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 |
88666414 |
LAW OFFICE ASSIGNED |
LAW OFFICE 118 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88666414/mark.png |
LITERAL ELEMENT |
HUB |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) white, black and orange is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word "HUB" in stylized font whereby the word "HUB" appears in the color black within an orange rectangle featuring
rounded corners, all displayed against a black field. |
OWNER SECTION (current) |
NAME |
Licensing IP International S.a.r.l. |
MAILING ADDRESS |
32 boulevard Royal |
CITY |
Luxembourg |
ZIP/POSTAL CODE |
L-2449 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Luxembourg |
PHONE |
310-312-3111 |
EMAIL |
XXXX |
OWNER SECTION (proposed) |
NAME |
Licensing IP International S.a.r.l. |
MAILING ADDRESS |
32 boulevard Royal |
CITY |
Luxembourg |
ZIP/POSTAL CODE |
L-2449 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Luxembourg |
PHONE |
310-312-3111 |
EMAIL |
XXXX |
ARGUMENT(S) |
In response to the Examiner?s refusal to register Applicant's mark in connection with Classes 20, 24, 29, 30, 34 and 43, Applicant respectfully
states as follows: Applicant has amended its identification of goods in Classes 20 and 24. Applicant respectfully submits that cited U.S. Reg. No. 4,403,651 for MY HUB does not bar registration of
Applicant?s mark in Classes 20 and 24 because U.S. Reg. No. 4,403,651 was cancelled on June 5, 2020 due to the registrant?s failure to file an acceptable declaration under Section 8. Applicant also
has amended its goods in Class 29, and deleted Classes 30, 34, and 43. Applicant respectfully submits that such amendments are sufficient to overcome the Examiner?s 2(d) refusal. Applicant
respectfully requests that the application proceed to publication with respect to Classes 20, 24, and 29 |
GOODS AND/OR SERVICES SECTION (005) (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Gels for use as personal lubricants sexual stimulant gelstopical preparations, namely, gels for enhancing sexual arousal, enjoyment and
response |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (005) (proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Gels for use as personal lubricants sexual stimulant gelstopical preparations, namely, gels for
enhancing sexual arousal, enjoyment and response; Gels for use as personal lubricants; sexual stimulant gels and topical
preparations, namely, gels for enhancing sexual arousal, enjoyment and response |
FINAL DESCRIPTION |
Gels for use as personal lubricants; sexual stimulant gels and topical preparations, namely, gels for enhancing sexual arousal,
enjoyment and response |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (009) (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Mobile phone cases; pre-recorded films, tapes and disks; electronic publications; mouse mats; sunglasses; computer games; Computer
application software for mobile phones, tablets, portable media players, and handheld computers, namely, software for use in anonymous browsing, encryption, anti-tracking protection, network
protection, privacy protection, data compression, and data leakage prevention; magnets; phone hand stands |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (009) (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Mobile phone cases; pre-recorded films, tapes and disks; pre-recorded films, video tapes and video disks all featuring adult entertainment; electronic publications; electronic publications, namely, magazines all featuring adult entertainment; mouse mats; sunglasses; computer games; downloadable computer game software; Computer application software for mobile phones, tablets,
portable media players, and handheld computers, namely, software for use in anonymous browsing, encryption, anti-tracking protection, network protection, privacy protection, data compression, and
data leakage prevention; Downloadable computer application software for mobile phones, tablets, portable media players, and handheld computers, namely, software
for use in anonymous browsing, encryption, anti-tracking protection, network protection, privacy protection, data compression, and data leakage prevention; magnets;
phone hand stands; stands for mobile phones |
FINAL DESCRIPTION |
Mobile phone cases; pre-recorded films, video tapes and video disks all featuring adult entertainment; electronic publications, namely,
magazines all featuring adult entertainment; mouse mats; sunglasses; downloadable computer game software; Downloadable computer application software for mobile phones, tablets, portable media
players, and handheld computers, namely, software for use in anonymous browsing, encryption, anti-tracking protection, network protection, privacy protection, data compression, and data leakage
prevention; magnets; stands for mobile phones |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (010) (no change) |
GOODS AND/OR SERVICES SECTION (014) (current) |
INTERNATIONAL CLASS |
