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. 97822550 THE WORLD OF RH (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9782255 0/large) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to Office Action
Original PDF file:
evi_98160190161-202309221 40656730949_._023.09.22_- _THE_WORLD_OF_RH_STYLIZED _97822550__Class_20__ROA.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 020 for furniture; outdoor furniture; beds; chairs; divans; sofas; chests of drawers; love seat; nightstands; sofa beds; dressing tables; tea table; chaise lounges; benches; seats; armchairs; dining chairs; bean bag sofa; deck chairs; tables; side table; console tables; dining tables; folding tables; bookcases; cabinets; desks; sideboards; showcases; footstools; stools; racks; furniture shelves; tv stand; speakers stand (furnitures); portable desks; cabinets of metal; cots; flower-pot pedestals; furniture for houses, offices and gardens; covers for clothing; wall-mounted baby changing platforms; baby diaper replacement table; bassinettes; wardrobes; shelves for storage; display stands; towel stands; clothes hangers; magazine racks; luggage shelves(furniture); wine racks; show shelves; step stools, not of metal; decorative mirrors; mirrors; picture frames; works of art of wood, wax, plaster or plastic; tailors' dummies; resin craftwork; works of art made of wood; display boards; wood ribbon; cushions; pillows; bolsters; mattresses; bedding, except linen; cushions furniture; reusable baby changing mats; sleeping mats; curtain rings; indoor window shades; curtain holders, not of textile material; curtain rollers; curtain rails; curtain rods; curtain hooks; curtain tie-backs; bins, not of metal; bamboo, unworked or semi-worked; decorations of plastic for foodstuffs; birdhouses; identification bracelets, not of metal; coffins; furniture, namely, couches, ottomans, daybeds, cribs, dressers, lounge chairs, side chairs, coffee tables, occasional tables, armoires, hutches, media cabinets, file cabinets, tables having the appearance of traveling trunks; furniture, namely, modular seating in the nature of seating furniture; custom furniture; fitted fabric furniture covers; floor pillows; bed pillows; mattress toppers, namely, feather beds; box springs; mattress adjustable bases; kneelers for gardening; bathroom furniture, namely, cabinets, washstands, medicine cabinets and cupboards, shelving, bathroom vanities, etageres, bath stools, bath carts, shower curtain rods; drapery hardware, namely, curtain rods curtain hooks and finials; decorative boxes made of wood; wood garden and household ornaments; decorative wood panels; cast resin garden and household ornaments; screens for fireplaces
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ China application number 67063161 filed 09/06/2022]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Furniture; outdoor furniture; beds; chairs; divans; sofas; chests of drawers; love seat; nightstands; sofa beds; dressing tables; tea table; chaise lounges; benches; seats; armchairs; dining chairs; bean bag sofa; deck chairs; tables; side table; console tables; dining tables; folding tables; bookcases; cabinets; desks; sideboards; showcases; furniture, namely, showcases; footstools; stools; racks; coat racks; furniture shelves; tv stand; entertainment centers being furniture in the nature of a tv stand; speakers stand (furnitures); entertainment centers being furniture in the nature of a speakers stand; portable desks; cabinets of metal; cots; flower-pot pedestals; furniture for houses, offices and gardens; covers for clothing; wall-mounted baby changing platforms; baby changing table; baby diaper replacement table; bassinets; bassinettes; wardrobes; shelves for storage; display stands; towel stands; clothes hangers; magazine racks; luggage stands being furniture; luggage shelves(furniture); wine racks; display shelves being furniture; show shelves; step stools, not of metal; decorative mirrors; mirrors; picture frames; works of art of wood, wax, plaster or plastic; tailors' dummies; resin craftwork in the nature of figurines of resin; resin craftwork; works of art made of wood; display boards; wood ribbon, namely, composite panels, particle board and fiberboard for use in further manufacturing; wood ribbon; cushions; pillows; bolsters; mattresses; bedding, except linen, namely, bed headboards, bed frames, and bed risers; bedding, except linen; cushions for furniture; cushions furniture; reusable baby changing mats; sleeping mats; curtain rings; indoor window shades; curtain holders, not of textile material; curtain rollers; curtain rails; curtain rods; curtain hooks; curtain tie-backs in the nature of non-textile curtain holders; curtain tie-backs; bins, not of metal; bamboo, unworked or semi-worked; decorations of plastic for foodstuffs; birdhouses; Non-metal identification bracelets; identification bracelets, not of metal; coffins; furniture, namely, couches, ottomans, daybeds being sofas, cribs, dressers, lounge chairs, side chairs being dining chairs, coffee tables, occasional tables, armoires, hutches, media cabinets, file cabinets, tables having the appearance of traveling