Response to Office Action

ELITE

Hill, John J

Response to Office Action [application/xml]

@attributes

Description
Response to Office Action
Document-subtype
roa
Document-type
roa
Expiry-date
09/20/2020
Form-number
1957
Omb-form-note-text
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.
Omb-form-number
0651-0050
Revision-date
10/2011
System-creator
eteas
Version
7.10
Version-date
2019-12-21

Trademark-case-files

Trademark-case-file

Case-file-header

Serial-number
88786387
Registration-number
0

Mark

@attributes

Action-code
read
Version
reference

Design-mark

@attributes Standard-character-format
n
File-name
https://tmng-al.uspto.gov/resting2/api/img/88786387/large
Mark-text
ELITE
Law-office-assigned-location-code
LAW OFFICE 111
Filing-date
20200205

Office-action-form

@attributes

Add-new-class
n
Appoint-representative
n
Attorney-filing
n
Correct-mark
n
Correct-procedure
n
Declaration-signature-method
DIRECT
Declaration-signature-type
n
Make-additional-statement
y
Modify-exist-class
y
Number-of-new-classes
1
Pay-additional-fee
n
Present-argument
n
Response-signature-method
DIRECT

Goods-service

@attributes

Action-code
read
Version
original
Sequence-number
1
Class-code
025
Original-class-code
025
Description-text
and#65339;Headgearand#65341; bathing caps, berets, cap peaks, caps, hat frames, hats, headgear for wear, mantillas, miters, shower caps, skull caps, top hats, turbans, visors, wimples.and#65339;Clothingand#65341; aprons, ascots, babies' pants, bandanas, bath robes, bathing trunks, bathing suits, beach clothes, belts, bibs, not of paper, boas, bodices, brassieres, breeches for wear, camisoles, chasubles, clothing for gymnastics, clothing, clothing of imitations of leather, clothing of leather, coats, collar protectors, collars, combinations, corselets, corsets, cuffs, cyclists' clothing, detachable collars, dress shields, dresses, dressing gowns, ear muffs, fishing vests, footmuffs, fur stoles, furs, gabardines, garters, girdles, gloves, headbands, heelpieces for stockings, hoods, hosiery, jackets, jerseys, pinafore dresses, knitwear, layettes, leggings, leg warmers, liveries, maniples, masquerade costumes, mittens, money belts, motorists' clothing, muffs, neckties, outerclothing, overalls, overcoats, drawers, paper clothing, paper hats, parkas, pelerines, pelisses, petticoats, pocket squares, pockets for clothing, ponchos, pullovers, pajamas, ready-made linings, ready-made clothing, saris, sarongs, sashes for wear, scarves, shawls, shirt yokes, shirt fronts, shirts, short-sleeve shirts, sports jerseys, ski gloves, skirts, skorts, sleep masks, slips, sock suspenders, socks, gaiters, stocking suspenders, stockings, sweat-absorbent stockings, stuff jackets, suits, suspenders, anti-sweat underwear, sweaters, teddies, tee-shirts, tights, togas, gaiter straps, trousers, underpants, underwear, uniforms, veils, vests, waterproof clothing, wet suits for water-skiing,and#65339;Footwearand#65341; bath sandals, bath slippers, beach shoes, boot uppers, boots, boots for sports, esparto shoes or sandals, fittings of metal for footwear, football shoes, footwear, footwear uppers, galoshes, gymnastic shoes, half-boots, heelpieces for footwear, heels, inner soles, lace boots, non-slipping devices for footwear, sandals, shoes, ski boots, slippers, soles for footwear, sports shoes, studs for football boots, tips for footwear, welts for footwear, wooden shoes
Filing-basis-current-1a-in
Y
Filing-basis-current-1b-in
N
Filing-basis-current-44d-in
N
Filing-basis-current-44e-in
N
First-use-anywhere-date
20200105
First-use-in-commerce-date
20200205