014 |
DESCRIPTION |
Clocks; key rings; key cases |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (014) (proposed) |
INTERNATIONAL CLASS |
014 |
TRACKED TEXT DESCRIPTION |
Clocks; key rings; key cases |
FINAL DESCRIPTION |
Clocks; key rings; |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (016) (current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Printed matter; stationery; writing implements; calendars, diaries, personal organisers; posters; photographs; goods of paper, card and
cardboard, beer mats, coasters, napkins and serviettes, paper table cloths; Promotional decals; pens, pencils, calendars; event programs; gift cards; stickers |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (016) (proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Printed matter; Printed matter, namely, tickets, invitations, and
posters; stationery; writing implements; calendars, diaries, personal organisers; posters; photographs; goods of paper, card and cardboard, namely, beer mats, coasters, napkins and serviettes, paper table
cloths; goods of paper, card and cardboard, beer mats, coasters, napkins and serviettes, paper table cloths; Promotional
decals; pens, pencils, calendars; event programs; paper gift cards; gift cards; stickers |
FINAL DESCRIPTION |
Printed matter, namely, tickets, invitations, and posters; stationery; writing implements; calendars, diaries, personal organisers;
photographs; goods of paper, card and cardboard, namely, beer mats, coasters, napkins and serviettes, paper table cloths; Promotional decals; pens, pencils, calendars; event programs; paper gift
cards; stickers |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (018) (current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
Bags ; cases; leather articles; imitation leather articles; skins and hides; umbrellas; parasols; walking sticks; belts; billfolds;
wallets; purses; portfolios; whips; harness |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (018) (proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
Bags; Tote bags; messenger
bags; leather articles; duffel bags; imitation leather articles; cases; leather and imitation leather; skins and hides; umbrellas; parasols; belts; walking sticks; billfolds; wallets; purses; portfolios; brief case type portfolios; whips; harness; business card cases; and key cases |
FINAL DESCRIPTION |
Tote bags; messenger bags; duffel bags; cases; leather and imitation leather; skins and hides; umbrellas; parasols; walking sticks;
billfolds; wallets; purses; brief case type portfolios; whips; harness; business card cases; and key cases |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (021) (current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Mugs; bottles; porcelain wares; cups; dishware; earthenware |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (021) (proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Mugs; bottles; water bottles sold
empty; porcelain wares; porcelain mugs; cups; dishware;
earthenware; earthenware mugs |
FINAL DESCRIPTION |
Mugs; water bottles sold empty; porcelain mugs; cups; dishware; earthenware mugs |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (024) (current) |
INTERNATIONAL CLASS |
024 |
DESCRIPTION |
Towels; pillows; pillow covers; canvas; bed linen; kitchen linen; table linen; bath linen |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (024) (proposed) |
INTERNATIONAL CLASS |
024 |
TRACKED TEXT DESCRIPTION |
Towels; pillows; pillow covers;
canvas; bed linen; kitchen linen; table linen;
bath linen |
FINAL DESCRIPTION |
Towels |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (025) (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing; shoes; hats; caps; sandals; belts; boots; footwear; headwear |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (025) (proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing; Clothing, namely, T-shirts, pants, headwear, knit caps,
baseball caps, hats, footwear, sandals, boots, dresses, shorts, sweatshirts, underwear, bras, panties, lingerie, boxer shorts, briefs, polo shirts, tank tops, hoodies, sleepwear, pajamas, nightgowns
and robes; shoes; hats; caps; sandals; belts; boots; footwear; headwear |
FINAL DESCRIPTION |
Clothing, namely, T-shirts, pants, headwear, knit caps, baseball caps, hats, footwear, sandals, boots, dresses, shorts, sweatshirts,
underwear, bras, panties, lingerie, boxer shorts, briefs, polo shirts, tank tops, hoodies, sleepwear, pajamas, nightgowns and robes |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (026) (current) |
INTERNATIONAL CLASS |
026 |
DESCRIPTION |
Clothing patches; patches; pins; hair ornaments; ornamental novelty badges; feathers for ornamentation; novelty buttons; shoe
ornaments |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (026) (proposed) |
INTERNATIONAL CLASS |
026 |
TRACKED TEXT DESCRIPTION |
Clothing patches; Cloth clothing patches; patches; ornamental cloth patches; pins; hair pins; hair ornaments; hair ornaments in the form of combs; ornamental novelty badges; feathers
