Response to Office Action

CDG

Comme des Garcons Co., Ltd.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88081415
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK FILE NAME http://tmng-al.gov.uspto.report/resting2/api/img/88081415/large
LITERAL ELEMENT CDG
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the capital letters CDG in stylized font.
ARGUMENT(S)
Please see the actual text of the arguments attached in the Evidence section of this response.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_20887234202-20190402140924827591_._Arguments_for_regusal_to_register_CDG_in_Class_25.pdf
       CONVERTED PDF FILE(S)
       (8 pages)
\\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA2.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA3.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA4.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA5.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA6.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA7.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA8.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA9.JPG
DESCRIPTION OF EVIDENCE FILE Applicant's arguments in support of registration of CDG in Class 25
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Personal digital assistants in the shape of a watch; smartphones; smartphone accessories, namely, smartphone straps, smartphone cases, smartphone covers, smartphone holsters, smartphone stands, smartphone sleeves, smartphone bags; personal computer and notebook computer accessories, namely, personal computer and notebook computer straps, personal computer and notebook computer cases, personal computer and notebook computer covers, personal computer and notebook computer holsters, personal computer and notebook computer stands, personal computer and notebook computer sleeves and personal computer and notebook computer bags; tablet computer accessories, namely, tablet computer straps, tablet computer cases, tablet computer covers, tablet computer holsters, tablet computer stands, tablet computer sleeves, and tablet computer bags; keyboard covers, namely, keyboard dust covers; headphones; earphones; ear plugs for swimmers; ear plugs for divers; binoculars; temperature indicators; telecommunication machines and apparatus; electronic machines apparatus and their parts; decorative magnets; hourglasses; Eye glasses and goggles; sunglasses; contact lenses
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 04/10/2018
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Personal digital assistants in the shape of a watch; smartphones; smartphone accessories, namely, smartphone straps, smartphone cases, smartphone covers, smartphone holsters, smartphone stands, smartphone sleeves, smartphone bags; smartphone accessories, namely, smartphone straps, smartphone cases, smartphone covers, specialty holsters adapted for carrying smartphones, stands adapted for smartphones, smartphone sleeves, bags specially adapted for carrying smartphones; personal computer and notebook computer accessories, namely, personal computer and notebook computer straps, personal computer and notebook computer cases, personal computer and notebook computer covers, personal computer and notebook computer holsters, personal computer and notebook computer stands, personal computer and notebook computer sleeves and personal computer and notebook computer bags; personal computer and notebook computer accessories, namely, personal computer and notebook computer straps, personal computer and notebook computer cases, personal computer and notebook computer covers, specialty holsters adapted for carrying personal computer and notebook computer stands adapted for personal computer and notebook computer stands, personal computer and notebook computer sleeves and personal computer and notebook computer bags; tablet computer accessories, namely, tablet computer straps, tablet computer cases, tablet computer covers, tablet computer holsters, tablet computer stands, tablet computer sleeves, and tablet computer bags; tablet computer accessories, namely, tablet computer straps, tablet computer cases, tablet computer covers, specialty holsters adapted for carrying tablet computer, stands adapted for tablet computer, tablet computer sleeves, and tablet computer bags; keyboard covers, namely, keyboard dust covers; headphones; earphones; ear plugs for swimmers; ear plugs for divers; binoculars; temperature indicators; telecommunication machines and apparatus; telecommunication apparatus, namely, facsimile machines, television receivers, radio receivers, ic recorders, compact disc players, record players, DVD players, digital cameras, earphones, loud speakers, headphones; electronic machines apparatus and their parts; electronic apparatus and their replacement and structural parts, namely, computers, electronic desk calculators, electronic dictionaries; decorative magnets; hourglasses; Eye glasses and goggles; sunglasses; contact lenses
FINAL DESCRIPTION
Personal digital assistants in the shape of a watch; smartphones; smartphone accessories, namely, smartphone straps, smartphone cases, smartphone covers, specialty holsters adapted for carrying smartphones, stands adapted for smartphones, smartphone sleeves, bags specially adapted for carrying smartphones; personal computer and notebook computer accessories, namely, personal computer and notebook computer straps, personal computer and notebook computer cases, personal computer and notebook computer covers, specialty holsters adapted for carrying personal computer and notebook computer stands adapted for personal computer and notebook computer stands, personal computer and notebook computer sleeves and personal computer and notebook computer bags; tablet computer accessories, namely, tablet computer straps, tablet computer cases, tablet computer covers, specialty holsters adapted for carrying tablet computer, stands adapted for tablet computer, tablet computer sleeves, and tablet computer bags; keyboard covers, namely, keyboard dust covers; headphones; earphones; ear plugs for swimmers; ear plugs for divers; binoculars; temperature indicators; telecommunication apparatus, namely, facsimile machines, television receivers, radio receivers, ic recorders, compact disc players, record players, DVD players, digital cameras, earphones, loud speakers, headphones; electronic apparatus and their replacement and structural parts, namely, computers, electronic desk calculators, electronic dictionaries; decorative magnets; hourglasses; Eye glasses and goggles; sunglasses; contact lenses
