`
`Q2
`,
`.-.-53:‘.“sl4C3§'*l US CL
`
`Wr50§
`
`jPRDRU3CL
`APPLICANT:
` 0?/,;a39:e),3.
`
`ADDRESS:
`
`PRIORITY FILING DATE:
`
`PRIORITY COUNTRY:
`
`GOODS AND SERVICES:
`
`AZZEDINE ALAIA
`
`rue de la Verrerie
`18,
`75004 Paris, France
`
`December 16, 1992
`
`!Nfl2cL
`
`France
`
`Class 3...Bleach§§g%§%%§§E¥iiu;.~__.__—_
`
`.im
`and other substance§”Y3?“
`use; cleaning, polishing, scourin
`and abrasive preparations; soaps,
`perfumery, essential oils, hair
`
`surveying, electric, PhOtU5L&phiq,
`cinematographic, optical
`‘
`(specifically eyeglasses and their
`cases), weighing, measuring,
`signaling, checking (supervision),
`life-saving and teaching apparatus
`and instruments, apparatus for
`rccording,
`transmission or
`reproduction of sound or images;
`magnetic data carriers,
`recording
`discs; automatic vending machines
`and mechanisms for coin operated
`apparatus; cash registers,
`calculating machines and data
`processing equipment;
`fire-extinguishing apparatus.
`
`Class l4...Precious metals and
`their alloys and goods in precious
`metals or coated therewith, not
`included in other classes;
`jewelry,
`precious stones; horological and
`chronometric instruments.
`
`Class 18...Leather and imitations
`of
`leather, and goods made of these
`materials and not
`included in other
`classes; animal skins, hides;
`trunks and travelling bags;
`umbrellas, parasols and walking
`sticks; whips, harness and
`saddlery.
`
`Page 5 of
`
`6
`
`
`
`,., 74553156
`
`Class 24...Textiles and textile
`goods, not
`included in other
`classes; bed and table covers.
`
`Class 25...Clothing, pantyhose,
`stockings,
`lingerie, scarves,
`sashes, belts,
`ties,
`footwear,
`headgear.
`
`Class 26...Lace and embroidery,
`ribbons and braid; buttons, hooks
`and eyes, pins and needles;
`artificial flowers.
`
`Class 35...Advertising; business
`management; business
`administration; office functions;
`organization of fairs for
`commercial or publicity purposes.
`
`ALA'1'A
`
`Page 6 of
`
`6
`
`
`
`*** User; EX59407
`
`*** serj/"\ Number: 73464555 ***
`
`ALAiA
`
`' Word Mark
`ALAIA
`
`Goods/Services
`IC 025; US 039; G & S: Dresses, Skirts, Blouses, Men's Shirts, Trousers
`and Pants, Jackets, Vests, and Coats for Men and Women; FIRST USE DATE:
`1979.00.00; FIRST USE IN COMMERCE: 1980.00.00
`
`Mark Drawing Code
`(4) WORDSq LETTERS, AND/OR NUMBERS IN BLOCK FORM
`
`Serial Number
`73—464555
`
`Filing Date
`1984.02.07
`
`Effective Filing Date
`1984.12.20
`
`Registration Number
`1326473
`
`Registration Date
`l985.03.l9
`
`Owner Name/Address
`(REGISTRANT) Alaia; Azzedine Ben INDIVIDUAL TUNISIA 60 rue de Bellechasse
`Paris 9eme FRANCE
`
`Type of Mark
`TRADEMARK
`
`-
`
`Register
`SUPPLEMENTAL
`
`Affidavit
`SECT 8.
`
`*** Search:
`
`1 *** Document Number:
`
`2 ***
`
`
`
`*** USGI: EX59407
`
`/{'\‘
`*** Sen
`; Number: 73641432 ***
`
`//‘\
`K
`
`Word Mark
`ALAIA
`
`Goods/Services
`IC 025; US 039; G & S: DRESSES, SKIRTS, BLOUSES, MEN'S SHIRTS, TROUSERS
`AND PANTS,
`JACKETS, VESTS AND COATS FOR MEN AND WOMEN; FIRST USE DATE:
`1979.00.00; FIRST USE IN COMMERCE: 1980.00.00
`
`Mark Drawing Code
`(1) TYPED DRAWING
`
`Serial Number
`73—64l432
`
`Filing Date
`1987.01.27
`
`Registration Number
`1459348
`
`Registration Date
`1987.09.29
`
`Owner Name/Address
`(REGISTRANT) BENALAIA, AZZEDINE INDIVIDUAL TUNISIA 60 RUE DE BELLECHASSE
`PARIS FRANCE
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL—2(F)
`
`Affidavit
`SECT 8.; SECT 15.; COMBINED SECT 8 AND SECT l5.