trunks; furniture, namely, couches, ottomans, daybeds, cribs, dressers, lounge chairs, side chairs, coffee tables, occasional tables, armoires, hutches, media cabinets, file cabinets, tables having the appearance of traveling trunks; furniture, namely, modular seating in the nature of seating furniture; custom furniture; fitted fabric furniture covers; floor pillows; bed pillows; mattress toppers, namely, feather beds; box springs; adjustable mattress bases being adjustable beds; mattress adjustable bases; kneelers for gardening; bathroom furniture, namely, cabinets, washstands, medicine cabinets and cupboards, shelving, bathroom vanities, etageres, bath stools, bath carts, shower curtain rods; bathroom furniture, namely, cabinets, washstands, medicine cabinets and cupboards, shelving, bathroom vanities, etageres, bath stools, bath carts, shower curtain rods; drapery hardware, namely, curtain rods, curtain hooks, and finials; drapery hardware, namely, curtain rods curtain hooks and finials; decorative boxes made of wood; wood garden and household ornaments; works of art in the nature of decorative wood panels for floors and walls; decorative wood panels; cast resin garden and household ornaments; screens for fireplacesClass 020 for Furniture; outdoor furniture; beds; chairs; divans; sofas; chests of drawers; love seat; nightstands; sofa beds; dressing tables; tea table; chaise lounges; benches; seats; armchairs; dining chairs; bean bag sofa; deck chairs; tables; side table; console tables; dining tables; folding tables; bookcases; cabinets; desks; sideboards; furniture, namely, showcases; footstools; stools; coat racks; furniture shelves; entertainment centers being furniture in the nature of a tv stand; entertainment centers being furniture in the nature of a speakers stand; portable desks; cabinets of metal; cots; flower-pot pedestals; furniture for houses, offices and gardens; wall-mounted baby changing platforms; baby changing table; bassinets; wardrobes; shelves for storage; display stands; towel stands; clothes hangers; magazine racks; luggage stands being furniture; wine racks; display shelves being furniture; step stools, not of metal; decorative mirrors; mirrors; picture frames; works of art of wood, wax, plaster or plastic; tailors' dummies; resin craftwork in the nature of figurines of resin; works of art made of wood; display boards; wood ribbon, namely, composite panels, particle board and fiberboard for use in further manufacturing; cushions; pillows; bolsters; mattresses; bedding, except linen, namely, bed headboards, bed frames, and bed risers; cushions for furniture; reusable baby changing mats; sleeping mats; curtain rings; indoor window shades; curtain holders, not of textile material; curtain rollers; curtain rails; curtain rods; curtain hooks; curtain tie-backs in the nature of non-textile curtain holders; bins, not of metal; bamboo, unworked or semi-worked; decorations of plastic for foodstuffs; birdhouses; Non-metal identification bracelets; coffins; furniture, namely, couches, ottomans, daybeds being sofas, cribs, dressers, lounge chairs, side chairs being dining chairs, coffee tables, occasional tables, armoires, hutches, media cabinets, file cabinets, tables having the appearance of traveling trunks; furniture, namely, modular seating in the nature of seating furniture; custom furniture; fitted fabric furniture covers; floor pillows; bed pillows; mattress toppers, namely, feather beds; box springs; adjustable mattress bases being adjustable beds; kneelers for gardening; bathroom furniture, namely, cabinets, washstands, medicine cabinets and cupboards, shelving, bathroom vanities, etageres, bath stools, bath carts, shower curtain rods; drapery hardware, namely, curtain rods, curtain hooks, and finials; decorative boxes made of wood; wood garden and household ornaments; works of art in the nature of decorative wood panels for floors and walls; cast resin garden and household ornaments; screens for fireplaces
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


Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ China application number 67063161 filed 09/06/2022]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
Correspondence Information
      MICHAEL J. MCCUE
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@lewisroca.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 154066-01843.

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: /Chanell Khosrowabadi/     Date: 09/25/2023
Signatory's Name: Chanell Khosrowabadi
Signatory's Position: Associate Attorney, Lewis Roca Rothgerber Christie LLP, California bar member

Signatory's Phone Number: 7029498200 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:    MICHAEL J. MCCUE
   LEWIS ROCA ROTHGERBER CHRISTIE LLP
   
   3993 HOWARD HUGHES PARKWAY, SUITE 600
   LAS VEGAS, Nevada 89169
Mailing Address:    Michael J. McCue
   LEWIS ROCA ROTHGERBER CHRISTIE LLP
   3993 HOWARD HUGHES PARKWAY, SUITE 600
   LAS VEGAS, Nevada 89169
        
Serial Number: 97822550
Internet Transmission Date: Mon Sep 25 16:17:42 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202309251617428
00538-97822550-8507cd245167cdc4a5d125e86
d6cf4ff89f25e5db2527eec7fa5be31938bbe239
c-N/A-N/A-20230922140656730949