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. 88619247 VOGUE(Standard Characters, see http://uspto.report/TM/88619247/mark.png) has been amended as follows:

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

The cited 2(d) registration has been cancelled so 2(d) refusal should be withdrawn

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for BICYCLES; ELECTRIC CYCLES, NAMELY, MOTORCYCLES, BICYCLES; MOPEDS; PARTS AND ACCESSORIES ADAPTED FOR BICYCLES AND MOPEDS, namely, BICYCLE BASKETS, BICYCLE BAGS, LUGGAGE CARRIERS, BELLS, FRAMES
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: bicycles; electric cycles, namely, motorcycles, bicycles; mopeds; PARTS AND ACCESSORIES ADAPTED FOR BICYCLES AND MOPEDS, namely, BICYCLE BASKETS, BICYCLE BAGS, LUGGAGE CARRIERS, BELLS, FRAMES; parts and accessories adapted for bicycles, namely, bicycle baskets, pannier bags, luggage racks for bicycles, bells, framesClass 012 for bicycles; electric cycles, namely, motorcycles, bicycles; mopeds; parts and accessories adapted for bicycles, namely, bicycle baskets, pannier bags, luggage racks for bicycles, bells, frames
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: /eric gisolfi/     Date: 01/23/2020
Signatory's Name: Eric Gisolfi
Signatory's Position: Associate Attorney, Advance, NY Bar Member

Signatory's Phone Number: 2122868246

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: 88619247
Internet Transmission Date: Mon Jan 27 09:08:02 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020012709080260
3294-88619247-700aa9645eb953cae12ccd599f
6f5e0e8bd1d4e9ffdee94cda3379482b7bf52-N/
A-N/A-20200123140933773216