`
`*** Search:
`
`2 *** Document Number:
`
`2 ***
`
`
`
`*** User: EX59407
`
`***
`
`DEAD
`LIVE
`TOTAL
`STMT
`NUMBER MARKS VIEWED VIEWED
`
`SEARCH
`
`01
`
`02
`
`03
`
`04
`
`O5
`
`O6
`
`O7
`
`08
`
`2
`
`3
`
`1
`
`912
`
`723
`
`345
`
`199
`
`2
`
`3
`
`0
`
`197
`
`0
`
`0
`
`O
`
`2
`
`/ow alaia & azzed:
`
`:alaia:
`
`phonsch alaia
`
`/ow benalaia
`
`3"yellow
`
`5"alley
`
`6"(aloe " aloha)
`
`7”dead/ld
`
`TERMINAL SESSION STARTED 09/05/95 9:21 A.M.
`TERMINAL SESSION FINISHED 09/05/95 9:51 A.M.
`ELAPSED TIME THIS SESSION 0 HRS AND 30 MIN
`
`(EASTERN TIME)
`(EASTERN TIME)
`
`
`
`. JPQICATIONIREGISTRATION EXAMIN ‘ TION W 'K SHEET
`»
`Reviewer: Barbara Ward
`_L7C
`Dat- MEL» No.:
`
`.’ I
`
`l certify all information in the database matched the intoryunor «r PM two and no corrections were required,
`lNSTRUCTlONS:
`if the infonnation in the database does not ‘"110’ me noormation in the tile the reviewer should check the ERROR column. After correction
`(text editing). the
`lTED column shown he chocnfa‘
`RETAIN m pu_E wRAp_
`C: ERROR FOUND DUlIn<'._'l:§;V-flit‘; REQUIRING AMENDMENT or:
`MarkT pe:
`A
`y
`Reister:
`Mark.
`'
`Owner:
`
`_y
`
`_
`
`,
`
`,
`r,-
` '
`
`1
`
`EIlllllltllIlllllllllitl
`
`DBAIAKAITA Statement:
`_
`~
`l:l Ci
`_-‘j _. Address:
`El Inter
`'
`Assinment or Name Chane:
`V Composed of:
`
`Z State/Count
`
`. International Class:
`
`U.S. Class:
`
`First Use:
`
`First Use in Commerce:
`
`:
`
`Amended Register:
`Amended Re. Date:
`Disclaimer:
`Descrition of Mark:
`Linin and Stilin Statement:
`_‘ Translation of Words in Mrk:
`i Name/Portrait Descri tion/Consent:
`Section 2
`:
`I3 In Part
`s in Anther Form:
`Certification Statement:
`Concurrent Use Statement:
`Prior U.S. Registrations:
`Domestic Re - resentative:
`
`III Limitation Statement
`
`l:l Entire Mark
`
`Foreign Country of Origin:
`n A lication No.:
`
`Frg£_Agp|. Filing Date:
`Section 44(e): Y/N
`9n. '
`oreign eglstration 0.:
`ate:
`Forein Reistration Exiration Date: [lfl ;.¢> _
`Frgn. Reg.
`enewed:
`
`ttorney ame:
`I: Name
`Corresondence:
`Attorney Docket Number:
`
`I:llnter St. Address
`
`lj Ci
`
`lState/Zip
`
`0 l"'
`
`>-l>U
`
`SUlT|I"“O
`
`I certify that all corrections have been entered in accordance with the above instructions and text editing guidelines:
`?/%¢~
`Text Editor
`
`4 4/512:
`
`_
`
`
`
`AlllglDMENT EXAMINATION WORK SHE.Ei'
`
`Serial No.:
`Date:
`6
`L.O.:
`Name: Keisha Hodge
`INSTRUCTIONS: To certify amendments the REA Clerk should check the “AMENDED” column. The Text Editor should check “ENTERED” after the amendment has been
`entered.