for ornamentation; novelty buttons; shoe ornaments; shoe trimmings |
FINAL DESCRIPTION |
Cloth clothing patches; ornamental cloth patches; hair pins; hair ornaments in the form of combs; ornamental novelty badges; feathers
for ornamentation; novelty buttons; shoe trimmings |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (028) (current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Playing cards; cards; video game machines for use with television; parlour games |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (028) (proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Playing cards; cards; trading cards for
games; video game machines for use with television; parlour games |
FINAL DESCRIPTION |
Playing cards; trading cards for games; video game machines for use with television; parlour games |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (029) (current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Meat; fish; poultry; game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs;
milk; milk products; edible oils; fats |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (029) (proposed) |
INTERNATIONAL CLASS |
029 |
TRACKED TEXT DESCRIPTION |
Meat; fish; poultry; game;
meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams;
compotes; eggs; milk; milk products; milk
products excluding ice cream, ice milk, and frozen yogurt; edible oils; fats; edible
fats |
FINAL DESCRIPTION |
Meat; fish; poultry; game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs;
milk; milk products excluding ice cream, ice milk, and frozen yogurt; edible oils; edible fats |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (030)(class deleted) |
GOODS AND/OR SERVICES SECTION (034)(class deleted) |
GOODS AND/OR SERVICES SECTION (035) (current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Online retail store services; computerized online ordering featuring general merchandise and general consumer goods; marketing
services; retail sale; sales demonstrations; promoting the sale of goods and services; modeling services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (035) (proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Online retail store services; Online retail store services
featuring sexual stimulant gels, mobile phone cases, downloadable videos in the field of adult entertainment, sex toys, backpacks, tote bags, messenger bags, duffel bags, mugs, empty water bottles,
clothing and headwear; computerized online ordering featuring general merchandise and general consumer goods; computerized online ordering featuring sexual stimulant gels, mobile phone cases, downloadable videos in the field of adult entertainment, sex toys, backpacks, tote bags, messenger bags,
duffel bags, mugs, empty water bottles, clothing and headwear; marketing services; retail sale; sales demonstrations; promoting the sale of goods and services; modeling services |
FINAL DESCRIPTION |
Online retail store services featuring sexual stimulant gels, mobile phone cases, downloadable videos in the field of adult
entertainment, sex toys, backpacks, tote bags, messenger bags, duffel bags, mugs, empty water bottles, clothing and headwear; computerized online ordering featuring sexual stimulant gels, mobile
phone cases, downloadable videos in the field of adult entertainment, sex toys, backpacks, tote bags, messenger bags, duffel bags, mugs, empty water bottles, clothing and headwear; marketing
services; |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (038) (current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Video-on-demand transmission services; video broadcasting; electronic, electric, and digital transmission of voice, data, and images;
telecommunication services; radio and television broadcasting |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (038) (proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Video-on-demand transmission services; video broadcasting; electronic, electric, and digital transmission of voice, data, and images; electronic, electric, and digital transmission of voice, data, and images all
in the field of adult entertainment; telecommunication services; telecommunication services, namely, cellular telephone
services; radio and television broadcasting; streaming audio and video material, namely, music, movies, television shows, music
videos, news and sports webcasts on the internet |
FINAL DESCRIPTION |
Video-on-demand transmission services; video broadcasting; electronic, electric, and digital transmission of voice, data, and images
all in the field of adult entertainment; telecommunication services, namely, cellular telephone services; radio and television broadcasting; streaming audio and video material, namely, music, movies,
television shows, music videos, news and sports webcasts on the internet |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (041) (current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment services; operation of a website that provides streaming audio and video such as music, movies, television shows, music
