMEIDA, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      United States
      The phone number is 8183801900.
      The fax number is 8183801908.
      The email address is trademarks@paiplaw.com

Paulo A. de Almeida 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):
      PAULO A. DE ALMEIDA
      PRIMARY EMAIL FOR CORRESPONDENCE: paulo@paiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): alex@paiplaw.com; nikki@paiplaw.com; chris@paiplaw.com; inbox@paiplaw.com
Correspondence Information (proposed):
      Paulo A. de Almeida
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@paiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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).

SIGNATURE(S)
Response Signature
Signature: /Andrew T. Rissler/     Date: 06/10/2020
Signatory's Name: Andrew T. Rissler
Signatory's Position: Attorney, California Bar member

Signatory's Phone Number: 8183801900

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:    PAULO A. DE ALMEIDA
   PATEL & ALMEIDA, P.C.
   
   16830 VENTURA BLVD., SUITE 360
   ENCINO, California 91436
Mailing Address:    Paulo A. de Almeida
   PATEL & ALMEIDA, P.C.
   16830 VENTURA BLVD., SUITE 360
   ENCINO, California 91436
        
Serial Number: 88595354
Internet Transmission Date: Wed Jun 10 12:31:14 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200610123114834994-88595354-
710a3658164657c34a181dfbfc39c2d829bb6d75
d24455b4a5971beb98cb737d54-N/A-N/A-20200
610121809336650