`_
`RETAIN IN FlLE.
`SCREEN AMENDED ENTERED
`
`MENDEDTO:
`
`AM
`
`MarkT e:
`
`:
`
`I Name:
`l:Citizenshi :
`l:Enti T e:
`: DBA/AKA/TA Statement:
`
`I: Cig
`E Inter
`. Assi nment or Name Chan e:
`
`[:1 State/Country
`
`I:l Zig
`
`U.S. Class:
`
`First Use in Commerce:
`
`Goods and Services:
`
`zi Amended Re ister:
`: Amended Re Date:
`
`I
`
`A
`
`._
`
`: Disclaimer:
`Descri
`tion of Mark:
`Linin and Sti
`lin Statement:
`
`’Translation'6fWords in Mark:
`5 Name/PortraitDescription/Consent:
`Section 2
`:
`l:l In Part
`
`E Limitation Statement
`
`:l Entire Mark
`
`.-
`-.
`
`‘. _f? Use in Another Form:
`' Certification Statement:
`Concurrent Use Statement:
`,, Prior U.S. Re istrations:
`Domestic Representative:
`Foreign Country of Origin:
`Forei n A lication No.:
`Section44 e Claimed: Y/N
`
`~
`
`Foreign Registration No.:
`"Fri; Forei n Re istration Ex iration Date:
`'-'58: Forei n Renewal Re .No.:
`Forei n Registration Renewed Expiration Date:
`:AflT.;, Attorney Name:
`I:lName
`-”i=‘D’_r': Corres ondence:
`=;fpu.:. Attorney Docket Number:
`
`I
`
`Frgn. Appl. Filing Date:
`Section 44 d Claimed: Y/N
`
`Frgn. Reg. Date:
`
`Fr n. Re .Renewed:
`
`Elnterst. Address
`
`l:lCi
`
`/State/Zi
`
`I certify that all corrections have been entered in accordance with the abo e instructions and text editing guidelines.
`
`/{D
`Date
`
`Initial Box it No Amendments are required.
`::
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`Patent and Trademark Office
`
`SERIAL NO.
`
`APPLICANT
`
`1'"1
`
`5::
`" ‘
`:"'(
`APDRES3
`
`‘:5-‘
`
`'
`
`3
`
`':
`"
`
`k
`
`No‘
`
`MAILING DATE
`
`FORM PTO-1525 (5-90)
`
`U.S. DEPT. OF COMM. PAT. 8: TM OFFICE
`
`EXAMINER'S AMENDMENT
`
`ADDRESS:
`ASSISTANT COMMISSIONER
`FOR TRADEMARKS,
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`Ifno fees are enclosed, the address should
`include the words "Box 5."
`Please provide in all correspondence:
`
`1. Filing Date, serial number, mark and
`Applicant's name.
`2. Mailing date ofthis action.
`3. Examining Attorney‘: name and
`Law Ofiice number_
`4. Your tele hone number and ZIP code.
`
`,
`
`914 235-1891
`
`=— C
`
`Helanesmith
`
`ALL RECORD/NOTES
`
`OFFICE SEARCH: The examining attorney has searched the Office records and has found no similar registered or
`pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP
`section 1105.01.
`RE: Serial Number 74/650156
`
`the application has been
`In accordance with the authorization granted by the above Applicant or attorney,
`AMENDED as indicated below. No response is necessary unless there is an objection to the amendment.
`
`/C/< At the applicant's request, the drawing has been amended to show the mark in typed form.
`Cfhe mark is presented without any claim as to special forms €@\m(
`
`Upon entry of the amendment in the record, the application will be in condition for
`publication.