videos, news and sports webcasts; event planning; entertainment services, namely, providing a website for on-line gambling; sporting and cultural activities services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
GOODS AND/OR SERVICES SECTION (041) (proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Entertainment services; Entertainment services, namely, providing a
website featuring non-downloadable video, photographs, images, audio, and text in the field of adult entertainment via a global computer network; operation of a
website that provides streaming audio and video such as music, movies, television shows, music videos, news and sports webcasts; special event planning for
social entertainment purposes; event planning; entertainment services, namely, providing a website for on-line gambling;
providing information relating to organizing community sporting and cultural activities; sporting and cultural activities
services |
FINAL DESCRIPTION |
Entertainment services, namely, providing a website featuring non-downloadable video, photographs, images, audio, and text in the field
of adult entertainment via a global computer network; special event planning for social entertainment purposes; entertainment services, namely, providing a website for on-line gambling; providing
information relating to organizing community sporting and cultural activities |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
GOODS AND/OR SERVICES SECTION (042) (no change) |
GOODS AND/OR SERVICES SECTION (043)(class deleted) |
GOODS AND/OR SERVICES SECTION (020)(class added) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
Cushions |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018126804 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/18/2019 |
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. |
ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) black and orange are claimed as a feature of the mark is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of of the word "HUB" in stylized font whereby the word "HUB" appears in the color black within an orange rectangle featuring
rounded corners, all displayed against a black field. |
CORRESPONDENCE INFORMATION (current) |
NAME |
EVAN M. KENT |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
Trademark@msk.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
43277 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Evan M. Kent |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
Trademark@msk.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
43277 |
PAYMENT SECTION |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
NUMBER OF CLASSES |
1 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Alesha M. Dominique/ |
SIGNATORY'S NAME |
Alesha M. Dominique |
SIGNATORY'S POSITION |
Attorney of Record, DC bar member |
SIGNATORY'S PHONE NUMBER |
310-312-2000 |
DATE SIGNED |
06/11/2020 |
RESPONSE SIGNATURE |
/Alesha M. Dominique/ |
SIGNATORY'S NAME |
Alesha M. Dominique |
SIGNATORY'S POSITION |
Attorney of Record, DC bar member |
SIGNATORY'S PHONE NUMBER |
310-312-2000 |
DATE SIGNED |
06/11/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 11 18:21:19 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.X-202
00611182119971661-8866641
4-71090e699fafb89e649d19d
4c5d4a6c108f27687af96302e
22abf4dd2bfa3a5f-CC-21187
911-20200611165132354497 |
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.
88666414 HUB (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8866641 4/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In response to the Examiner?s refusal to register Applicant's mark in connection with Classes 20, 24, 29, 30, 34 and 43, Applicant respectfully states as follows: Applicant has amended its
identification of goods in Classes 20 and 24. Applicant respectfully submits that cited U.S. Reg. No. 4,403,651 for MY HUB does not bar registration of Applicant?s mark in Classes 20 and 24 because
U.S. Reg. No. 4,403,651 was cancelled on June 5, 2020 due to the registrant?s failure to file an acceptable declaration under Section 8. Applicant also has amended its goods in Class 29, and deleted
Classes 30, 34, and 43. Applicant respectfully submits that such amendments are sufficient to overcome the Examiner?s 2(d) refusal. Applicant respectfully requests that the application proceed to
publication with respect to Classes 20, 24, and 29
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 030 for Coffee; tea; coca; sugar; rice; tapioca; sago; artificial coffee; flour and preparation made from cereals; bread; pastry and confectionery; ices; honey; treacle; yeast; baking-powders;
salt; mustard; vinegar; sauces; condiments; spices; ice
Applicant hereby deletes the following class of goods/services from the application.
Class 034 for Electronic cigarettes; cartridges sold filled with propylene glycol for electronic cigarettes
Applicant hereby deletes the following class of goods/services from the application.
