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 11/30/2023)

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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 11/30/2023)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90078535 NUOVO COLLECTION BY HAWKINS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9007853 5/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Garters, Sock suspenders, Gaiter straps, Waistbands, Belts for clothing, Footwear, Masquerade costumes, Clothing for sports, Special footwear for sports
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 4962138 registered 06/16/2006 with a renewal date of 05/17/2016 and an expiration date of 06/16/2026 ], 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.


Proposed:

Tracked Text Description: Garters, Sock suspenders, Gaiter straps, Waistbands, Belts for clothing, Footwear, Masquerade costumes, Clothing for sports, Special footwear for sports; Garters, Sock suspenders, Gaiter straps, Waistbands, Belts for clothing, Footwear, Masquerade costumes, Clothing for sport, namely, athletic uniforms, athletic tights, athletic pants, athletic shirts, athletic shorts, athletic skirts, athletic jackets, athletic sweaters, athletic bottoms and athletic tops, Athletic footwearClass 025 for Garters, Sock suspenders, Gaiter straps, Waistbands, Belts for clothing, Footwear, Masquerade costumes, Clothing for sport, namely, athletic uniforms, athletic tights, athletic pants, athletic shirts, athletic shorts, athletic skirts, athletic jackets, athletic sweaters, athletic bottoms and athletic tops, Athletic footwear
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 4962138 registered 06/16/2006 with a renewal date of 05/17/2016 and an expiration date of 06/16/2026 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ABC-MART Inc., a corporation of Japan, having an address of
      1-11-5 Jinnan Shibuya-ku
      Tokyo, 150-0041
      Japan
      Email Address: XXXX
      317-634-3456
Proposed: ABC-MART Inc., a corporation of Japan, having an address of
      1-11-5 Jinnan Shibuya-ku
      Tokyo, 150-0041
      Japan
      Email Address: XXXX
      317-634-3456

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use COLLECTION apart from the mark as shown.


Translation
The English translation of NUOVO in the mark is NEW.


The owner's/holder's current attorney information: Charles J. Meyer 41,996. Charles J. Meyer 41,996 of WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      111 MONUMENT CIR STE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 34644-2.
      The phone number is 317-634-3456.
      The email address is DocketDept@uspatent.com

The owner's/holder's proposed attorney information: Charles J. Meyer 41,996. Other appointed attorneys are John C. McNett; Thomas Q. Henry; Charles R. Reeves; Vincent O. Wagner; Steve Zlatos; Spiro Bereveskos; Daniel J. Lueders; Kenneth A. Gandy; Timothy N. Thomas; Charles J. Meyer; Lisa A. Hiday; Charles P. Schmal; Quentin G. Cantrell; William A. McKenna; James R. Blaufuss; Michael M. Morris; Jeremy J. Gustrowsky; Matthew M. Gardlik; Joshua P. Astin; Blake R. Hartz; Andrew M. Nevill; Scott J. Collins. Charles J. Meyer 41,996 of WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      111 MONUMENT CIR STE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 34644-2.
      The phone number is 317-634-3456.
      The fax number is (317) 637-7561.
      The email address is cjmeyer@uspatent.com

Charles J. Meyer 41,996 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):
      CHARLES J. MEYER 41,996
      PRIMARY EMAIL FOR CORRESPONDENCE: DocketDept@uspatent.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmotyka@uspatent.com; danielle@uspatent.com

The docket/reference number is 34644-2.
Correspondence Information (proposed):
      Charles J. Meyer 41,996
      PRIMARY EMAIL FOR CORRESPONDENCE: cjmeyer@uspatent.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketdept@uspatent.com; danielle@uspatent.com

The docket/reference number is 34644-2.

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: /Charles J. Meyer/     Date: 12/11/2020
Signatory's Name: Charles J. Meyer
Signatory's Position: Attorney of Record, Indiana Bar Member

Signatory's Phone Number: (317) 634-3456

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:    CHARLES J. MEYER 41,996
   WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP
   
   111 MONUMENT CIR STE 3700
   INDIANAPOLIS, Indiana 46204
Mailing Address:    Charles J. Meyer 41,996
   WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP
   111 MONUMENT CIR STE 3700
   INDIANAPOLIS, Indiana 46204
        
Serial Number: 90078535
Internet Transmission Date: Fri Dec 11 10:17:34 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20201211101734411
032-90078535-75044252fefdca4ad1b3c819554
60b6f3af619713a4c8cf4ec115d4a28808425e2-
N/A-N/A-20201211101200386558