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. 90212802 ALPHA GURL ATTIRE(Standard Characters, see http://uspto.report/TM/90212802/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

I made a mistake in classes and chose the wrong one. I tried changing it in the Voluntary Amendment however It didn't change anything. I meant to chose class 25, which is clothing. I sell women's clothing. I believe that may had cause confusion since the other registered marks are completely unrelated to what I sell. One of them sells notebooks and pen, another one eyeshadows, other athletic wear. I sell tops, bottoms, dresses. When I search on Google for Alpha Gurl Attire all I see is my business coming up. When I search for Alpha Girl my business won't come up at all or any of the business mentioned registered named Alpha Girl. When searched for Alpha Girlz my business didn't come up either. All I saw was one AlphaGirlz unrelated to charms and bracelets. I believe there's no way our names will be confused. The prior filled application for ALPHAGRL Entertainment is completely unrelated to my Alpha Gurl Attire. ALPHAGRL Entertainment intends to cover downloadable podcast. I really doubt somebody searching for podcasts will be confused to click on a clothing store. I've attached a new specimen, which includes my goods with the label of my mark. I fixed and added the disclaimer as I was told. I attempted to change the owner info, I changed the company entity since I went from S. Corp to LLC. The company wasn't transferred to a new owner. I was just updating the entity information.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Women's clothing, namely, shirts, dresses, skirts, blouses; Bodysuits for women; Bottoms for women; Dresses for women
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 03/09/2020 and first used in commerce at least as early as 03/09/2020 , and is now in use in such commerce.


Proposed:
Class 025 for Women's clothing, namely, shirts, dresses, skirts, blouses; Bodysuits for women; Bottoms for women; Dresses for women
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 03/09/2020 and first used in commerce at least as early as 03/13/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025. The specimen(s) submitted consists of A shirt from my business with the mark on the label..
"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: None Provided
Webpage Date of Access: None Provided

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Gonzalez Hernandez Veronica Isabel, DBA Alpha Gurl Attire, a limited liability company legally organized under the laws of Florida, having an address of
      4530 S. Orange Blossom Trail #689
      Orlando, Florida 32839
      United States
      Email Address: XXXX
      787-246-7416
Proposed: Gonzalez Hernandez Veronica Isabel, DBA Alpha Gurl Attire, a limited liability company legally organized under the laws of Florida, comprising of Veronica Gonzalez, a citizen of United States, having an address of
      4530 S. Orange Blossom Trail #689
      Orlando, Florida 32839
      United States
      Email Address: XXXX
      787-246-7416

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

Correspondence Information (current):
      Gonzalez Hernandez Veronica Isabel
      PRIMARY EMAIL FOR CORRESPONDENCE: alphagurlattire@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): veronica.isabel95@gmail.com
Correspondence Information (proposed):
      Gonzalez Hernandez Veronica Isabel
      PRIMARY EMAIL FOR CORRESPONDENCE: alphagurlattire@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): veronica.isabel95@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: /Veronica Isabel Gonzalez Hernandez/      Date: 02/22/2021
Signatory's Name: Veronica
Signatory's Position: Owner
Signatory's Phone Number: 787-246-7416

Signature method: Signed directly within the form

Response Signature
Signature: /Veronica Isabel Gonzalez Hernandez/     Date: 02/22/2021
Signatory's Name: Veronica
Signatory's Position: Owner

Signatory's Phone Number: 787-246-7416 Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    Gonzalez Hernandez Veronica Isabel
   
   
   4530 S. Orange Blossom Trail #689
   Orlando, Florida 32839
Mailing Address:    Gonzalez Hernandez Veronica Isabel
   4530 S. Orange Blossom Trail #689
   Orlando, Florida 32839
        
Serial Number: 90212802
Internet Transmission Date: Mon Feb 22 10:08:56 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210222100856694410-90212802-
7705e3a4dd9f582a02daefbee15f678276e65a4d
33a99878e3c415dc449f33ffb1-N/A-N/A-20210
222093513660691