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 04/10/2018
       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)
       FOREIGN REGISTRATION NUMBER 6122769
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
02/15/2019
       FOREIGN EXPIRATION DATE 02/15/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU0-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA10.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA11.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA12.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA13.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA14.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (014)(current)
INTERNATIONAL CLASS 014
DESCRIPTION
Precious metals; unwrought and semi-wrought precious stones and their imitations; jewellery cases; key rings; trophies; personal ornaments, namely, badges of precious metal, necklaces, chokers, bracelets, pendants, rings, earrings, necktie pins, cufflinks, brooches, lockets, rosaries, chains; watches; clocks; pocket watches; shoe ornaments of precious metal
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 04/10/2018
GOODS AND/OR SERVICES SECTION (014)(proposed)
INTERNATIONAL CLASS 014
TRACKED TEXT DESCRIPTION
Precious metals; unwrought and semi-wrought precious stones and their imitations; jewellery cases; key rings; trophies; trophies of precious metal; personal ornaments, namely, badges of precious metal, necklaces, chokers, bracelets, pendants, rings, earrings, necktie pins, cufflinks, brooches, lockets, rosaries, chains; personal ornaments, namely, badges of precious metal, necklaces, chokers, bracelets, pendants, rings, earrings, necktie pins, cufflinks, brooches, lockets, rosaries, jewelry chains; watches; clocks; pocket watches; shoe ornaments of precious metal; shoe ornaments of precious metal in the nature of jewelry
FINAL DESCRIPTION
Precious metals; unwrought and semi-wrought precious stones and their imitations; jewellery cases; key rings; trophies of precious metal; personal ornaments, namely, badges of precious metal, necklaces, chokers, bracelets, pendants, rings, earrings, necktie pins, cufflinks, brooches, lockets, rosaries, jewelry chains; watches; clocks; pocket watches; shoe ornaments of precious metal in the nature of jewelry
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 04/10/2018
       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)
       FOREIGN REGISTRATION NUMBER 6122769
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
02/15/2019
       FOREIGN EXPIRATION DATE 02/15/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU1-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA15.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA16.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA17.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA18.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA19.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (018)(current)
INTERNATIONAL CLASS 018
DESCRIPTION
Folding briefcases; shoulder bags; Gladstone bags; briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; schoolchildren's backpacks; backpacks; rucksacks; card cases; shopping bags; wheeled shopping bags; purses (not of precious metal); key cases; wallets (not of precious metal); commuter's-pass holders; business card cases; vanity cases (not fitted); umbrellas and their parts; industrial packaging containers of leather; clothing for domestic pets; walking sticks; canes
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 04/10/2018
GOODS AND/OR SERVICES SECTION (018)(proposed)
INTERNATIONAL CLASS 018
TRACKED TEXT DESCRIPTION
Folding briefcases; shoulder bags; Gladstone bags; briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; schoolchildren's backpacks; backpacks; rucksacks; card cases; credit card cases; shopping bags; reusable shopping bags; wheeled shopping bags; purses (not of precious metal); purses, not of precious metal; key cases; wallets (not of precious metal); wallets, not of precious metal; commuter's-pass holders; commuter's-pass holders namely, a case or holder for commuter passes; business card cases; vanity cases (not fitted); vanity cases, not fitted; umbrellas and their parts; industrial packaging containers of leather; clothing for domestic pets; walking sticks; canes
FINAL DESCRIPTION
Folding briefcases; shoulder bags; Gladstone bags; briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; schoolchildren's backpacks; backpacks; rucksacks; credit card cases; reusable shopping bags; wheeled shopping bags; purses, not of precious metal; key cases; wallets, not of precious metal; commuter's-pass holders namely, a case or holder for commuter passes; business card cases; vanity cases, not fitted; umbrellas and their parts; industrial packaging containers of leather; clothing for domestic pets; walking sticks; canes
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 04/10/2018
       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)
       FOREIGN REGISTRATION NUMBER 6122769
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
02/15/2019
       FOREIGN EXPIRATION DATE 02/15/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU2-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA20.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA21.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA22.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA23.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA24.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (024)(current)
INTERNATIONAL CLASS 024
DESCRIPTION
