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. 88976578 HH HUTCH (Stylized and/or with Design, see http://uspto.report/TM/88976578/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Stuffed and plush toys; Toy basketball stand; Game glove; Quoits; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Basketballs; Baseballs; Footballs; Softballs; Bats for games; Baseball gloves; Knee guards for athletic use; Athletic sporting goods, namely, athletic wrist supports; Balls for games; Fishing equipment, namely, fishing hooks, fishing poles and fishing reels; Artificial fishing bait; Board games; Christmas trees of synthetic material; Apparatus for electronic games adapted for use with an external display screen or monitor; Swimming floats
Original Filing Basis:
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[ Taiwan application number 108037256 filed 06/12/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Stuffed and plush toys; Basketballs; Toy basketball stand; Baseballs; Game glove; Footballs; Quoits; Softballs; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Bats for games; Baseball gloves; Knee guards for athletic use; Athletic sporting goods, namely, athletic wrist supports; Balls for games; Fishing equipment, namely, fishing hooks, fishing poles and fishing reels; Artificial fishing bait; Christmas trees of synthetic material; Swimming floats; Board games; Apparatus for electronic games adapted for use with an external display screen or monitorClass 028 for Basketballs; Baseballs; Footballs; Softballs; Bats for games; Baseball gloves; Knee guards for athletic use; Athletic sporting goods, namely, athletic wrist supports; Balls for games; Fishing equipment, namely, fishing hooks, fishing poles and fishing reels; Artificial fishing bait; Christmas trees of synthetic material; Swimming floats
Deleted Filing Basis: 1(b)
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 [ Taiwan application number 108037256 filed 06/12/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Taiwan registration number 02032463 registered 01/01/2020 with a renewal date of __________ and an expiration date of 12/31/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-5023464194-122534831_._NT-14613-US_the_Taiwanese_registration_certificate.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1
Original PDF file:
FRU0-5023464194-122534831_._NT-14613-US_the_Taiwanese_registration_certificate_ENG.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1

ADDITIONAL STATEMENTS
Description of mark
The mark consists of stylized wording "HUTCH" below the stylized letters "HH".

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Laura J. Winston/     Date: 02/14/2020
Signatory's Name: Laura J. Winston
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 3475898536

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.

        
Serial Number: 88976578
Internet Transmission Date: Fri Feb 14 12:37:03 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020021412370351
3824-88976578-700cf98761f46193e77ed1670f
157d749dbcc7298d63236a7d56b699dc2bc7f760
-N/A-N/A-20200214122534831572