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 11/30/2023) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
90072747 |
LAW OFFICE ASSIGNED |
LAW OFFICE 127 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
ACTIVE BOOTY |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (025) (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing, namely, leggings, sports bras, fitness tops, sports pants, sports shirts, and active-wear |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025) (proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing, namely, leggings, sports bras, fitness tops, sports pants, sports shirts, and
active-wear; Clothing, namely, leggings, sports bras, fitness tops, sports pants, sports shirts, and active-wear in the nature of yoga pants and sport
shoes. |
FINAL DESCRIPTION |
Clothing, namely, leggings, sports bras, fitness tops, sports pants, sports shirts, and active-wear in the nature of yoga pants and
sport shoes. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(class deleted) |
GOODS AND/OR SERVICES SECTION (035) (class added)Original Class (042) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
On-line retail store services featuring clothing and active-wear. |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
ERIC CALIGIURI |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ecaligiuri@weintraub.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
nburton@weintraub.com; t2@weintraub.com; dmoreno@weintraub.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Eric Caligiuri |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ecaligiuri@weintraub.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
nburton@weintraub.com; t2@weintraub.com; dmoreno@weintraub.com |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Eric Caligiuri/ |
SIGNATORY'S NAME |
Caligiuri, Eric |
SIGNATORY'S POSITION |
Attorney of record, California Bar Member |
SIGNATORY'S PHONE NUMBER |
8584363140 |
DATE SIGNED |
12/03/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Dec 04 01:00:26 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20201204010026185566-9007
2747-75056e18a23f38b8d35c
96ca3b46375bd61e480381ac9
a25519c2db6d1eb9618b-N/A-
N/A-20201204005715312112 |
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 11/30/2023) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
90072747 ACTIVE BOOTY(Standard Characters, see http://uspto.report/TM/90072747/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 042 for On-line retail store services featuring clothing and active-wear
Applicant proposes to amend the following:
Current:
Class 025 for Clothing, namely, leggings, sports bras, fitness tops, sports pants, sports shirts, and active-wear
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: Clothing, namely, leggings, sports bras, fitness tops, sports pants, sports shirts, and active-wear;
Clothing, namely, leggings, sports bras, fitness tops, sports pants, sports shirts, and active-wear in the nature of yoga pants and sport shoes.Class 025 for Clothing, namely, leggings,
sports bras, fitness tops, sports pants, sports shirts, and active-wear in the nature of yoga pants and sport shoes.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 042 ) for On-line retail store services featuring clothing and active-wear.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Correspondence Information (current):
ERIC CALIGIURI
PRIMARY EMAIL FOR CORRESPONDENCE: ecaligiuri@weintraub.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nburton@weintraub.com; t2@weintraub.com; dmoreno@weintraub.com
Correspondence Information (proposed):
Eric Caligiuri
PRIMARY EMAIL FOR CORRESPONDENCE: ecaligiuri@weintraub.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nburton@weintraub.com; t2@weintraub.com; dmoreno@weintraub.com
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: /Eric Caligiuri/ Date: 12/03/2020
Signatory's Name: Caligiuri, Eric
Signatory's Position: Attorney of record, California Bar Member
Signatory's Phone Number: 8584363140
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: ERIC CALIGIURI
WEINTRAUB TOBIN
11682 EL CAMINO REAL, SUITE 305
SAN DIEGO, California 92130
Mailing Address: Eric Caligiuri
WEINTRAUB TOBIN
11682 EL CAMINO REAL, SUITE 305
SAN DIEGO, California 92130
Serial Number: 90072747
Internet Transmission Date: Fri Dec 04 01:00:26 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202012040100261
85566-90072747-75056e18a23f38b8d35c96ca3
b46375bd61e480381ac9a25519c2db6d1eb9618b
-N/A-N/A-20201204005715312112