Personal articles of woven textile, namely, towels and handkerchief; mosquito nets; bedsheets; futon and quilts; futon and quilts cases (linen); futon ticks (unstuffed futon); pillowcases (pillow slips); blankets; woven fabrics (other than edding ribbons for tatami mats); knitted fabrics; felt and non-woven textile fabrics; oilcloths; gummed waterproof cloths; vinyl coated cloths; rubberized cloths; leather cloths; filtering materials of textile; table napkins of textile; dish cloths; shower curtains; banners and flags (not of paper); toilet seat covers of textile; chair covers of textile; wall hangings of textile; curtains; table cloths (not of paper); draperies (thick drop curtains); shrouds (sheets for wrapping corpses); Japanese cloth screens with black-and-white stripes (Kuroshiro-maku); Japanese cloth screens with red-and-white stripes (Kohaku-maku); billiard cloth (baize)
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 04/10/2018
GOODS AND/OR SERVICES SECTION (024)(proposed)
INTERNATIONAL CLASS 024
TRACKED TEXT DESCRIPTION
Personal articles of woven textile, namely, towels and handkerchief; mosquito nets; bedsheets; futon and quilts; quilts; futon and quilts cases (linen); fitted and unfitted linen futon and quilts covers; futon ticks (unstuffed futon); unstuffed futon ticks, namely, unstuffed futon covers not of paper; pillowcases (pillow slips); pillowcases; blankets; throw blankets; woven fabrics (other than edding ribbons for tatami mats); bed blankets; children's blankets; baby blankets; oilcloths; pet blankets; blankets for outdoor use; vinyl coated cloths; travelling blankets; cashmere blankets; leather cloths; woolen blankets; filtering materials of textile; silk blankets; woven fabrics, other than edding ribbons for tatami mats; knitted fabrics; felt and non-woven textile fabrics; banners and flags (not of paper); oil cloths; toilet seat covers of textile; gummed waterproof cloths; chair covers of textile; vinyl coated cloths for use in the manufacture of furniture covers; rubberized cloths; leather cloths for use in the manufacture of furniture covers; table cloths (not of paper); filtering materials of textile, namely, cheese cloth; draperies (thick drop curtains); table napkins of textile; shrouds (sheets for wrapping corpses); dish cloths; Japanese cloth screens with black-and-white stripes (Kuroshiro-maku); shower curtains; Japanese cloth screens with red-and-white stripes (Kohaku-maku); textile banners and flags, not of paper; billiard cloth (baize); fitted toilet seat covers of textile; fitted chair covers of textile, excluding high chars; wall hangings of textile; curtains; table cloths, not of paper; draperies in the nature of thick drop curtains; shrouds; Japanese cloth screens in the nature of curtains with black-and-white stripes (Kuroshiro-maku); Japanese cloth screens in the nature of curtains with red-and-white stripes (Kohaku-maku); billiard cloth, namely, baize
FINAL DESCRIPTION
Personal articles of woven textile, namely, towels and handkerchief; mosquito nets; bedsheets; quilts; fitted and unfitted linen futon and quilts covers; unstuffed futon ticks, namely, unstuffed futon covers not of paper; pillowcases; throw blankets; bed blankets; children's blankets; baby blankets; pet blankets; blankets for outdoor use; travelling blankets; cashmere blankets; woolen blankets; silk blankets; woven fabrics, other than edding ribbons for tatami mats; knitted fabrics; felt and non-woven textile fabrics; oil cloths; gummed waterproof cloths; vinyl coated cloths for use in the manufacture of furniture covers; rubberized cloths; leather cloths for use in the manufacture of furniture covers; filtering materials of textile, namely, cheese cloth; table napkins of textile; dish cloths; shower curtains; textile banners and flags, not of paper; fitted toilet seat covers of textile; fitted chair covers of textile, excluding high chars; wall hangings of textile; curtains; table cloths, not of paper; draperies in the nature of thick drop curtains; shrouds; Japanese cloth screens in the nature of curtains with black-and-white stripes (Kuroshiro-maku); Japanese cloth screens in the nature of curtains with red-and-white stripes (Kohaku-maku); billiard cloth, namely, baize
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 04/10/2018
       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)
       FOREIGN REGISTRATION NUMBER 6122769
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
02/15/2019
       FOREIGN EXPIRATION DATE 02/15/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU3-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA25.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA26.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA27.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA28.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA29.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Clothing, namely, one-piece dresses, jackets, suits, vests, coats, sweat shirts, trousers and pants, shirts, blouses, dresses, skirts, T-shirts, nightwear, underwear, evening gowns, sweaters, cardigans, overalls, garters, belts, waistbands, suspenders, neckties, scarves, hosiery; shoes; athletic shoes; overshoes; hats and caps; gloves; swimwear; boots; masquerade costumes; clothing of leather
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 04/10/2018
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
TRACKED TEXT DESCRIPTION
Clothing, namely, one-piece dresses, jackets, suits, vests, coats, sweat shirts, trousers and pants, shirts, blouses, dresses, skirts, T-shirts, nightwear, underwear, evening gowns, sweaters, cardigans, overalls, garters, belts, waistbands, suspenders, neckties, scarves, hosiery; Clothing, namely, one-piece dresses, jackets, suits, vests, coats, sweat shirts, trousers and pants, shirts, blouses, dresses, skirts, T-shirts, nightwear, underwear, evening gowns, sweaters, cardigans, overalls, garters, belts, waistbands, suspenders, neckties, scarves, hosiery, shoes, athletic shoes, overshoes, hats and caps being headwear, gloves, swimwear, boots; shoes; masquerade costumes; athletic shoes; clothing of leather, namely, leather pants, leather skirts, leather coats, leather jackets, leather dresses, leather vests, leather gloves and headgear of leather; overshoes; hats and caps; gloves; swimwear; boots; clothing of leather
FINAL DESCRIPTION
