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. 90351546 MADRID(Standard Characters, see http://uspto.report/TM/90351546/mark.png) has been amended as follows:

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

The Applicant has amended the description of goods herein. It now requests suspension of its application pending disposition of prior-pending App. No. 79287885, which itself has been refused registration based upon a registration owned by the Applicant.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Apparel, including t-shirts, long-sleeve t-shirts, tank tops, hoodies, sweatshirts, jackets, caps, headwear, hats, beanies, shorts, pants, socks, underwear, flip-flops, sandals, shoes, footwear, rash guards and wet suits
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: Apparel, including t-shirts, long-sleeve t-shirts, tank tops, hoodies, sweatshirts, jackets, caps, headwear, hats, beanies, shorts, pants, socks, underwear, flip-flops, sandals, shoes, footwear, rash guards and wet suits; Apparel, namely, t-shirts, long-sleeve t-shirts, tank tops, hoodies, sweatshirts, jackets, caps being headwear, headwear, hats, beanies, shorts, pants, socks, underwear, flip-flops, sandals, shoes, footwear, rash guards and wet suitsClass 025 for Apparel, namely, t-shirts, long-sleeve t-shirts, tank tops, hoodies, sweatshirts, jackets, caps being headwear, headwear, hats, beanies, shorts, pants, socks, underwear, flip-flops, sandals, shoes, footwear, rash guards and wet suits
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):
      SCOTT J. MAJOR
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@mwzb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): major@mwzb.com; accounting@mwzb.com

The docket/reference number is madrid.
Correspondence Information (proposed):
      Scott J. Major
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@mwzb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): major@mwzb.com; accounting@mwzb.com

The docket/reference number is madrid.

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: /Scott J. Major/     Date: 05/29/2021
Signatory's Name: Scott J. Major
Signatory's Position: Attorney of record, VA bar member

Signatory's Phone Number: 703-465-5356 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:    SCOTT J. MAJOR
   MILLEN WHITE ZELANO & BRANIGAN, PC
   
   2200 CLARENDON BLVD., 14TH FLOOR
   ARLINGTON, Virginia 22201
Mailing Address:    Scott J. Major
   MILLEN WHITE ZELANO & BRANIGAN, PC
   2200 CLARENDON BLVD., 14TH FLOOR
   ARLINGTON, Virginia 22201
        
Serial Number: 90351546
Internet Transmission Date: Sat May 29 15:11:23 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202105291511237
96198-90351546-7803d6438b4c34fec6604c5fe
5765d5f3ddf75a3d11d1e7400e391964167564c-
N/A-N/A-20210529150630285213