Class 043 for Restaurants; bar services
Applicant proposes to amend the following:
Current:
Class 005 for Gels for use as personal lubricants sexual stimulant gelstopical preparations, namely, gels for enhancing sexual arousal, enjoyment and response
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Gels for use as personal lubricants sexual stimulant gelstopical preparations, namely, gels for enhancing sexual arousal, enjoyment and
response;
Gels for use as personal lubricants;
sexual stimulant gels and topical preparations, namely, gels for enhancing
sexual arousal, enjoyment and responseClass 005 for Gels for use as personal lubricants; sexual stimulant gels and topical preparations, namely, gels for enhancing sexual arousal, enjoyment and
response
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 009 for Mobile phone cases; pre-recorded films, tapes and disks; electronic publications; mouse mats; sunglasses; computer games; Computer application software for mobile phones, tablets,
portable media players, and handheld computers, namely, software for use in anonymous browsing, encryption, anti-tracking protection, network protection, privacy protection, data compression, and
data leakage prevention; magnets; phone hand stands
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Mobile phone cases;
pre-recorded films, tapes and disks;
pre-recorded
films, video tapes and video disks all featuring adult entertainment;
electronic publications;
electronic publications,
namely, magazines all featuring adult entertainment;
mouse mats;
sunglasses;
computer games;
downloadable computer game software;
Computer application software for mobile phones, tablets, portable media players, and
handheld computers, namely, software for use in anonymous browsing, encryption, anti-tracking protection, network protection, privacy protection, data compression, and data leakage prevention;
Downloadable computer application software for mobile phones, tablets, portable media players, and handheld computers, namely, software for use in anonymous browsing,
encryption, anti-tracking protection, network protection, privacy protection, data compression, and data leakage prevention;
magnets;
phone hand stands;
stands for mobile phonesClass 009 for Mobile phone cases; pre-recorded films, video tapes and video disks all featuring adult
entertainment; electronic publications, namely, magazines all featuring adult entertainment; mouse mats; sunglasses; downloadable computer game software; Downloadable computer application software
for mobile phones, tablets, portable media players, and handheld computers, namely, software for use in anonymous browsing, encryption, anti-tracking protection, network protection, privacy
protection, data compression, and data leakage prevention; magnets; stands for mobile phones
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 014 for Clocks; key rings; key cases
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Clocks;
key rings;
key casesClass 014 for Clocks; key rings;
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 016 for Printed matter; stationery; writing implements; calendars, diaries, personal organisers; posters; photographs; goods of paper, card and cardboard, beer mats, coasters, napkins and
serviettes, paper table cloths; Promotional decals; pens, pencils, calendars; event programs; gift cards; stickers
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Printed matter;
Printed matter, namely, tickets, invitations, and posters;
stationery;
writing implements;
calendars, diaries, personal organisers;
posters;
photographs;
goods of paper, card and cardboard, namely, beer mats, coasters, napkins and serviettes, paper table cloths;
goods of paper, card and cardboard, beer mats, coasters, napkins and serviettes, paper table cloths;
Promotional decals;
pens,
pencils, calendars;
event programs;
paper gift cards;
gift cards;
stickersClass 016 for Printed matter, namely, tickets, invitations, and posters; stationery; writing implements; calendars, diaries, personal organisers; photographs; goods of paper,
card and cardboard, namely, beer mats, coasters, napkins and serviettes, paper table cloths; Promotional decals; pens, pencils, calendars; event programs; paper gift cards; stickers
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 018 for Bags ; cases; leather articles; imitation leather articles; skins and hides; umbrellas; parasols; walking sticks; belts; billfolds; wallets; purses; portfolios; whips; harness
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Bags;
Tote bags;
messenger bags;
leather articles;
duffel bags;
imitation leather articles;
cases;
leather and imitation leather;
skins and hides;
umbrellas;
parasols;
belts;
walking sticks;
billfolds;
wallets;
purses;
portfolios;
brief case type portfolios;
whips;
harness;
business card cases;
and key casesClass 018 for Tote bags; messenger bags; duffel bags; cases; leather and imitation leather; skins and hides;
umbrellas; parasols; walking sticks; billfolds; wallets; purses; brief case type portfolios; whips; harness; business card cases; and key cases