Clothing, namely, one-piece dresses, jackets, suits, vests, coats, sweat shirts, trousers and pants, shirts, blouses, dresses, skirts, T-shirts, nightwear, underwear, evening gowns, sweaters, cardigans, overalls, garters, belts, waistbands, suspenders, neckties, scarves, hosiery, shoes, athletic shoes, overshoes, hats and caps being headwear, gloves, swimwear, boots; masquerade costumes; clothing of leather, namely, leather pants, leather skirts, leather coats, leather jackets, leather dresses, leather vests, leather gloves and headgear of leather
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 04/10/2018
       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)
       FOREIGN REGISTRATION NUMBER 6122769
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
02/15/2019
       FOREIGN EXPIRATION DATE 02/15/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU4-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA30.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA31.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA32.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA33.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA34.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (026)(current)
INTERNATIONAL CLASS 026
DESCRIPTION
Insignias for wear, not of precious metal; badges for wear, not of precious metal; buckles for clothing; brooches for clothing; special sash clips for obi; bonnet pins, not of precious metal; ornamental adhesive patches for jackets; brassards; electric hair curlers; eyelets for clothing; tapes; ribbons; knitted raschel lace fabrics; embroidery lace fabrics; tufts and tassels; braids; knitting sticks; needle threaders; sewing boxes; dressmakers' impressing blades; sewing thimbles; pin and needle cushions; boxes for needles; artificial flowers; armbands for holding sleeves; buttons and the like; false beards; false moustaches; hair curlers (non-electric); shoe ornaments, not of precious metals; shoe eyelets; shoe laces; metal fasteners for shoes and boots; human hair
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 04/10/2018
GOODS AND/OR SERVICES SECTION (026)(proposed)
INTERNATIONAL CLASS 026
TRACKED TEXT DESCRIPTION
Insignias for wear, not of precious metal; Insignias for wear, not of precious metal, namely, ornamental cloth patches; badges for wear, not of precious metal; ornamental novelty badges for wear, not of precious metal; buckles for clothing; brooches for clothing; special sash clips for obi; bonnet pins, not of precious metal; ornamental adhesive patches for jackets; brassards; electric hair curlers; electric hair curlers, other than hand implements; eyelets for clothing; tapes; tapes for affixing wigs; ribbons; haberdashery ribbons; knitted raschel lace fabrics; haberdashery, namely, knitted raschel lace; embroidery lace fabrics; haberdashery, namely, embroidery lace; tufts and tassels; tufts of lace trimming and tassels; braids; knitting sticks; needle threaders; sewing boxes; dressmakers' impressing blades; dressmakers' impressing blades, namely, a spatula shaped sewing tool used for impressing, marking and creasing on fabric; sewing thimbles; pin and needle cushions; boxes for needles; artificial flowers; armbands for holding sleeves; expanding armbands for holding sleeves; buttons and the like; buttons; beads for handicraft work; slide fasteners; hair curlers (non-electric); snap fasteners; shoe ornaments, not of precious metals; false beards; false moustaches; non-electric hair curlers, other than hand implements; shoe trimmings, not of precious metals; shoe eyelets; shoe laces; metal fasteners for shoes and boots; human hair
FINAL DESCRIPTION
Insignias for wear, not of precious metal, namely, ornamental cloth patches; ornamental novelty badges for wear, not of precious metal; buckles for clothing; brooches for clothing; special sash clips for obi; bonnet pins, not of precious metal; ornamental adhesive patches for jackets; brassards; electric hair curlers, other than hand implements; eyelets for clothing; tapes for affixing wigs; haberdashery ribbons; haberdashery, namely, knitted raschel lace; haberdashery, namely, embroidery lace; tufts of lace trimming and tassels; braids; knitting sticks; needle threaders; sewing boxes; dressmakers' impressing blades, namely, a spatula shaped sewing tool used for impressing, marking and creasing on fabric; sewing thimbles; pin and needle cushions; boxes for needles; artificial flowers; expanding armbands for holding sleeves; buttons; beads for handicraft work; slide fasteners; snap fasteners; false beards; false moustaches; non-electric hair curlers, other than hand implements; shoe trimmings, not of precious metals; shoe eyelets; shoe laces; metal fasteners for shoes and boots; human hair
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-44960
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 04/10/2018
       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)
       FOREIGN REGISTRATION NUMBER 6122769
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
02/15/2019
       FOREIGN EXPIRATION DATE 02/15/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU5-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA35.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA36.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA37.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA38.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA39.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT As requested by the Examiner, Applicant has amended the description of goods to clarify them with specificity. In addition, Applicant submits Japanese Reg. No. 6122769 for the mark CDG along with an English translation to support the basis of registration in the subject application. Applicant also submits an executed Declaration to complete the application. Finally, Applicant submits arguments in support of registration of the mark in Class 25. Based on the foregoing, it is respectfully submitted that the application is now in order for publication. Applicant wishes to bring to the attention of the Examiner that there appears to be an error regarding the bases of the goods in Class 9. The goods "eye glasses and goggles; sunglasses; contact lenses" are based on Applicant's Japanese registration. The remaining goods in Class 9 are based solely on intention to use under 1(b). Applicant requests that the Trademark Office database records be amended to properly reflect the correct bases for the goods in Class 9 as set forth in the application as filed.
