Response to Office Action

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

OMB No. 0651-0050 (Exp 09/20/2020)

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

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88812670  (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8881267 0/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Retail, wholesale and online retail store services featuring recognition rings, team rings, championship rings, team jewelry, sports rings, customized pendants, dog tags, jewelry, rings, ring boxes, customized merchandise; jewelry, rings, apparel, namely, jackets, athletic wear, namely, pullovers, hoodies, t-shirts, long sleeve shirts, hats, headwear, jerseys, shorts, track pants, tights, athletic wear, compression wear, jackets, vintage apparel, athletic uniforms, socks, ring boxes, posters, trophies, glass wear, plaques, medallions, commemorative paper goods, wall graphics, duffle bags, blankets, towels, banners; providing an on-line showroom for the goods of others in the field of recognition rings, team rings, championship rings, sports rings, customized pendants, dog tags, jewelry, rings; jewelry, rings; recognition rings, team rings, sports rings; custom design and manufacture of recognition rings, team rings, championship rings, sports rings, customized pendants, dog tags, jewelry, rings; jewelry and rings for others; clothing, namely, pullovers, hoodies, t-shirts, long sleeve shirts, hats, headwear, jerseys, shorts, track pants, tights, athletic wear, compression wear, jackets, vintage apparel, athletic uniforms, socks, ; ring boxes, posters, trophies, glass wear, plaques, medallions, commemorative paper goods, wall graphics, duffle bags, blankets, towels, banners. recognition rings, team rings, championship rings, team jewelry, sports rings, customized pendants, dog tags, jewelry, rings, ring boxes, customized merchandise, jewelry, rings, apparel, namely, jackets, athletic wear, namely, pullovers, hoodies, t-shirts, long sleeve shirts, hats, headwear, jerseys, shorts, track pants, tights, athletic wear, compression wear, jackets, vintage apparel, athletic uniforms, socks, ring boxes, posters, trophies, glass wear, plaques, medallions, commemorative paper goods, wall graphics, duffle bags, blankets, towels, banners; Custom design and manufacture of jewelry and rings for others; Charitable fundraising services for the development of sports recognition programs and donation of championship rings

Applicant hereby adds the following class of goods/services to the application:
New: Class 014 (Original Class: 035 ) for Jewelry; rings; recognition rings, team rings, sports rings all being jewelry
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 07/31/2011 and first used in commerce at least as early as 07/31/2011 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Retail, wholesale and online retail store services featuring recognition rings, team rings, championship rings, team jewelry, sports rings, customized pendants, dog tags, jewelry, rings, ring boxes, customized merchandise; jewelry, rings, apparel, namely, jackets, athletic wear, namely, pullovers, hoodies, t-shirts, long sleeve shirts, hats, headwear, jerseys, shorts, track pants, tights, athletic wear, compression wear, jackets, vintage apparel, athletic uniforms, socks, ring boxes, posters, trophies, glass wear, plaques, medallions, commemorative paper goods, wall graphics, duffle bags, blankets, towels, banners; providing an on-line showroom for the goods of others in the field of recognition rings, team rings, championship rings, sports rings, customized pendants, dog tags, jewelry, rings
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 07/31/2011 and first used in commerce at least as early as 07/31/2011 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Custom manufacture of recognition rings, team rings, championship rings, sports rings, customized pendants, dog tags, jewelry, rings
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 07/31/2011 and first used in commerce at least as early as 07/31/2011 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 036 for Charitable fundraising services for the development of sports recognition programs and donation of championship rings
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 07/31/2011 and first used in commerce at least as early as 07/31/2011 , and is now in use in such commerce.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant acknowledges with appreciation that no confusingly similar marks were cited under Section 2(d). Applicant hereby adds 3 additional classes with accompanying payment. The original specimen shows services in each class. The final classes are 14, 35, 40, and 36. In view of the forgoing, all issues have been addressed, and passage to publication is kindly requested. Thank you.

Correspondence Information (current):
      JULIE A. GREENBERG
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@fishstewip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jgreenberg@fishstewip.com

The docket/reference number is 67790-6.
Correspondence Information (proposed):
      Julie A. Greenberg
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@fishstewip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jgreenberg@fishstewip.com

The docket/reference number is 67790-6.

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 $825 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: /JAG/      Date: 06/16/2020
Signatory's Name: Julie A. Greenberg
Signatory's Position: Attorney of Record, Member Michigan Bar
Signatory's Phone Number: 248.593.3350


Response Signature
Signature: /JAG/     Date: 06/16/2020
Signatory's Name: Julie A. Greenberg
Signatory's Position: Attorney of Record, Member Michigan Bar

Signatory's Phone Number: 248.593.3350

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:    JULIE A. GREENBERG
   FISHMAN STEWART PLLC
   
   800 TOWER DR. STE 610
   TROY, Michigan 48098
Mailing Address:    Julie A. Greenberg
   FISHMAN STEWART PLLC
   800 TOWER DR. STE 610
   TROY, Michigan 48098
        
RAM Sale Number: 88812670
RAM Accounting Date: 06/16/2020
        
Serial Number: 88812670
Internet Transmission Date: Tue Jun 16 17:06:36 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200616170636181207-88812670-7
10b596f1575c40aba292a02f5eb8ceddfa96c114
1556853a1615426efdd255370-CC-06340297-20
200616163751118682