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 021 for Mugs; bottles; porcelain wares; cups; dishware; earthenware
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Mugs;
bottles;
water bottles sold empty;
porcelain wares;
porcelain mugs;
cups;
dishware;
earthenware;
earthenware mugsClass 021 for Mugs; water bottles sold empty; porcelain mugs; cups; dishware; earthenware mugs
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 024 for Towels; pillows; pillow covers; canvas; bed linen; kitchen linen; table linen; bath linen
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Towels;
pillows;
pillow covers;
canvas;
bed linen;
kitchen linen;
table linen;
bath linenClass 024 for Towels
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 025 for Clothing; shoes; hats; caps; sandals; belts; boots; footwear; headwear
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Clothing;
Clothing, namely, T-shirts, pants, headwear, knit caps, baseball caps, hats, footwear,
sandals, boots, dresses, shorts, sweatshirts, underwear, bras, panties, lingerie, boxer shorts, briefs, polo shirts, tank tops, hoodies, sleepwear, pajamas, nightgowns and robes;
shoes;
hats;
caps;
sandals;
belts;
boots;
footwear;
headwearClass 025 for Clothing, namely,
T-shirts, pants, headwear, knit caps, baseball caps, hats, footwear, sandals, boots, dresses, shorts, sweatshirts, underwear, bras, panties, lingerie, boxer shorts, briefs, polo shirts, tank tops,
hoodies, sleepwear, pajamas, nightgowns and robes
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 026 for Clothing patches; patches; pins; hair ornaments; ornamental novelty badges; feathers for ornamentation; novelty buttons; shoe ornaments
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Clothing patches;
Cloth clothing patches;
patches;
ornamental cloth patches;
pins;
hair pins;
hair
ornaments;
hair ornaments in the form of combs;
ornamental novelty badges;
feathers for ornamentation;
novelty buttons;
shoe ornaments;
shoe trimmingsClass 026 for Cloth clothing patches;
ornamental cloth patches; hair pins; hair ornaments in the form of combs; ornamental novelty badges; feathers for ornamentation; novelty buttons; shoe trimmings
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 028 for Playing cards; cards; video game machines for use with television; parlour games
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Playing cards;
cards;
trading cards for games;
video game machines for use with television;
parlour gamesClass 028 for Playing cards; trading cards for games; video game machines for use with television;
parlour games
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 029 for Meat; fish; poultry; game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk; milk products; edible oils; fats
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Meat;
fish;
poultry;
game;
meat
extracts;
preserved, frozen, dried and cooked fruits and vegetables;
jellies;
jams;
compotes;
eggs;
milk;
milk products;
milk products
excluding ice cream, ice milk, and frozen yogurt;
edible oils;
fats;
edible fatsClass
029 for Meat; fish; poultry; game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk; milk products excluding ice cream, ice milk, and
frozen yogurt; edible oils; edible fats
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 035 for Online retail store services; computerized online ordering featuring general merchandise and general consumer goods; marketing services; retail sale; sales demonstrations; promoting the
sale of goods and services; modeling 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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Online retail store services;
Online retail store services featuring sexual stimulant gels, mobile
phone cases, downloadable videos in the field of adult entertainment, sex toys, backpacks, tote bags, messenger bags, duffel bags, mugs, empty water bottles, clothing and headwear;
computerized online ordering featuring general merchandise and general consumer goods;
computerized online ordering featuring sexual
stimulant gels, mobile phone cases, downloadable videos in the field of adult entertainment, sex toys, backpacks, tote bags, messenger bags, duffel bags, mugs, empty water bottles, clothing and
headwear;
marketing services;
retail sale;
sales demonstrations;
promoting the sale of goods and services;
modeling servicesClass 035 for Online retail store services featuring sexual stimulant gels,
mobile phone cases, downloadable videos in the field of adult entertainment, sex toys, backpacks, tote bags, messenger bags, duffel bags, mugs, empty water bottles, clothing and headwear;
computerized online ordering featuring sexual stimulant gels, mobile phone cases, downloadable videos in the field of adult entertainment, sex toys, backpacks, tote bags, messenger bags, duffel bags,
mugs, empty water bottles, clothing and headwear; marketing 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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 038 for Video-on-demand transmission services; video broadcasting; electronic, electric, and digital transmission of voice, data, and images; telecommunication services; radio and television
broadcasting
