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. 88891209 ARC (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8889120 9/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 021 for Unworked or semi-worked glass except building glass; Kitchen utensils and storages; glass boxes, namely, glass food containers, drinking vessels, namely, stemmed glasses, tumblers, cups, bowls, shot glasses; drinking glasses; glass beverage ware; bottles, sold empty; candlesticks not of precious metal; glass candle jars, sold empty; vases; opaline glass; tableware not of precious metal, namely, plates, cups, tea services and coffee services, saucers, bowls, dishes, salad dishes, oven dishes, serving dishes, butter dishes, sugar bowls, ice cream dishes, trays, ice buckets, jugs, pitchers, salt shakers, pepper pots, beer glasses, mugs, egg-cups; works of art of porcelain, terracotta or glass; flasks not of precious metal; perfume vaporizers sold empty; ash trays
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: Unworked or semi-worked glass except building glass; Kitchen utensils and storages; kitchen utensils, namely, pot and pan scrapers, whisks, rolling pins, spatulas, strainers, turners, kitchen tongs, serving scoops and serving spoons; glass boxes, namely, glass food containers, drinking vessels, namely, stemmed glasses, tumblers, cups, bowls, shot glasses; storage containers for kitchen or household use; glass boxes, namely, glass household containers for food; glass beverage ware; drinking vessels, namely, stemmed glasses; tumblers for use as drinking glasses; cups; bowls; shot glasses; drinking glasses; tableware not of precious metal, namely, plates, cups, tea services and coffee services, saucers, bowls, dishes, salad dishes, oven dishes, serving dishes, butter dishes, sugar bowls, ice cream dishes, trays, ice buckets, jugs, pitchers, salt shakers, pepper pots, beer glasses, mugs, egg-cups; glass beverage ware in the nature of drinking glasses; works of art of porcelain, terracotta or glass; bottles, sold empty; candlesticks not of precious metal; glass candle jars, sold empty; ash trays; vases; opaline glass; tableware not of precious metal, namely, plates, cups, tea services and coffee services, saucers, bowls, dishes, salad dishes, oven dishes, serving dishes, butter dishes, sugar bowls, ice cream dishes, trays for household purposes, meal trays, ice buckets, jugs, pitchers, salt shakers, pepper pots, beer glasses, mugs, egg-cups; works of art made of porcelain, terracotta or glass; flasks not of precious metal; perfume vaporizers sold emptyClass 021 for Unworked or semi-worked glass except building glass; kitchen utensils, namely, pot and pan scrapers, whisks, rolling pins, spatulas, strainers, turners, kitchen tongs, serving scoops and serving spoons; storage containers for kitchen or household use; glass boxes, namely, glass household containers for food; drinking vessels, namely, stemmed glasses; tumblers for use as drinking glasses; cups; bowls; shot glasses; drinking glasses; glass beverage ware in the nature of drinking glasses; bottles, sold empty; candlesticks not of precious metal; glass candle jars, sold empty; vases; opaline glass; tableware not of precious metal, namely, plates, cups, tea services and coffee services, saucers, bowls, dishes, salad dishes, oven dishes, serving dishes, butter dishes, sugar bowls, ice cream dishes, trays for household purposes, meal trays, ice buckets, jugs, pitchers, salt shakers, pepper pots, beer glasses, mugs, egg-cups; works of art made of porcelain, terracotta or glass; flasks not of precious metal; perfume vaporizers sold empty
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.

Applicant proposes to amend the following:

Current:
Class 035 for Promoting awareness of sustainability issues in the housewares industry; providing information in the nature of sustainability in the housewares industry
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: Promoting awareness of sustainability issues in the housewares industry; Promoting awareness of environmental sustainability issues in the housewares industry; providing information in the nature of sustainability in the housewares industry; providing information in the nature of global sustainable business solutions in the housewares industryClass 035 for Promoting awareness of environmental sustainability issues in the housewares industry; providing information in the nature of global sustainable business solutions in the housewares industry
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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized wine glass within a tree with roots. The glass is in the color white. The tree is in the colors aqua and white with white roots. The wording ARC in the color white is displayed on the glass. The tree and wine glass are displayed inside a circle outlined in the color white and displaying white arrows. The white circle is displayed in a bigger circle in the color navy blue.
Correspondence Information (current):
      MICHELLE P. CIOTOLA
      PRIMARY EMAIL FOR CORRESPONDENCE: TM-CT@cantorcolburn.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ARH0056TUS.
Correspondence Information (proposed):
      Michelle P. Ciotola
      PRIMARY EMAIL FOR CORRESPONDENCE: TM-CT@cantorcolburn.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ARH0056TUS.

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: /Michelle P. Ciotola/     Date: 08/07/2020
Signatory's Name: Michelle P. Ciotola
Signatory's Position: Attorney of Record, CT and NY Bar Member

Signatory's Phone Number: 860.286.2929

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:    MICHELLE P. CIOTOLA
   CANTOR COLBURN LLP
   FLOOR 22
   20 CHURCH STREET
   HARTFORD, Connecticut 06103
Mailing Address:    Michelle P. Ciotola
   CANTOR COLBURN LLP
   FLOOR 22
   20 CHURCH STREET
   HARTFORD, Connecticut 06103
        
Serial Number: 88891209
Internet Transmission Date: Fri Aug 07 10:58:34 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020080710583498
3570-88891209-7404c4ccea864cfbb5b9c13c0e
dc8af538a8822e19015e431e6c2174b6314ce47-
N/A-N/A-20200807102501698223