@attributes

Action-code
update
Version
correction
Sequence-number
1
Class-code
025
Description-text
Clothing-Namely, Suits, Shorts, Pants, Tights, Shirts, Jerseys, Socks, Gloves, Jackets, Coats, Swimwear, Sweaters, Caps, Pullovers, Warm-Up Suits,Rain Suits, Ski Suits, Jump Suits, Boots, Shoes, Slippers.
Filing-basis-current-1a-in
N
Filing-basis-current-1b-in
Y
Description-comment-text
and#65339; Clothing-Namely, Suits, Shorts, Pants, Tights, Shirts, Jerseys, Socks, Gloves, Jackets, Coats, Swimwear, Sweaters, Caps, Pullovers, Warm-Up Suits,Rain Suits, Ski Suits, Jump Suits, Boots, Shoes, Slippers.; Headgearand#65341; bathing caps, berets, cap peaks, caps, hat frames, hats, headgear for wear, mantillas, miters, shower caps, skull caps, top hats, turbans, visors, wimples.and#65339; Clothingand#65341; aprons, ascots, babies' pants, bandanas, bath robes, bathing trunks, bathing suits, beach clothes, belts, bibs, not of paper, boas, bodices, brassieres, breeches for wear, camisoles, chasubles, clothing for gymnastics, clothing, clothing of imitations of leather, clothing of leather, coats, collar protectors, collars, combinations, corselets, corsets, cuffs, cyclists' clothing, detachable collars, dress shields, dresses, dressing gowns, ear muffs, fishing vests, footmuffs, fur stoles, furs, gabardines, garters, girdles, gloves, headbands, heelpieces for stockings, hoods, hosiery, jackets, jerseys, pinafore dresses, knitwear, layettes, leggings, leg warmers, liveries, maniples, masquerade costumes, mittens, money belts, motorists' clothing, muffs, neckties, outerclothing, overalls, overcoats, drawers, paper clothing, paper hats, parkas, pelerines, pelisses, petticoats, pocket squares, pockets for clothing, ponchos, pullovers, pajamas, ready-made linings, ready-made clothing, saris, sarongs, sashes for wear, scarves, shawls, shirt yokes, shirt fronts, shirts, short-sleeve shirts, sports jerseys, ski gloves, skirts, skorts, sleep masks, slips, sock suspenders, socks, gaiters, stocking suspenders, stockings, sweat-absorbent stockings, stuff jackets, suits, suspenders, anti-sweat underwear, sweaters, teddies, tee-shirts, tights, togas, gaiter straps, trousers, underpants, underwear, uniforms, veils, vests, waterproof clothing, wet suits for water-skiing,and#65339; Footwearand#65341; bath sandals, bath slippers, beach shoes, boot uppers, boots, boots for sports, esparto shoes or sandals, fittings of metal for footwear, football shoes, footwear, footwear uppers, galoshes, gymnastic shoes, half-boots, heelpieces for footwear, heels, inner soles, lace boots, non-slipping devices for footwear, sandals, shoes, ski boots, slippers, soles for footwear, sports shoes, studs for football boots, tips for footwear, welts for footwear, wooden shoes

Case-file-statement

@attributes

Action-code
read
Version
original
Type-code
CC
Description-text
Color is not claimed as a feature of the mark.

@attributes

Action-code
read
Version
original
Type-code
DM
Description-text
The mark consists of The mark consists of the stylized wording "ELITE" with both letters "E" reversed. The word LIT is not reversed.

@attributes

Action-code
create
Version
new
Type-code
DM
Description-text
The mark consists of the stylized wording "ELITE" with both letters "E" reversed. The word LIT is not reversed. (two turned E's on each side of the word LIT. The turned letter E's are existential quantifier and stands for "There exists" and the word LIT stands for "Light" or "illumination").

Correspondence-form

Source-form
roa

Correspondence

@attributes

Action-code
read
Version
original
Type-code
c

New-address

Name
HILL, JOHN J
Street
3881 BROADWAY
City
GROVE CITY
State
Ohio (OH)
Postal-code
43123
Country-name
United States (USX)
Phone
614-348-6698
Email
jjh22103@gmail.com

@attributes

Action-code
update
Version
correction
Type-code
c

New-address

Name
Hill, John J
Street
3881 Broadway
City
GROVE CITY
State
Ohio (OH)
Postal-code
43123
Country-name
United States (USX)
Phone
614-348-6698
Email
jjh22103@gmail.com
Rpad
Y

Signature

@attributes

Action-code
create
Version
new
Esignature-type
DIRECT
Signature-type
D
Signature-entry-number
1
Signature-name
/John J Hill/
Signatory-date
20200915
Signatory-name
John J Hill
Signatory-position
Owner

@attributes

Action-code
create
Version
new
Esignature-type
DIRECT
Signature-type
R
Signature-entry-number
2
Signature-name
/John J Hill/
Signatory-date
20200915
Signatory-name
John J Hill
Signatory-position
Owner

Boilerplate

Boilerplate-type
GOODSSERVICES.1B
Boilerplate-description
Section 1b Statement
Boilerplate-text
For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.
Boilerplate-type
GOODSSERVICES.44D.RELYON44E
Boilerplate-description
RELY ON 44(E)
Boilerplate-text
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.
Boilerplate-type
SIGNATURE.ROA
Boilerplate-description
TEAS Trademark/Service Mark Declaration
Boilerplate-text

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.

Boilerplate-type
AUTHORIZATION
Boilerplate-description
applicant authorization
Boilerplate-text
The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Filing

Filing-identifier
20200915143900542811-88786387
Xml-create-date
20200915 15:26:53
Submit-date
Tue Sep 15 15:29:55 ET 2020
Teas-stamp
USPTO/ROA-65.60.135.134-20200915152955339009-88786387-7505a3485e651d1d8e44bf63050bbe606297ce49eabc8c5bf538d2042fb297dc2-N/A-N/A-20200915143900542811
Filing-description
Response to Office Action Form
Reply-email
jjh22103@gmail.com

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