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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Video-on-demand transmission services;
video broadcasting;
electronic, electric,
and digital transmission of voice, data, and images;
electronic, electric, and digital transmission of voice, data, and images all in the field of adult
entertainment;
telecommunication services;
telecommunication services, namely, cellular telephone services;
radio and television broadcasting;
streaming audio and video material, namely, music, movies, television shows, music videos, news and
sports webcasts on the internetClass 038 for Video-on-demand transmission services; video broadcasting; electronic, electric, and digital transmission of voice, data, and images all in the
field of adult entertainment; telecommunication services, namely, cellular telephone services; radio and television broadcasting; streaming audio and video material, namely, music, movies, television
shows, music videos, news and sports webcasts on the internet
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant proposes to amend the following:
Current:
Class 041 for Entertainment services; operation of a website that provides streaming audio and video such as music, movies, television shows, music videos, news and sports webcasts; event planning;
entertainment services, namely, providing a website for on-line gambling; sporting and cultural activities 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[ European Union Trademark - EUTM application number 018126804 filed 09/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Entertainment services;
Entertainment services, namely, providing a website featuring
non-downloadable video, photographs, images, audio, and text in the field of adult entertainment via a global computer network;
operation of a website that
provides streaming audio and video such as music, movies, television shows, music videos, news and sports webcasts;
special event planning for social
entertainment purposes;
event planning;
entertainment services, namely, providing a website for on-line gambling;
providing information relating to organizing community sporting and cultural activities;
sporting and cultural activities
servicesClass 041 for Entertainment services, namely, providing a website featuring non-downloadable video, photographs, images, audio, and text in the field of adult entertainment via a global
computer network; special event planning for social entertainment purposes; entertainment services, namely, providing a website for on-line gambling; providing information relating to organizing
community sporting and cultural activities
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 020 for Cushions
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 [ European Union Trademark - EUTM application number 018126804 filed
09/18/2019]. 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: Licensing IP International S.a.r.l., a limited liability company legally organized under the laws of Luxembourg, having an address of
32 boulevard Royal
Luxembourg, L-2449
Luxembourg
Email Address: XXXX
310-312-3111
Proposed: Licensing IP International S.a.r.l., a limited liability company legally organized under the laws of Luxembourg, having an address of
32 boulevard Royal
Luxembourg, L-2449
Luxembourg
Email Address: XXXX
310-312-3111
ADDITIONAL STATEMENTS
Color Claim
The color(s) black and orange are claimed as a feature of the mark is/are claimed as a feature of the mark.
Description of mark
The mark consists of of the word "HUB" in stylized font whereby the word "HUB" appears in the color black within an orange rectangle featuring rounded corners, all displayed against a black
field.
Correspondence Information (current):
EVAN M. KENT
PRIMARY EMAIL FOR CORRESPONDENCE: Trademark@msk.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 43277.
Correspondence Information (proposed):
Evan M. Kent
PRIMARY EMAIL FOR CORRESPONDENCE: Trademark@msk.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 43277.
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).
FEE(S)
Fee(s) in the amount of $275 is being submitted.
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: /Alesha M. Dominique/ Date: 06/11/2020
Signatory's Name: Alesha M. Dominique
Signatory's Position: Attorney of Record, DC bar member
Signatory's Phone Number: 310-312-2000
Response Signature
Signature: /Alesha M. Dominique/ Date: 06/11/2020
Signatory's Name: Alesha M. Dominique
Signatory's Position: Attorney of Record, DC bar member
Signatory's Phone Number: 310-312-2000
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: EVAN M. KENT
MITCHELL SILBERBERG & KNUPP LLP
18TH FLOOR
2049 CENTURY PARK EAST
LOS ANGELES, California 90067
Mailing Address: Evan M. Kent
MITCHELL SILBERBERG & KNUPP LLP
18TH FLOOR
2049 CENTURY PARK EAST
LOS ANGELES, California 90067
RAM Sale Number: 88666414
RAM Accounting Date: 06/11/2020
Serial Number: 88666414
Internet Transmission Date: Thu Jun 11 18:21:19 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-202006111821199716
61-88666414-71090e699fafb89e649d19d4c5d4
a6c108f27687af96302e22abf4dd2bfa3a5f-CC-
21187911-20200611165132354497