`
`ajor, Examining Attorney
`Law Ofiice 106, (703) 308-9106, ext. 127
`
`
`
`Name: Phillie White
`
`.: 6
`
`Date:
`
`‘ ,t
`
`AnnENDMENT EXAMINATION wo - .. ‘L}i¢ET
`
`entsthe REA csem shouldcheckthe ‘AMENDED’ column. The TextEditorsnouldcneck'ENTERED' aflerthe amendme_n_t has been
`
`g
`
`,
`
`RETAINJNFILE.
`
`:
`
`i
`
`,_
`
`C
`
`_
`e.
`C
`:
`emerea.
`@ AM ENDED Tm
`_--E MarkT er
`_-I% Reisten
`jiifi Mark:
`
`’
`
`'
`
`‘
`
`Estate/Count
`
`.
`
`lass:
`
`E-lIE_'I_F.7[°"zenshi:
`nillfi
`I ti T e:
`flfl DEA/AKAITA Statement:
`I:ICi
`‘E Address:
`Eilnter
`—A-Im Assi nment or Name Chane:
`:-I-E Comosed of”.
`
`A
`
`—-—E
`‘First’ Use:
`-- cs?
`
`.
`Goods and Services:
`
`' W "
`
`‘
`
`’
`
`"
`
`" “'“i-"trst‘U'se in Commerce:
`
`‘
`
`1
`
`‘
`
`i",
`
`A
`
`:
`
`_
`
`if
`
`_
`
`7_
`
`‘T ,,
`i
`'
`_ V
`'_
`—_@ Amended Re Date:
`‘Disciaimer:
`’
`"
`M Descri tionof Mark:
` E Linin and Sti lin Statement:Afi
`:1-E
`mfi Section2 :
`A
`I3 In Part
`E Limitation Statement
`~ ~
`a-Entire Mark
`—E Use in Another Fonn:
`—fi Certification Statement:
`—@ Concurrent Use Statement:
`—E Prior U.S. Reistrations:
`—fi Domestic Representative:
`Foreign Country of Origin:
`[:5 Forein A iication No.:
`[53 Section44 e Claimed: Y/N
`—m Foreign Registration No.:
`__@ Forein R istration Exiration Date:
`—@ Forein Renewal R . No.:
`E Forein R istration Renewed Exiration Date:
`Attorney Name:
`EName
`CD —@ Corresondence:
`—m Attorney Docket Number”.
`
`‘
`
`i
`:
`F n.AI. Fiiin Date:
`Section 44 d Claimed: Y/N
`Frgn. Re. Date:
`‘
`Frn. R . Renewed:
`
`E Inter St. Address
`
`L'_ZICi
`
`/Statelzi
`
`Other:
`
`Initial Box it No Amendments are required.
`I
`
`,
`I
`
`3
`
`1
`I
`i
`
`ctions and text editing guidelines.
`_
`
`Ir
`
`'3 ate
`
`I certify that all corrections have
`
`entered in accordance with the above ‘
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`Patent and Trademark Office
`
`APPLICANT
`
`ADDRESS:
`ASSISTANT COMMISSIONER
`FOR TRADEMARKS
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Ifno fees are enclosed, the address should
`include the words "Box 5."
`Please provide in all correspondence:
`
`1. Filing Date, serial number, mark and
`Applicant's name.
`2. Mailing date ofthis action.
`3. Examining Attorney's name and
`Law Office number.
`4. Your tele hone number and ZIP code.
`
`FORM PTO-1525 (5-90)
`
`Helane Smith
`:12
`March 27, 1996
`CALL RECORD/NOTES
`
`914 235-1891
`
`-
`
`OFFICE SEARCH: The examining attorney has searched the Office records and has found no similar registered or
`pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP
`section 1105.01.
`RE: Serial Number 74/650156
`
`the application has been
`In accordance with the authorization granted by the above Applicant or attorney,
`AMENDED as indicated below. No response is necessary unless there is an objection to the amendment.
`
`The identification of goods is amended in the following manner:
`/ 1.
`(73
`International Class 3. The term "essential oils" is amended to read "essential oils for
`personal use. "
`
`"video tapes, video discs and
`The wordin
`International Class 9.
`amended to read pre—recorded video tapes, video discs and compact disks in the field of
`
`The wording "kitchen, bathroom and decorative utensils of
`International Class 14.
