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. 97107222 BLACK DAD GANG (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9710722 2/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Hats, pants, socks, TSHIRTS, HOODIES And mask
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 02/20/2020 and first used in commerce at least as early as 06/19/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Hats, pants, socks, TSHIRTS, HOODIES And mask; Hats, pants, t-shirts, hoodies, face masks being headwearClass 025 for Hats, pants, t-shirts, hoodies, face masks being headwear
Deleted Filing Basis: 1(a)
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.

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


ADDITIONAL STATEMENTS
Description of mark
The mark consists of a shaded rectangle containing the stylized silhouette of the front of a bearded man's face with no eyes, nose or lips and wearing a three pointed crown, with the beard and crown being unshaded and in the center of the crown the stylized wording "BLACK", and in the center of the beard the stylized wording "DAD" stacked over "GANG", with the letters "A" in "BLACK" and "DAD" and "N" being underlined, and the second "D" in "DAD" facing left.

Miscellaneous Statement
Applicant began selling the goods bearing the mark on tags/labels in March of 2022. Applicant has amended the application to a 1(b) filing basis and will file an Amendment to Allege Use as soon as TSDR allows the submission.


The owner's/holder's proposed attorney information: Paulo A. de Almeida. Other appointed attorneys are Alex D. Patel, Andrew T. Rissler. Paulo A. de Almeida of Patel & Almeida, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      16830 Ventura Blvd., Suite 360
      Encino, California 91436
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
      The phone number is 8183801900.
      The email address is trademarks@paiplaw.com

Paulo A. de Almeida submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      PINKSTON, RICHARDO
      PRIMARY EMAIL FOR CORRESPONDENCE: Richardopinkston@yahoo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): notifications@trademarkengine.com
Correspondence Information (proposed):
      Paulo A. de Almeida
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@paiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /Paulo A. de Almeida/      Date: 10/03/2022
Signatory's Name: Paulo A. de Almeida
Signatory's Position: Attorney
Signatory's Phone Number: 8183801900

Signature method: Signed directly within the form

Response Signature
Signature: /Paulo A. de Almeida/     Date: 10/03/2022
Signatory's Name: Paulo A. de Almeida
Signatory's Position: Attorney

Signatory's Phone Number: 8183801900 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:    PINKSTON, RICHARDO
   
   
   165 BELMONT FARMS DR ELLENWOOD GA 30294
   ELLENWOOD GA, Georgia 30294
Mailing Address:    Paulo A. de Almeida
   Patel & Almeida, P.C.
   16830 Ventura Blvd., Suite 360
   Encino, California 91436
        
Serial Number: 97107222
Internet Transmission Date: Mon Oct 03 19:46:12 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2022100319461253
5897-97107222-800307e8aaa5b22b74ea651f14
3b13daa343964b5a5429ee70fb76824feec47e-N
/A-N/A-20221003192628212238