Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90889311 NY (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9088931 1/large) has been amended as follows:

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

In the Office Action, the Examiner raised prior filed application Serial No. 90721600 as a potential bar to registration should application Serial No. 90721600 proceed to registration. The Applicant notes that the owner of the prior filed application has not responded to a pending office action by the required deadline and thus the prior filed application should abandon shortly. Accordingly, the Applicant requests that the amendments to the identification of goods contained herein be entered and the application approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Clothing, namely, headwear; shirts; sweaters; bottoms; dresses; skirts; athletic uniforms; jerseys; undergarments; robes; swimwear; jackets; sweatshirts; ponchos; aprons; infant wear; cloth bibs; ties; footwear; socks; headbands; wristbands; Halloween and masquerade costumes
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 12/31/1936 and first used in commerce at least as early as 12/31/1936 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Clothing, namely, headwear; shirts; sweaters; bottoms; bottoms as clothing; dresses; skirts; athletic uniforms; jerseys; undergarments; robes; swimwear; jackets; sweatshirts; ponchos; aprons; infant wear; cloth bibs; ties; ties as clothing; footwear; socks; headbands; wristbands; wristbands as clothing; Halloween and masquerade costumesClass 025 for Clothing, namely, headwear; shirts; sweaters; bottoms as clothing; dresses; skirts; athletic uniforms; jerseys; undergarments; robes; swimwear; jackets; sweatshirts; ponchos; aprons; infant wear; cloth bibs; ties as clothing; footwear; socks; headbands; wristbands as clothing; Halloween and masquerade costumes
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 12/31/1936 and first used in commerce at least as early as 12/31/1936 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      MARY L. KEVLIN
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@cll.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mel@cll.com; las@cll.com

The docket/reference number is 21307.098.
Correspondence Information (proposed):
      Mary L. Kevlin
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@cll.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mel@cll.com; mlk@cll.com; jyc@cll.com; las@cll.com

The docket/reference number is 21307.098.

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: /Jeffrey Chery/     Date: 08/05/2022
Signatory's Name: Jeffrey Chery
Signatory's Position: Attorney of Record, New York Bar member

Signatory's Phone Number: 212-790-9200 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:    MARY L. KEVLIN
   COWAN, LIEBOWITZ & LATMAN, P.C.
   
   114 WEST 47TH STREET
   NEW YORK, New York 10036
Mailing Address:    Mary L. Kevlin
   COWAN, LIEBOWITZ & LATMAN, P.C.
   114 WEST 47TH STREET
   NEW YORK, New York 10036
        
Serial Number: 90889311
Internet Transmission Date: Fri Aug 05 17:28:44 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202208051728446
61297-90889311-800e3c1ea66dbdb58adfb7a1f
cf57fb4dda4164b2aa7ca084ba5f76f95bd969d8
-N/A-N/A-20220804164855019589