Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88905277 KLUTCH(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88905277/large) has been amended as follows:

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

Applicant has deleted Class 18 and its goods from its application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 018 for Athletic bags

Applicant proposes to amend the following:

Current:
Class 025 for Hats, bandanas, headbands, t-shirts, hoodies, tank tops, pants, shirts, sweaters, crewnecks, jackets, sweatpants, track pants, polos, shorts, bathing suits, sandals namely, slides, slippers, socks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Hats, bandanas, headbands, t-shirts, hoodies, tank tops, pants, shirts, sweaters, crewnecks, jackets, sweatpants, track pants, polos, shorts, bathing suits, sandals namely, slides, slippers, socks; Hats, bandanas, headbands, t-shirts, hoodies, tank tops, pants, shirts, sweaters, jackets, sweatpants, track pants, polo shirts, shorts, bathing suits, sandals namely, slides, slippers, socksClass 025 for Hats, bandanas, headbands, t-shirts, hoodies, tank tops, pants, shirts, sweaters, jackets, sweatpants, track pants, polo shirts, shorts, bathing suits, sandals namely, slides, slippers, socks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
KLUTCH appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.

Correspondence Information (current):
      CLAY A. TILLACK
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@schiffhardin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 50601.
Correspondence Information (proposed):
      Clay A. Tillack
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@schiffhardin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ctillack@schiffhardin.com

The docket/reference number is 50601.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Clay A Tillack/     Date: 08/11/2020
Signatory's Name: Clay A Tillack
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 312-258-5758

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    CLAY A. TILLACK
   SCHIFF HARDIN LLP
   
   P.O. BOX 06079
   CHICAGO, Illinois 60606-0079
Mailing Address:    Clay A. Tillack
   SCHIFF HARDIN LLP
   P.O. BOX 06079
   CHICAGO, Illinois 60606-0079
        
Serial Number: 88905277
Internet Transmission Date: Tue Aug 11 13:15:44 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-202008111315445912
39-88905277-740904363fb7faee5f5d034bf80a
f93fbc79462edeff6dfeb1343dacca66938cdf6-
N/A-N/A-20200811130633634462