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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88629205 |
LAW OFFICE ASSIGNED |
LAW OFFICE 121 |
MARK SECTION |
MARK |
http://uspto.report/TM/88629205/mark.png |
LITERAL ELEMENT |
OXYLANE |
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. |
GOODS AND/OR SERVICES SECTION (009)(no change) |
GOODS AND/OR SERVICES SECTION (011)(no change) |
GOODS AND/OR SERVICES SECTION (012)(no change) |
GOODS AND/OR SERVICES SECTION (018)(no change) |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing, namely, tee-shirts, shorts, trousers, jackets, coats, non-waterproof parkas rainwear, tights, cycling shorts, cycling
jerseys, cycling pants; gloves; headwear; footwear (except for orthopedic shoes); socks; sports socks; cycling shoes; insoles for footwear |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
4537486 |
FOREIGN APPLICATION COUNTRY |
France |
FOREIGN FILING DATE |
03/26/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
19/4537486 |
FOREIGN REGISTRATION
COUNTRY |
France |
FOREIGN REGISTRATION
DATE |
03/26/2019 |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing, namely, tee-shirts, shorts, trousers, jackets, coats, non-waterproof parkas rainwear, tights, cycling
shorts, cycling jerseys, cycling pants; gloves; headwear; footwear (except for orthopedic shoes);
footwear, except for orthopedic shoes; socks; sports socks; cycling shoes;
insoles for footwear |
FINAL DESCRIPTION |
Clothing, namely, tee-shirts, shorts, trousers, jackets, coats, non-waterproof parkas rainwear, tights, cycling shorts, cycling
jerseys, cycling pants; gloves; headwear; footwear, except for orthopedic shoes; socks; sports socks; cycling shoes; insoles for footwear |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
4537486 |
FOREIGN APPLICATION COUNTRY |
France |
FOREIGN FILING DATE |
03/26/2019 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
19/4537486 |
FOREIGN REGISTRATION
COUNTRY |
France |
FOREIGN REGISTRATION
DATE |
03/26/2019 |
GOODS AND/OR SERVICES SECTION (028)(no change) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/ctw/ |
SIGNATORY'S NAME |
Charles T. J. Weigell |
SIGNATORY'S POSITION |
Attorney of Record, New York State Bar Member |
SIGNATORY'S PHONE NUMBER |
212-813-8239 |
DATE SIGNED |
12/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Dec 09 19:48:35 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20191209194835997963-8862
9205-70036c79c7b45b536906
6caef40c92fddba5a3df451d7
171c3737e5e7e4d3e-N/A-N/A
-20191209192838959666 |
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.
88629205 OXYLANE(Standard Characters, see http://uspto.report/TM/88629205/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 Clothing, namely, tee-shirts, shorts, trousers, jackets, coats, non-waterproof parkas rainwear, tights, cycling shorts, cycling jerseys, cycling pants; gloves; headwear;
footwear (except for orthopedic shoes); socks; sports socks; cycling shoes; insoles for footwear
Original Filing Basis:
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[ France application number 4537486 filed 03/26/2019]. 15 U.S.C.Section 1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 19/4537486 registered 03/26/2019
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Clothing, namely, tee-shirts, shorts, trousers, jackets, coats, non-waterproof parkas rainwear, tights, cycling shorts, cycling jerseys, cycling
pants;
gloves;
headwear;
footwear (except for orthopedic shoes);
footwear, except for orthopedic shoes;
socks;
sports socks;
cycling shoes;
insoles
for footwearClass 025 for Clothing, namely, tee-shirts, shorts, trousers, jackets, coats, non-waterproof parkas rainwear, tights, cycling shorts, cycling jerseys, cycling pants; gloves;
headwear; footwear, except for orthopedic shoes; socks; sports socks; cycling shoes; insoles for footwear
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 [ France application number 4537486 filed 03/26/2019]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 19/4537486 registered 03/26/2019
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
SIGNATURE(S)
Response Signature
Signature: /ctw/ Date: 12/09/2019
Signatory's Name: Charles T. J. Weigell
Signatory's Position: Attorney of Record, New York State Bar Member
Signatory's Phone Number: 212-813-8239
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: 88629205
Internet Transmission Date: Mon Dec 09 19:48:35 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201912091948359
97963-88629205-70036c79c7b45b5369066caef
40c92fddba5a3df451d7171c3737e5e7e4d3e-N/
A-N/A-20191209192838959666