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_20887234202-140924827_._Declaration_for_CDG__STYLIZED_signed_dated.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\889\777\88977799\LM2Copy\88081415\1\ROA7\ROA40.JPG
SIGNATORY'S NAME Rei Kawakubo
SIGNATORY'S POSITION Representative Director and President
RESPONSE SIGNATURE /Ilene B. Tannen/
SIGNATORY'S NAME Ilene B. Tannen
SIGNATORY'S POSITION Attorney of Record, New York Bar Member
DATE SIGNED 04/05/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Apr 05 10:40:21 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20190405104021331940-8808
1415-620857659a36213b9d1e
6f3fddb1277ef258e6c927cb4
d36886ab5bf3fb768c-N/A-N/
A-20190405103540763874



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. 88081415 CDG (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88081415/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual text of the arguments attached in the Evidence section of this response.

EVIDENCE
Evidence in the nature of Applicant's arguments in support of registration of CDG in Class 25 has been attached.
Original PDF file:
evi_20887234202-20190402140924827591_._Arguments_for_regusal_to_register_CDG_in_Class_25.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Personal digital assistants in the shape of a watch; smartphones; smartphone accessories, namely, smartphone straps, smartphone cases, smartphone covers, smartphone holsters, smartphone stands, smartphone sleeves, smartphone bags; personal computer and notebook computer accessories, namely, personal computer and notebook computer straps, personal computer and notebook computer cases, personal computer and notebook computer covers, personal computer and notebook computer holsters, personal computer and notebook computer stands, personal computer and notebook computer sleeves and personal computer and notebook computer bags; tablet computer accessories, namely, tablet computer straps, tablet computer cases, tablet computer covers, tablet computer holsters, tablet computer stands, tablet computer sleeves, and tablet computer bags; keyboard covers, namely, keyboard dust covers; headphones; earphones; ear plugs for swimmers; ear plugs for divers; binoculars; temperature indicators; telecommunication machines and apparatus; electronic machines apparatus and their parts; decorative magnets; hourglasses; Eye glasses and goggles; sunglasses; contact lenses
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[ Japan application number 2018-44960 filed 04/10/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Personal digital assistants in the shape of a watch; smartphones; smartphone accessories, namely, smartphone straps, smartphone cases, smartphone covers, smartphone holsters, smartphone stands, smartphone sleeves, smartphone bags; smartphone accessories, namely, smartphone straps, smartphone cases, smartphone covers, specialty holsters adapted for carrying smartphones, stands adapted for smartphones, smartphone sleeves, bags specially adapted for carrying smartphones; personal computer and notebook computer accessories, namely, personal computer and notebook computer straps, personal computer and notebook computer cases, personal computer and notebook computer covers, personal computer and notebook computer holsters, personal computer and notebook computer stands, personal computer and notebook computer sleeves and personal computer and notebook computer bags; personal computer and notebook computer accessories, namely, personal computer and notebook computer straps, personal computer and notebook computer cases, personal computer and notebook computer covers, specialty holsters adapted for carrying personal computer and notebook computer stands adapted for personal computer and notebook computer stands, personal computer and notebook computer sleeves and personal computer and notebook computer bags; tablet computer accessories, namely, tablet computer straps, tablet computer cases, tablet computer covers, tablet computer holsters, tablet computer stands, tablet computer sleeves, and tablet computer bags; tablet computer accessories, namely, tablet computer straps, tablet computer cases, tablet computer covers, specialty holsters adapted for carrying tablet computer, stands adapted for tablet computer, tablet computer sleeves, and tablet computer bags; keyboard covers, namely, keyboard dust covers; headphones; earphones; ear plugs for swimmers; ear plugs for divers; binoculars; temperature indicators; telecommunication machines and apparatus; telecommunication apparatus, namely, facsimile machines, television receivers, radio receivers, ic recorders, compact disc players, record players, DVD players, digital cameras, earphones, loud speakers, headphones; electronic machines apparatus and their parts; electronic apparatus and their replacement and structural parts, namely, computers, electronic desk calculators, electronic dictionaries; decorative magnets; hourglasses; Eye glasses and goggles; sunglasses; contact lensesClass 009 for Personal digital assistants in the shape of a watch; smartphones; smartphone accessories, namely, smartphone straps, smartphone cases, smartphone covers, specialty holsters adapted for carrying smartphones, stands adapted for smartphones, smartphone sleeves, bags specially adapted for carrying smartphones; personal computer and notebook computer accessories, namely, personal computer and notebook computer straps, personal computer and notebook computer cases, personal computer and notebook computer covers, specialty holsters adapted for carrying personal computer and notebook computer stands adapted for personal computer and notebook computer stands, personal computer and notebook computer sleeves and personal computer and notebook computer bags; tablet computer accessories, namely, tablet computer straps, tablet computer cases, tablet computer covers, specialty holsters adapted for carrying tablet computer, stands adapted for tablet computer, tablet computer sleeves, and tablet computer bags; keyboard covers, namely, keyboard dust covers; headphones; earphones; ear plugs for swimmers; ear plugs for divers; binoculars; temperature indicators; telecommunication apparatus, namely, facsimile machines, television receivers, radio receivers, ic recorders, compact disc players, record players, DVD players, digital cameras, earphones, loud speakers, headphones; electronic apparatus and their replacement and structural parts, namely, computers, electronic desk calculators, electronic dictionaries; decorative magnets; hourglasses; Eye glasses and goggles; sunglasses; contact lenses
