| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
The table below presents the data as entered.
| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
90021426 MENTAL HEALTH MATTERS(Standard Characters, see http://uspto.report/TM/90021426/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In the office action, three applications were cited: SN 88887006 SN 88547369 SN 88806897 All are dead. Therefore, the rejections are obviated. With respect to the "ornamental" rejection: Applicant
does not necessarily agree, however, the application has been amended to an ITU to obviate the rejection. Applicant has better specimens it will submit shortly.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 014 for Lapel pins; Pins being jewelry
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/26/2019 and first used in commerce at least as early as 11/26/2019 , and
is now in use in such commerce.
Proposed:
Class 014 for Lapel pins; Pins being jewelry
Deleted Filing Basis: 1(a)
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 016 for Stickers; Art prints; Coloring books
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/05/2018 and first used in commerce at least as early as 08/05/2018 , and
is now in use in such commerce.
Proposed:
Class 016 for Stickers; Art prints; Coloring books
Deleted Filing Basis: 1(a)
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 025 for Hats; Shirts; Shorts; Sweatpants; Caps being headwear; Sweatshirts; Hooded sweatshirts; Tee-shirts
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/12/2018 and first used in commerce at least as early as 10/12/2018 , and
is now in use in such commerce.
Proposed:
Class 025 for Hats; Shirts; Shorts; Sweatpants; Caps being headwear; Sweatshirts; Hooded sweatshirts; Tee-shirts
Deleted Filing Basis: 1(a)
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
The owner's/holder's current attorney information: David L Hoffman. David L Hoffman, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
Suite 820
16133 Ventura Blvd.
Encino, California 91436
United States
The docket/reference number is 20-10046.
The phone number is 3102668390.
The email address is david@dlhpatent.com
The owner's/holder's proposed attorney information: David L Hoffman. David L Hoffman of Nolan Heimann LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
Suite 820
16133 Ventura Blvd.
Encino, California 91436
United States
The docket/reference number is 20-10046.
The phone number is 8185745710.
The email address is dhoffman@NolanHeimann.com
David L Hoffman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
Correspondence Information (current):
David L Hoffman
PRIMARY EMAIL FOR CORRESPONDENCE: david@dlhpatent.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ruth@dlhpatent.com
The docket/reference number is 20-10046.
Correspondence Information (proposed):
David L Hoffman
PRIMARY EMAIL FOR CORRESPONDENCE: dhoffman@NolanHeimann.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 20-10046.
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)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /David L. Hoffman/ Date: 03/27/2021
Signatory's Name: David L. Hoffman
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone Number: 8185745710 Signature method: Signed directly within the form
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: David L Hoffman
Suite 820
16133 Ventura Blvd.
Encino, California 91436
Mailing Address: David L Hoffman
Nolan Heimann LLP
Suite 820
16133 Ventura Blvd.
Encino, California 91436
Serial Number: 90021426
Internet Transmission Date: Sat Mar 27 21:14:55 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20210327211455268114-90021426-7
70bff9d631bd1df93ab667b3313f0a6287646cf4
6efcee0fb3af6d42ccdb9b368-N/A-N/A-202103
27210223207510