`precious metals and household ornamental articles of precious metal" is deleted and
`re laced with ornaments made of precious metal or ouse old decoration purposes, and
`(‘)1-/Q J ornamental pins."
`
`International Class 18.
`The wording "including" is amended to read "namely." The
`terms "notebooks" and "personal organizers" are deleted.
`
`J '5
`
`
`
`74/650156
`
`-2-
`
`International Classes 24 and 25. The identifications for these classes remain unchanged.
`
`International Class 26. The wording "pins" is amended to read fhair pins and ornamental
`novelty pins."
`
`Class 35.
`
`The entire wordi
`
`"fashion exhibition and fashion parade organization services (in International Class 41)."
`
`2. ¥The application is amended to seek registration under Section 20‘) based on
`Regis ration Nos. 1326473 and l4@9348.
`(This amendement obviates the surname
`refiasal under Section 2(e)(4).) ‘B
`{Lmr
`Stem ow
`The applicant is a citizen of France.
`
`3.
`
`Upon entry of the amendments in the record, the application will be in condition
`4.
`for publication.
`
`. Mafor, Examining Attorney
`Scott
`Law Office 106, (703) 308-9106, ext. 127
`
`
`
`Name: SEW Male-3
`
`‘ENDMENT EXAMINA
`L.O.:_1_4____ Date:
`
`/
`WORK _ ET
`Serial No.;___;__;'_______
`
`INSTRUCTIONS: To certify amendments the RM Clerk should check the ‘AMENDED’ column. The Text Editor should check ‘ENTERED’ alter
`ensue.
`2
`RETAIN IN FILE.
`
`amendmerit has been
`’
`'
`
`'s'<:ne-.=.usurensn
`
`AMENDED rm
`
`,_
`
`DBAIAKA/TA Statement:
`A
`l:lCI
`fr Address:
`Cllnter
`Assinment or Name Chane:
`lntemational Class:
`
`l':]StateICount
`
`US. Class:
`
`' First Use:
`
`First Use in Commerce:
`
`Goods and Services:
`
`_
`
`«*
`~.
`
`\|
`
`, Amended Re
`Amended Re Date:
`Di claimer:
`escri tion of Mark:
`inin and Stilin Statement:
`Translation of words in Mark:
`NamelPortrait Descrition/Consent:
`g.
`f_, 1' Section 2
`:
`E] In Part
`V
`1» Use in Anothe Form:
`D
`" Certification Statement:
`" -. Concurrent Use Statement:
`'
`Prior U.S. Registrations:
`A_ omestic ' epresentative:
`' Foreign Country of Origin:
`Forei n A lication No
`Section 44 e Claimed: Y/N
`Forein Registration No.:
`'
`eistration Exiration Date:
`
`Attorney Name:
`l:l Name
`Corresondence:
`' Attorney Docket Number:
`
`Cl Limitation Statement
`
`I3 Entire Mark
`
`n. A l. Filin
`Section 44 d Claimed: ‘YIN
`Frgn. Reg. Date‘.
`
`"
`
`_
`
`‘
`
`I certify that all corrections have been entered in accordance with the above instructions and text editing guidelines.
`»
`,
`
`&
`
`Te Editor
`
`R
`
`2 26 4
`
`ate
`
`Box if No Amendment: are required.
`
`[::]
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFQREWTHEWEXAMINER OF TRADEMARKS
`
`APPLICANT:
`
`TRADEMARK:
`
`SERIAL NO.:
`
`CLASSES:
`
`FILING DATE:
`
`PRIORITY:
`
`AZZEDINE ALAIA
`
`ALAYA (STYLIZED)
`
`74/650156
`
`O3; 09, 14, 18, 24, 25, 26, 35
`
`MARCH 22, 1995
`
`44(E) FRENCH REG. NO. 92/446364
`
`EXAMINING ATTORNEY:
`
`SCOTT J. MAJOR, LAW OFFICE 106
`
`Assistant Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Dear Sir:
`
`This document is in response to an Office Action mailed
`
`September 6, 1995.
`
`The items are addressed in the order they
`
`appear in the Office Action.
`
`Refusal: Primarily Merely"a_Surname
`
`The Examining Attorney refused registration because ALAIA is
`
`primarily merely a surname; he presents evidence from 'Phonedisc,
`
`USA.’
