Response to Office Action

AIRSCAPE

Casper Sleep Inc.

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88795776
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION
MARK http://uspto.report/TM/88795776/mark.png
LITERAL ELEMENT AIRSCAPE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
OWNER SECTION (current)
NAME Casper Sleep Inc.
INTERNAL ADDRESS 3 World Trade Center, 39 Floor
STREET 175 Greenwich Street
CITY New York
STATE New York
ZIP/POSTAL CODE 10007
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME Casper Sleep Inc.
INTERNAL ADDRESS 3 World Trade Center, 39 Floor
STREET 175 Greenwich Street
CITY New York
STATE New York
ZIP/POSTAL CODE 10007
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 020
DESCRIPTION
A comfort feature on a pillow or a mattress; pillows; mattresses
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 020
TRACKED TEXT DESCRIPTION
A comfort feature on a pillow or a mattress; A comfort feature on a pillow or a mattress, namely, perforated foam sold as a component of pillows and mattresses; pillows; mattresses; mattresses.
FINAL DESCRIPTION
A comfort feature on a pillow or a mattress, namely, perforated foam sold as a component of pillows and mattresses; pillows; mattresses.
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME CATHERINE M.C. FARRELLY
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE pto@fkks.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 024669.0400
CORRESPONDENCE INFORMATION (proposed)
NAME Catherine M.C. Farrelly
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE pto@fkks.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) mmcguire@fkks.com
DOCKET/REFERENCE NUMBER 024669.0400
SIGNATURE SECTION
RESPONSE SIGNATURE /Jean Voutsinas/
SIGNATORY'S NAME Jean Voutsinas
SIGNATORY'S POSITION Attorney of record, New York Bar member
SIGNATORY'S PHONE NUMBER 212-980-0120
DATE SIGNED 06/10/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jun 10 13:49:24 ET 2020
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20200610134924755909-8879
5776-71045c83641e02a4787a
7b29776aceca41da82cfaffb8
5a543587273836e191b-N/A-N
/A-20200610120312159816



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. 88795776 AIRSCAPE(Standard Characters, see http://uspto.report/TM/88795776/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 020 for A comfort feature on a pillow or a mattress; pillows; mattresses
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: A comfort feature on a pillow or a mattress; A comfort feature on a pillow or a mattress, namely, perforated foam sold as a component of pillows and mattresses; pillows; mattresses; mattresses.Class 020 for A comfort feature on a pillow or a mattress, namely, perforated foam sold as a component of pillows and mattresses; pillows; mattresses.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Casper Sleep Inc., a corporation of Delaware, having an address of

            3 World Trade Center, 39 Floor      175 Greenwich Street
      New York, New York 10007
      United States

Proposed: Casper Sleep Inc., a corporation of Delaware, having an address of
      3 World Trade Center, 39 Floor
      175 Greenwich Street
      New York, New York 10007
      United States
      Email Address: XXXX
Correspondence Information (current):
      CATHERINE M.C. FARRELLY
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@fkks.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 024669.0400.
Correspondence Information (proposed):
      Catherine M.C. Farrelly
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@fkks.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmcguire@fkks.com

The docket/reference number is 024669.0400.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Jean Voutsinas/     Date: 06/10/2020
Signatory's Name: Jean Voutsinas
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212-980-0120

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:    CATHERINE M.C. FARRELLY
   FRANKFURT KURNIT KLEIN & SELZ PC
   
   28 LIBERTY STREET
   NEW YORK, New York 10005
Mailing Address:    Catherine M.C. Farrelly
   FRANKFURT KURNIT KLEIN & SELZ PC
   28 LIBERTY STREET
   NEW YORK, New York 10005
        
Serial Number: 88795776
Internet Transmission Date: Wed Jun 10 13:49:24 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202006101349247
55909-88795776-71045c83641e02a4787a7b297
76aceca41da82cfaffb85a543587273836e191b-
N/A-N/A-20200610120312159816



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