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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88952869 LACOSTE(Standard Characters, see http://uspto.report/TM/88952869/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Anti-pollution masks for respiratory protection, dust masks; protective masks; respiratory masks, other than for artificial respiration
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: Anti-pollution masks for respiratory protection, dust masks; Anti-pollution masks for non-medical respiratory protection, dust masks; protective masks; protective masks for the prevention of accident or injury; respiratory masks, other than for artificial respiration; protective industrial respiratory masks, other than for artificial respirationClass 009 for Anti-pollution masks for non-medical respiratory protection, dust masks; protective masks for the prevention of accident or injury; protective industrial respiratory masks, other than for artificial respiration
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 010 for Sanitary facial masks against virus, sanitary facial masks against germs, therapeutic facial masks, facial mask for hygienic use
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: Sanitary facial masks against virus, sanitary facial masks against germs, therapeutic facial masks, facial mask for hygienic use; Sanitary facial masks for protection against virus, sanitary facial masks for protection against germs, therapeutic facial masks, sanitary facial mask for protection against viral infectionClass 010 for Sanitary facial masks for protection against virus, sanitary facial masks for protection against germs, therapeutic facial masks, sanitary facial mask for protection against viral infection
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.
Correspondence Information (current):
      CHARLES T. J. WEIGELL
      PRIMARY EMAIL FOR CORRESPONDENCE: Weigell-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LCA 2005891.
Correspondence Information (proposed):
      Charles T. J. Weigell
      PRIMARY EMAIL FOR CORRESPONDENCE: Weigell-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LCA 2005891.

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: /ctw/     Date: 10/14/2020
Signatory's Name: Charles T. J. Weigell
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212-813-8239

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:    CHARLES T. J. WEIGELL
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   151 W. 42ND STREET, 17TH FLOOR
   NEW YORK, New York 10036
Mailing Address:    Charles T. J. Weigell
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 W. 42ND STREET, 17TH FLOOR
   NEW YORK, New York 10036
        
Serial Number: 88952869
Internet Transmission Date: Wed Oct 14 11:37:13 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020101411371364
0093-88952869-75033a6be28c4d2c12b1250cd7
594d48461ffb9edc772b2351aded62ee9c6f1778
b-N/A-N/A-20201006121255429375