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. 90703386 COPPERSUIT(Standard Characters, see http://uspto.report/TM/90703386/mark.png) has been amended as follows:

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

Applicant has submitted an Amendment to Allege Use for this trademark application to show that the mark is being used in commerce. Applicant hereby requests to amend this application to Supplemental Register.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Swimwear, rashguards, coverups, beachwear, bathing suits, swim dresses, dresses, tops being clothing, body suits, leotards, beach cover-ups, shirts
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Swimwear, rashguards, coverups, beachwear, bathing suits, swim dresses, dresses, tops being clothing, body suits, leotards, beach cover-ups, shirts; Clothing made in whole or substantial part of copper, namely, swimwear, rashguards, coverups, beachwear, bathing suits, swim dresses, dresses, tops being clothing, body suits, leotards, beach cover-ups, shirtsClass 025 for Clothing made in whole or substantial part of copper, namely, swimwear, rashguards, coverups, beachwear, bathing suits, swim dresses, dresses, tops being clothing, body suits, leotards, beach cover-ups, shirts

Deleted Filing Basis: 1(b)
In International Class 025, the mark was first used at least as early as 04/02/2022 . and first used in commerce at least as early as 04/02/2022 .

Applicant hereby submits one(or more) specimen(s) for Class 025. The specimen(s) submitted consists of photos of the goods bearing the mark.
"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
Specimen File2


Webpage URL: None Provided
Webpage Date of Access: None Provided

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').

Correspondence Information (current):
      JENNIFER LEE TAYLOR
      PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@mofo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): MHuq@mofo.com; HCheng@mofo.com

The docket/reference number is 185646008000.
Correspondence Information (proposed):
      Jennifer Lee Taylor
      PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@mofo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): MHuq@mofo.com; HCheng@mofo.com

The docket/reference number is 185646008000.

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: /Sonny Shalom/      Date: 06/24/2022
Signatory's Name: Sonny Shalom
Signatory's Position: General Counsel
Signatory's Phone Number: 4152687810

Signature method: Sent to third party for signature

Response Signature
Signature: /mhuq/     Date: 06/24/2022
Signatory's Name: Muzamil A. Huq
Signatory's Position: California bar member, attorney of record

Signatory's Phone Number: 14152687810 Signature method: Sent to third party for signature

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:    JENNIFER LEE TAYLOR
   MORRISON & FOERSTER LLP
   
   425 MARKET STREET
   SAN FRANCISCO, California 94105
Mailing Address:    Jennifer Lee Taylor
   MORRISON & FOERSTER LLP
   425 MARKET STREET
   SAN FRANCISCO, California 94105
        
Serial Number: 90703386
Internet Transmission Date: Fri Jun 24 15:54:49 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-202206241554494337
01-90703386-8008e9f1b24d149fd8fedfa512eb
832c689ded56c136836c54f8c7f674fb1e79-N/A
-N/A-20220624124740802107