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.
Input Field
|
Entered
|
SERIAL NUMBER |
90127862 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
CERULEAN |
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. |
EVIDENCE SECTION |
DESCRIPTION OF EVIDENCE FILE |
legal argument to traverse Section 2(d) refusal |
GOODS AND/OR SERVICES SECTION (009) (no change) |
GOODS AND/OR SERVICES SECTION (016)(class added) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Paper goods, namely, bumper stickers, books, posters; writing utensils; pens; pencils |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(class added) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
Bags, namely, duffel bags, roll bags, rolling duffel bags, weekend bags, military duffel bags, carry-on bags, flight bags, flight bags
in the nature of check- in bags, hunting bags, messenger bags, shoulder bags, briefcases, travelling bags, courier bags, book bags, all purpose sport bags, baby carrying bags, sling bags for carrying
infants, backpacks, knapsacks |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(class added) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
mugs and cups; water bottles; water bottles sold empty; bowls |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(class added) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing, namely, t-shirts, shirts, sweatshirts, sweaters, base layers, turtlenecks, pullovers, fleece pullovers, shorts, pants,
jackets, coats, caps, hats, gloves, mittens, underwear, bras, sports bras, belts, shoes, boots, headwear, footwear, scarves, ties, socks, vests, outerwear, gaiters, sleepwear, loungewear, bathing
suits; yoga clothing, namely, yoga tops, yoga pants, yoga leggings, yoga shorts |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (027)(class added) |
INTERNATIONAL CLASS |
027 |
DESCRIPTION |
yoga mats |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(class added) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
yoga equipment, namely, yoga cushions, yoga blocks, yoga boards; yoga accessories, namely, yoga gloves, yoga blankets |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(class added) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
entertainment services in the nature of live musical performances; entertainment services, namely, providing non-downloadable
prerecorded music, information in the field of music, and commentary and articles about music, all via a global computer network |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (024)(class added) |
INTERNATIONAL CLASS |
024 |
DESCRIPTION |
towels |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
JOSHUA R. BRESSLER |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jrb@jrblaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
docket@jrblaw.com |
DOCKET/REFERENCE NUMBER |
CERULEAN-1 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
JOSHUA R. BRESSLER |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jrb@jrblaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
docket@jrblaw.com |
DOCKET/REFERENCE NUMBER |
CERULEAN-1 |
PAYMENT SECTION |
APPLICATION FOR REGISTRATION PER CLASS |
350 |
NUMBER OF CLASSES |
8 |
TOTAL FEES DUE |
2800 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The undersigned has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules
of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a signed declaration. |
RESPONSE SIGNATURE |
/Joshua R Bressler/ |
SIGNATORY'S NAME |
Bressler, Joshua R. |
SIGNATORY'S POSITION |
Attorney of record, New York State Bar member |
SIGNATORY'S PHONE NUMBER |
9179694343 |
DATE SIGNED |
06/22/2021 |
ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD |
Signed directly within the form |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jun 22 16:15:52 ET 2021 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
210622161552569766-901278
62-780ef527744e9f687379a6
59669f4e89d259fd9a75adc79
af7a1df8e0eef2aeca-CC-154
93034-2021062216102098856
9 |
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.
90127862 CERULEAN(Standard Characters, see http://uspto.report/TM/90127862/mark.png) has been amended as follows:
EVIDENCE
Evidence has been attached: legal argument to traverse Section 2(d) refusal
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby adds the following class of goods/services to the application:
New: Class 016 for Paper goods, namely, bumper stickers, books, posters; writing utensils; pens; pencils
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 hereby adds the following class of goods/services to the application:
New: Class 018 for Bags, namely, duffel bags, roll bags, rolling duffel bags, weekend bags, military duffel bags, carry-on bags, flight bags, flight bags in the nature of check- in bags,
hunting bags, messenger bags, shoulder bags, briefcases, travelling bags, courier bags, book bags, all purpose sport bags, baby carrying bags, sling bags for carrying infants, backpacks,
knapsacks
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 hereby adds the following class of goods/services to the application:
New: Class 021 for mugs and cups; water bottles; water bottles sold empty; bowls
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 hereby adds the following class of goods/services to the application:
New: Class 025 for Clothing, namely, t-shirts, shirts, sweatshirts, sweaters, base layers, turtlenecks, pullovers, fleece pullovers, shorts, pants, jackets, coats, caps, hats, gloves, mittens,
underwear, bras, sports bras, belts, shoes, boots, headwear, footwear, scarves, ties, socks, vests, outerwear, gaiters, sleepwear, loungewear, bathing suits; yoga clothing, namely, yoga tops, yoga
pants, yoga leggings, yoga shorts
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 hereby adds the following class of goods/services to the application:
New: Class 027 for yoga mats
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 hereby adds the following class of goods/services to the application:
New: Class 028 for yoga equipment, namely, yoga cushions, yoga blocks, yoga boards; yoga accessories, namely, yoga gloves, yoga blankets
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 hereby adds the following class of goods/services to the application:
New: Class 041 for entertainment services in the nature of live musical performances; entertainment services, namely, providing non-downloadable prerecorded music, information in the field of
music, and commentary and articles about music, all via a global computer network
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 hereby adds the following class of goods/services to the application:
New: Class 024 for towels
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
Correspondence Information (current):
JOSHUA R. BRESSLER
PRIMARY EMAIL FOR CORRESPONDENCE: jrb@jrblaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@jrblaw.com
The docket/reference number is CERULEAN-1.
Correspondence Information (proposed):
JOSHUA R. BRESSLER
PRIMARY EMAIL FOR CORRESPONDENCE: jrb@jrblaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@jrblaw.com
The docket/reference number is CERULEAN-1.
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).
FEE(S)
Fee(s) in the amount of $2800 is being submitted.
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: /Joshua R Bressler/ Date: 06/22/2021
Signatory's Name: Bressler, Joshua R.
Signatory's Position: Attorney of record, New York State Bar member
Signatory's Phone Number: 9179694343 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: JOSHUA R. BRESSLER
BRESSLER LAW PLLC
3 WEST 35TH ST., 9 FL
NEW YORK, New York 10001
Mailing Address: JOSHUA R. BRESSLER
BRESSLER LAW PLLC
3 WEST 35TH ST., 9 FL
NEW YORK, New York 10001
PAYMENT: 90127862
PAYMENT DATE: 06/22/2021
Serial Number: 90127862
Internet Transmission Date: Tue Jun 22 16:15:52 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20210622161552569
766-90127862-780ef527744e9f687379a659669
f4e89d259fd9a75adc79af7a1df8e0eef2aeca-C
C-15493034-20210622161020988569