Response to Office Action

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

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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. 90078789 ARONCLE(Standard Characters, see http://uspto.report/TM/90078789/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 021 for Baking cups of paper; Baking dishes; Baking dishes made of porcelain; Baking mats; Baking tins; Cupcake baking cups; Paper baking cups; Cake decorating sets sold as a unit comprised primarily of decorating tubes, couplers and tips; Cake decorating tips and tubes; Porcelain cake decorations; Cake pans; Cake rests; Cake molds; Cake tins; Cake rings; Cake brushes; Cake plates; Cake stands; Household utensils, namely, pot and pan scrapers, rolling pins, spatulas, turners, whisks, strainers, kitchen tongs, sieves, grill presses, graters, wire baskets to organize cooking utensils or to hold fruit; Glass pans; Pie pans; Ring-shaped cake pans; Muffin pans
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.

In International Class 021, the mark was first used at least as early as 11/01/2020 and first used in commerce at least as early as 11/01/2020.


Proposed:
Class 021 for Baking cups of paper; Baking dishes; Baking dishes made of porcelain; Baking mats; Baking tins; Cupcake baking cups; Paper baking cups; Cake decorating sets sold as a unit comprised primarily of decorating tubes, couplers and tips; Cake decorating tips and tubes; Porcelain cake decorations; Cake pans; Cake rests; Cake molds; Cake tins; Cake rings; Cake brushes; Cake plates; Cake stands; Household utensils, namely, pot and pan scrapers, rolling pins, spatulas, turners, whisks, strainers, kitchen tongs, sieves, grill presses, graters, wire baskets to organize cooking utensils or to hold fruit; Glass pans; Pie pans; Ring-shaped cake pans; Muffin pans

Deleted Filing Basis: 1(b)
In International Class 021, the mark was first used at least as early as 11/01/2020 . and first used in commerce at least as early as 11/01/2020 .

Applicant hereby submits one(or more) specimen(s) for Class 021. The specimen(s) submitted consists of Screenshot of baking mats and whisks sold online.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1


Webpage URL: http://www.amazon.com/dp/B08CMB114Y?=ref=myi_title_dp
Webpage Date of Access: 06/28/2021
Correspondence Information (current):
      Justin Brown
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aaronlee.881106@gmail.com
Correspondence Information (proposed):
      Justin Brown
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aaronlee.881106@gmail.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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Justin Brown/      Date: 06/29/2021
Signatory's Name: Justin Brown
Signatory's Position: Attorney of record
Signatory's Phone Number: 2482258828

Signature method: Signed directly within the form

Response Signature
Signature: /Justin Brown/     Date: 06/29/2021
Signatory's Name: Justin Brown
Signatory's Position: Attorney of record

Signatory's Phone Number: 2482258828 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:    Justin Brown
   BROWN BROTHERS LAW LLP
   
   1827 HARLEY DRIVE
   ANN ARBOR, Michigan 48103
Mailing Address:    Justin Brown
   BROWN BROTHERS LAW LLP
   1827 HARLEY DRIVE
   ANN ARBOR, Michigan 48103
        
Serial Number: 90078789
Internet Transmission Date: Tue Jun 29 18:02:55 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021062918025540
0897-90078789-780a72572579a283ca7fb5384e
c1695036ba5292d95faf3266fe50c7ab5fb2-N/A
-N/A-20210629175616945722