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. 88832746 DWELL SIX(Standard Characters, see http://uspto.report/TM/88832746/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 021 for Housewares items including bedding, cookware, bakeware, kitchen accessories, small appliances, barbeque tools and accessories. It is not to limited to this, we are continually creating new pieces to add to our brand
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2019 and first used in commerce at least as early as 06/01/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Housewares items including bedding, cookware, bakeware, kitchen accessories, small appliances, barbeque tools and accessories. It is not to limited to this, we are continually creating new pieces to add to our brand; Housewares items including bedding, cookware, kitchen accessories, barbeque tools and accessories. It is not to limited to this, we are continually creating new pieces to add to our brand.Class 021 for Housewares items including bedding, cookware, kitchen accessories, barbeque tools and accessories. It is not to limited to this, we are continually creating new pieces to add to our brand.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2019 and first used in commerce at least as early as 06/01/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021. The specimen(s) submitted consists of The specimen shows our Dwell Six Logo on one of our products.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-2600170055a04f806490 bc4ab73e6973-202009031854 14239212_._Specimen.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Correspondence Information (current):
      LOYALTY & INCENTIVE MERCHANDISE IMPORTS
      PRIMARY EMAIL FOR CORRESPONDENCE: anita@markitsmart.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): notifications@trademarkengine.com
Correspondence Information (proposed):
      Loyalty & Incentive Merchandise Imports
      PRIMARY EMAIL FOR CORRESPONDENCE: anita@markitsmart.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): notifications@trademarkengine.com

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)
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: /Mark Ditteaux/      Date: 09/04/2020
Signatory's Name: Mark Ditteaux
Signatory's Position: President
Signatory's Phone Number: 7146736400


Response Signature
Signature: /Mark Ditteaux/     Date: 09/17/2020
Signatory's Name: Mark Ditteaux
Signatory's Position: President

Signatory's Phone Number: 7146736400

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.

Mailing Address:    LOYALTY & INCENTIVE MERCHANDISE IMPORTS
   LOYALTY & INCENTIVE MERCHANDISE IMPORTS
   
   128 E. DYER RD SUITE A
   SANTA ANA, California 92707
Mailing Address:    Loyalty & Incentive Merchandise Imports
   128 E. Dyer Rd Suite A
   Santa Ana, California 92707
        
Serial Number: 88832746
Internet Transmission Date: Thu Sep 17 15:20:03 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200917152003977793-88832746-
7509761af729ff886e66d9f42553786158fa1854
8eaaca43e17dbbb05555bd7-N/A-N/A-20200903
185414239212