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 [ Japan application number 2018-44960 filed 04/10/2018]. 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 [ Japan registration number 6122769 registered 02/15/2019 with a renewal date of __________ and an expiration date of 02/15/2029 ], 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:
FRU0-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Precious metals; unwrought and semi-wrought precious stones and their imitations; jewellery cases; key rings; trophies; personal ornaments, namely, badges of precious metal, necklaces, chokers, bracelets, pendants, rings, earrings, necktie pins, cufflinks, brooches, lockets, rosaries, chains; watches; clocks; pocket watches; shoe ornaments of precious metal
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[ Japan application number 2018-44960 filed 04/10/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Precious metals; unwrought and semi-wrought precious stones and their imitations; jewellery cases; key rings; trophies; trophies of precious metal; personal ornaments, namely, badges of precious metal, necklaces, chokers, bracelets, pendants, rings, earrings, necktie pins, cufflinks, brooches, lockets, rosaries, chains; personal ornaments, namely, badges of precious metal, necklaces, chokers, bracelets, pendants, rings, earrings, necktie pins, cufflinks, brooches, lockets, rosaries, jewelry chains; watches; clocks; pocket watches; shoe ornaments of precious metal; shoe ornaments of precious metal in the nature of jewelryClass 014 for Precious metals; unwrought and semi-wrought precious stones and their imitations; jewellery cases; key rings; trophies of precious metal; personal ornaments, namely, badges of precious metal, necklaces, chokers, bracelets, pendants, rings, earrings, necktie pins, cufflinks, brooches, lockets, rosaries, jewelry chains; watches; clocks; pocket watches; shoe ornaments of precious metal in the nature of jewelry
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 [ Japan application number 2018-44960 filed 04/10/2018]. 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 [ Japan registration number 6122769 registered 02/15/2019 with a renewal date of __________ and an expiration date of 02/15/2029 ], 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:
FRU1-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Folding briefcases; shoulder bags; Gladstone bags; briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; schoolchildren's backpacks; backpacks; rucksacks; card cases; shopping bags; wheeled shopping bags; purses (not of precious metal); key cases; wallets (not of precious metal); commuter's-pass holders; business card cases; vanity cases (not fitted); umbrellas and their parts; industrial packaging containers of leather; clothing for domestic pets; walking sticks; canes
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[ Japan application number 2018-44960 filed 04/10/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Folding briefcases; shoulder bags; Gladstone bags; briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; schoolchildren's backpacks; backpacks; rucksacks; card cases; credit card cases; shopping bags; reusable shopping bags; wheeled shopping bags; purses (not of precious metal); purses, not of precious metal; key cases; wallets (not of precious metal); wallets, not of precious metal; commuter's-pass holders; commuter's-pass holders namely, a case or holder for commuter passes; business card cases; vanity cases (not fitted); vanity cases, not fitted; umbrellas and their parts; industrial packaging containers of leather; clothing for domestic pets; walking sticks; canesClass 018 for Folding briefcases; shoulder bags; Gladstone bags; briefcases; suitcases; carry-on bags; trunks; handbags; Boston bags; schoolchildren's backpacks; backpacks; rucksacks; credit card cases; reusable shopping bags; wheeled shopping bags; purses, not of precious metal; key cases; wallets, not of precious metal; commuter's-pass holders namely, a case or holder for commuter passes; business card cases; vanity cases, not fitted; umbrellas and their parts; industrial packaging containers of leather; clothing for domestic pets; walking sticks; canes
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 [ Japan application number 2018-44960 filed 04/10/2018]. 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 [ Japan registration number 6122769 registered 02/15/2019 with a renewal date of __________ and an expiration date of 02/15/2029 ], 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:
FRU2-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Personal articles of woven textile, namely, towels and handkerchief; mosquito nets; bedsheets; futon and quilts; futon and quilts cases (linen); futon ticks (unstuffed futon); pillowcases (pillow slips); blankets; woven fabrics (other than edding ribbons for tatami mats); knitted fabrics; felt and non-woven textile fabrics; oilcloths; gummed waterproof cloths; vinyl coated cloths; rubberized cloths; leather cloths; filtering materials of textile; table napkins of textile; dish cloths; shower curtains; banners and flags (not of paper); toilet seat covers of textile; chair covers of textile; wall hangings of textile; curtains; table cloths (not of paper); draperies (thick drop curtains); shrouds (sheets for wrapping corpses); Japanese cloth screens with black-and-white stripes (Kuroshiro-maku); Japanese cloth screens with red-and-white stripes (Kohaku-maku); billiard cloth (baize)
