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 09/30/2020)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88880967
LAW OFFICE ASSIGNEDLAW OFFICE 103
MARK SECTION
MARK mark
LITERAL ELEMENT MARMALADE
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 JAM Industries, Ltd.
MAILING ADDRESS 21000 Transcanadienne
CITY Baie D'Ufré, QC
ZIP/POSTAL CODE H9X4B7
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Canada
EMAIL XXXX
OWNER SECTION (proposed)
NAME JAM Industries, Ltd.
MAILING ADDRESS 21000 Transcanadienne
CITY Baie D'Ufré, QC
ZIP/POSTAL CODE H9X4B7
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Canada
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPE limited company (ltd.)
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY WHERE LEGALLY ORGANIZED Canada
LEGAL ENTITY SECTION (proposed)
TYPEcorporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Canada
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS035
DESCRIPTION
Online sale of audio equipment and musical instruments; Retail sale of audio equipment and musical instruments; Distribution of audio equipment and musical instruments
FILING BASISSection 1(b)
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 2022442
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORYCanada
        FOREIGN FILING DATE 04/14/2020
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS035
TRACKED TEXT DESCRIPTION
Online sale of audio equipment and musical instruments; Online retail store services featuring audio equipment and musical instruments; Retail sale of audio equipment and musical instruments; Retail store services featuring audio equipment and musical instruments; Distribution of audio equipment and musical instruments; Distributorship services in the field of audio equipment and musical instruments
FINAL DESCRIPTION
Online retail store services featuring audio equipment and musical instruments; Retail store services featuring audio equipment and musical instruments; Distributorship services in the field of audio equipment and musical instruments
FILING BASISSection 1(b)
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER2022442
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORYCanada
       FOREIGN FILING DATE04/14/2020
       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
MISCELLANEOUS STATEMENT Applicant currently intends to continue to rely on Section 44 and Section 1(b) as a basis for registration. The underlying Canadian Registration has not yet issued. Applicant will provide the Office with a true copy of the foreign registration on issuance.
CORRESPONDENCE INFORMATION (current)
NAMESUSAN NEUBERGER WELLER
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEsnweller@mintz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)jddib@mintz.com; acromanini@mintz.com; IPDocketingBOS@mintz.com; Mintzdocketing@cpaglobal.com
DOCKET/REFERENCE NUMBER054497408T01
CORRESPONDENCE INFORMATION (proposed)
NAMESusan Neuberger Weller
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEsnweller@mintz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)jddib@mintz.com; acromanini@mintz.com; IPDocketingBOS@mintz.com; Mintzdocketing@cpaglobal.com
DOCKET/REFERENCE NUMBER054497408T01
SIGNATURE SECTION
RESPONSE SIGNATURE/Susan Neuberger Weller/
SIGNATORY'S NAME Susan Neuberger Weller
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 202-585-3510
DATE SIGNED 11/18/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 18 11:00:25 ET 2020
TEAS STAMP USPTO/ROA-XXXX:XXX:XXXX:X
XXX:XXXX:XXXX:XXXX:XXXX-2
0201118110025057166-88880
967-7506516b89035c8fbd4d0
64dfbc403016f7fcb7dfdfc37
c37f98094fac8864842-N/A-N
/A-20201118104446363231


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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88880967 MARMALADE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88880967/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Online sale of audio equipment and musical instruments; Retail sale of audio equipment and musical instruments; Distribution of audio equipment and musical instruments
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.

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[ Canada application number 2022442 filed 04/14/2020]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Online sale of audio equipment and musical instruments; Online retail store services featuring audio equipment and musical instruments; Retail sale of audio equipment and musical instruments; Retail store services featuring audio equipment and musical instruments; Distribution of audio equipment and musical instruments; Distributorship services in the field of audio equipment and musical instruments

Class 035 for Online retail store services featuring audio equipment and musical instruments; Retail store services featuring audio equipment and musical instruments; Distributorship services in the field of audio equipment and musical instruments
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.

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 [ Canada application number 2022442 filed 04/14/2020]. 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: JAM Industries, Ltd. a(n) limited company (ltd.), legally organized under the laws of Canada, having an address of
      21000 Transcanadienne
      Baie D'Ufré, QC, H9X4B7
      Canada
      Email Address: XXXX

Proposed: JAM Industries, Ltd., a corporation of Canada, having an address of
      21000 Transcanadienne
      Baie D'Ufré, QC, H9X4B7
      Canada
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant currently intends to continue to rely on Section 44 and Section 1(b) as a basis for registration. The underlying Canadian Registration has not yet issued. Applicant will provide the Office with a true copy of the foreign registration on issuance.

Correspondence Information (current):
      SUSAN NEUBERGER WELLER
      PRIMARY EMAIL FOR CORRESPONDENCE: snweller@mintz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jddib@mintz.com; acromanini@mintz.com; IPDocketingBOS@mintz.com; Mintzdocketing@cpaglobal.com

The docket/reference number is 054497408T01.

Correspondence Information (proposed):
      Susan Neuberger Weller
      PRIMARY EMAIL FOR CORRESPONDENCE: snweller@mintz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jddib@mintz.com; acromanini@mintz.com; IPDocketingBOS@mintz.com; Mintzdocketing@cpaglobal.com

The docket/reference number is 054497408T01.

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: /Susan Neuberger Weller/     Date: 11/18/2020
Signatory's Name: Susan Neuberger Weller
Signatory's Position: Attorney of record

Signatory's Phone Number: 202-585-3510

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:    SUSAN NEUBERGER WELLER
   MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C
   SUITE 900, 701 PENNSYLVANIA AVENUE, N.W.
   SUITE 900
   WASHINGTON, District of Columbia 22207
Mailing Address:    Susan Neuberger Weller
   MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C
   SUITE 900, 701 PENNSYLVANIA AVENUE, N.W.
   SUITE 900
   WASHINGTON, District of Columbia 22207
        
Serial Number: 88880967
Internet Transmission Date: Wed Nov 18 11:00:25 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20201118110025057166-88880967-7
506516b89035c8fbd4d064dfbc403016f7fcb7df
dfc37c37f98094fac8864842-N/A-N/A-2020111
8104446363231