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[ Japan application number 2018-44960 filed 04/10/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Personal articles of woven textile, namely, towels and handkerchief; mosquito nets; bedsheets; futon and quilts; quilts; futon and quilts cases (linen); fitted and unfitted linen futon and quilts covers; futon ticks (unstuffed futon); unstuffed futon ticks, namely, unstuffed futon covers not of paper; pillowcases (pillow slips); pillowcases; blankets; throw blankets; woven fabrics (other than edding ribbons for tatami mats); bed blankets; children's blankets; baby blankets; oilcloths; pet blankets; blankets for outdoor use; vinyl coated cloths; travelling blankets; cashmere blankets; leather cloths; woolen blankets; filtering materials of textile; silk blankets; woven fabrics, other than edding ribbons for tatami mats; knitted fabrics; felt and non-woven textile fabrics; banners and flags (not of paper); oil cloths; toilet seat covers of textile; gummed waterproof cloths; chair covers of textile; vinyl coated cloths for use in the manufacture of furniture covers; rubberized cloths; leather cloths for use in the manufacture of furniture covers; table cloths (not of paper); filtering materials of textile, namely, cheese cloth; draperies (thick drop curtains); table napkins of textile; shrouds (sheets for wrapping corpses); dish cloths; Japanese cloth screens with black-and-white stripes (Kuroshiro-maku); shower curtains; Japanese cloth screens with red-and-white stripes (Kohaku-maku); textile banners and flags, not of paper; billiard cloth (baize); fitted toilet seat covers of textile; fitted chair covers of textile, excluding high chars; wall hangings of textile; curtains; table cloths, not of paper; draperies in the nature of thick drop curtains; shrouds; Japanese cloth screens in the nature of curtains with black-and-white stripes (Kuroshiro-maku); Japanese cloth screens in the nature of curtains with red-and-white stripes (Kohaku-maku); billiard cloth, namely, baizeClass 024 for Personal articles of woven textile, namely, towels and handkerchief; mosquito nets; bedsheets; quilts; fitted and unfitted linen futon and quilts covers; unstuffed futon ticks, namely, unstuffed futon covers not of paper; pillowcases; throw blankets; bed blankets; children's blankets; baby blankets; pet blankets; blankets for outdoor use; travelling blankets; cashmere blankets; woolen blankets; silk blankets; woven fabrics, other than edding ribbons for tatami mats; knitted fabrics; felt and non-woven textile fabrics; oil cloths; gummed waterproof cloths; vinyl coated cloths for use in the manufacture of furniture covers; rubberized cloths; leather cloths for use in the manufacture of furniture covers; filtering materials of textile, namely, cheese cloth; table napkins of textile; dish cloths; shower curtains; textile banners and flags, not of paper; fitted toilet seat covers of textile; fitted chair covers of textile, excluding high chars; wall hangings of textile; curtains; table cloths, not of paper; draperies in the nature of thick drop curtains; shrouds; Japanese cloth screens in the nature of curtains with black-and-white stripes (Kuroshiro-maku); Japanese cloth screens in the nature of curtains with red-and-white stripes (Kohaku-maku); billiard cloth, namely, baize
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 [ Japan application number 2018-44960 filed 04/10/2018]. 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 [ Japan registration number 6122769 registered 02/15/2019 with a renewal date of __________ and an expiration date of 02/15/2029 ], 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:
FRU3-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, one-piece dresses, jackets, suits, vests, coats, sweat shirts, trousers and pants, shirts, blouses, dresses, skirts, T-shirts, nightwear, underwear, evening gowns, sweaters, cardigans, overalls, garters, belts, waistbands, suspenders, neckties, scarves, hosiery; shoes; athletic shoes; overshoes; hats and caps; gloves; swimwear; boots; masquerade costumes; clothing of leather
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[ Japan application number 2018-44960 filed 04/10/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Clothing, namely, one-piece dresses, jackets, suits, vests, coats, sweat shirts, trousers and pants, shirts, blouses, dresses, skirts, T-shirts, nightwear, underwear, evening gowns, sweaters, cardigans, overalls, garters, belts, waistbands, suspenders, neckties, scarves, hosiery; Clothing, namely, one-piece dresses, jackets, suits, vests, coats, sweat shirts, trousers and pants, shirts, blouses, dresses, skirts, T-shirts, nightwear, underwear, evening gowns, sweaters, cardigans, overalls, garters, belts, waistbands, suspenders, neckties, scarves, hosiery, shoes, athletic shoes, overshoes, hats and caps being headwear, gloves, swimwear, boots; shoes; masquerade costumes; athletic shoes; clothing of leather, namely, leather pants, leather skirts, leather coats, leather jackets, leather dresses, leather vests, leather gloves and headgear of leather; overshoes; hats and caps; gloves; swimwear; boots; clothing of leatherClass 025 for Clothing, namely, one-piece dresses, jackets, suits, vests, coats, sweat shirts, trousers and pants, shirts, blouses, dresses, skirts, T-shirts, nightwear, underwear, evening gowns, sweaters, cardigans, overalls, garters, belts, waistbands, suspenders, neckties, scarves, hosiery, shoes, athletic shoes, overshoes, hats and caps being headwear, gloves, swimwear, boots; masquerade costumes; clothing of leather, namely, leather pants, leather skirts, leather coats, leather jackets, leather dresses, leather vests, leather gloves and headgear of leather
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 [ Japan application number 2018-44960 filed 04/10/2018]. 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 [ Japan registration number 6122769 registered 02/15/2019 with a renewal date of __________ and an expiration date of 02/15/2029 ], 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:
FRU4-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 026 for Insignias for wear, not of precious metal; badges for wear, not of precious metal; buckles for clothing; brooches for clothing; special sash clips for obi; bonnet pins, not of precious metal; ornamental adhesive patches for jackets; brassards; electric hair curlers; eyelets for clothing; tapes; ribbons; knitted raschel lace fabrics; embroidery lace fabrics; tufts and tassels; braids; knitting sticks; needle threaders; sewing boxes; dressmakers' impressing blades; sewing thimbles; pin and needle cushions; boxes for needles; artificial flowers; armbands for holding sleeves; buttons and the like; false beards; false moustaches; hair curlers (non-electric); shoe ornaments, not of precious metals; shoe eyelets; shoe laces; metal fasteners for shoes and boots; human hair
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[ Japan application number 2018-44960 filed 04/10/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Insignias for wear, not of precious metal; Insignias for wear, not of precious metal, namely, ornamental cloth patches; badges for wear, not of precious metal; ornamental novelty badges for wear, not of precious metal; buckles for clothing; brooches for clothing; special sash clips for obi; bonnet pins, not of precious metal; ornamental adhesive patches for jackets; brassards; electric hair curlers; electric hair curlers, other than hand implements; eyelets for clothing; tapes; tapes for affixing wigs; ribbons; haberdashery ribbons; knitted raschel lace fabrics; haberdashery, namely, knitted raschel lace; embroidery lace fabrics; haberdashery, namely, embroidery lace; tufts and tassels; tufts of lace trimming and tassels; braids; knitting sticks; needle threaders; sewing boxes; dressmakers' impressing blades; dressmakers' impressing blades, namely, a spatula shaped sewing tool used for impressing, marking and creasing on fabric; sewing thimbles; pin and needle cushions; boxes for needles; artificial flowers; armbands for holding sleeves; expanding armbands for holding sleeves; buttons and the like; buttons; beads for handicraft work; slide fasteners; hair curlers (non-electric); snap fasteners; shoe ornaments, not of precious metals; false beards; false moustaches; non-electric hair curlers, other than hand implements; shoe trimmings, not of precious metals; shoe eyelets; shoe laces; metal fasteners for shoes and boots; human hairClass 026 for Insignias for wear, not of precious metal, namely, ornamental cloth patches; ornamental novelty badges for wear, not of precious metal; buckles for clothing; brooches for clothing; special sash clips for obi; bonnet pins, not of precious metal; ornamental adhesive patches for jackets; brassards; electric hair curlers, other than hand implements; eyelets for clothing; tapes for affixing wigs; haberdashery ribbons; haberdashery, namely, knitted raschel lace; haberdashery, namely, embroidery lace; tufts of lace trimming and tassels; braids; knitting sticks; needle threaders; sewing boxes; dressmakers' impressing blades, namely, a spatula shaped sewing tool used for impressing, marking and creasing on fabric; sewing thimbles; pin and needle cushions; boxes for needles; artificial flowers; expanding armbands for holding sleeves; buttons; beads for handicraft work; slide fasteners; snap fasteners; false beards; false moustaches; non-electric hair curlers, other than hand implements; shoe trimmings, not of precious metals; shoe eyelets; shoe laces; metal fasteners for shoes and boots; human hair
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 [ Japan application number 2018-44960 filed 04/10/2018]. 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 [ Japan registration number 6122769 registered 02/15/2019 with a renewal date of __________ and an expiration date of 02/15/2029 ], 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:
FRU5-20887234202-140924827_._CDG_Japanese_Reg_and_Translation.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

ADDITIONAL STATEMENTS
Miscellaneous Statement
As requested by the Examiner, Applicant has amended the description of goods to clarify them with specificity. In addition, Applicant submits Japanese Reg. No. 6122769 for the mark CDG along with an English translation to support the basis of registration in the subject application. Applicant also submits an executed Declaration to complete the application. Finally, Applicant submits arguments in support of registration of the mark in Class 25. Based on the foregoing, it is respectfully submitted that the application is now in order for publication. Applicant wishes to bring to the attention of the Examiner that there appears to be an error regarding the bases of the goods in Class 9. The goods "eye glasses and goggles; sunglasses; contact lenses" are based on Applicant's Japanese registration. The remaining goods in Class 9 are based solely on intention to use under 1(b). Applicant requests that the Trademark Office database records be amended to properly reflect the correct bases for the goods in Class 9 as set forth in the application as filed.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_20887234202-140924827_._Declaration_for_CDG__STYLIZED_signed_dated.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Rei Kawakubo
Signatory's Position: Representative Director and President

Response Signature
Signature: /Ilene B. Tannen/     Date: 04/05/2019
Signatory's Name: Ilene B. Tannen
Signatory's Position: Attorney of Record, New York Bar Member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88081415
Internet Transmission Date: Fri Apr 05 10:40:21 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201904051040213
31940-88081415-620857659a36213b9d1e6f3fd
db1277ef258e6c927cb4d36886ab5bf3fb768c-N
/A-N/A-20190405103540763874


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