`
`Applicant asserts ALAIA is neither primarily nor merely a
`
`surname under Section 2(e) of
`
`the Trademark Act. After removing
`
`duplicated names on the list presented by the Examiner, it
`
`appears there are 21 listings for ALAIA as a surname.
`
`In view of
`
`the roughly 90 million listings claimed for phone data bases in
`
`the United States,
`
`the use of
`
`the name ALAIA does not meet any
`
`test for primarily a surname. Under Section 2(e),
`
`this should be
`
`a sufficient response; no more should be required.
`
`Page 1 of
`
`4
`
`
`
`The Examiner suggests ways to register a surname under 2(f).
`This should only be necessary if the mark is not registrable
`because it is
`rimaril merel
`a surname. This is not
`the case
`
`at hand. Nonetheless, applicant provides the following
`
`______,_._w.—————~—-—»«~u——__—~—~————~—————~___________
`pp
`information.
`Applicant claimed ownership of US Registrations numbered
`1326473 and 1459348.
`nder 37 CFR 2.41, ownership of one...
`prior registration on the Principal Register...may be accepted as
`prima_fagi§ evidence of distinctiveness. Applicant asserts this,
`too,
`is sufficient for registration without more.
`
`As a third point, applicant now adds evidence of acquired
`
`distinctiveness with the enclosed reproductions marked as
`Exhibits 'A'
`through 'Z'.
`These articles and many more appeared
`in the United States as well as countries in Europe and Asia and
`were written in English as well as languages using our alphabet
`and such others as Hebrew and Japanese. Clearly, ALAIA is a
`trademark, it is used as trademark, it is recognized as a
`
`trademark.
`
`In addition, Azzedine Alaia is known throughout
`
`the world as
`
`a wonderful, vibrant, established fashion designer. Use of
`
`the
`
`trademark ALAIA is recognized in the same way as marks such as
`
`CHANEL by Coco Chanel and DIOR by Christian Dior. As related to
`these and other designers,
`the high fashion industry includes
`clothing and all its related goods and services.
`The recognition
`accorded other designers is applicable in the case of ALAIA.
`
`Based on any one of the approaches to registration detailed
`
`above, Applicant requests the refusal
`
`to register be withdrawn.
`
`Identification Unacceptable
`
`The Examiner requested clarification of
`
`the identification
`
`The following is
`of goods and services in this application.
`responsive to that request and applicant hereby requests this
`identification be substituted for the original which was
`
`identical
`
`to the underlying French registration.
`
`Page 2 of 4
`
`
`
`CLASS 3...MAKE-UP PRODUCTS, NAMELY, LIPSTICK, MASCARA,
`EYE-SHADOW, COSMETIC PENCILS, FOUNDATION MAKE—UP, FACE
`AND BODY POWDER AND NAIL POLISH; FACE AND BODY CREAMS,
`BODY MILK, ANTI—PERSPIRANT SOAP, ANTI—PERSPIRANT SPRAY,
`FACE AND BODY SOAP, BATH FOAM, BATH SALTS NOT FOR
`MEDICINAL PURPOSES, SHOWER GEL, SHAMPOO, PERFUME, TOILET
`WATER, EAU DE COLOGNE AND ESSENTIAL OILs£M~@usoRAl WM;
`
`,
`xx
`
`wy
`
`CLASS 9...OPTICAL GLASSES, SUN GLASSES, SPECTACLE
`.
`CASES,
`M
`‘ _>,_......,
`‘
`‘
`-w-«...m-I»./.<
`4...JEwELRY¢’CLOcRS, wATCHEs,{FANCY‘JEwELRY;’
`ORNAMENTAL PINS, CIGARETTE AND CIGAR EUXES'OF PRECIOUS
`METAL, CLOCK CASES,
`,
`"
`-g‘
`n_u,
`__
`,
`_
`A
`
`.
`
`.
`
`..n
`
`1.“. _.....M.,....,.».....~S..».,¢u....~..=.I...L:4;n~<.«.~+a.-a
`,#M___m_m_
`“LAMAR
`i;/
`CLASS l8...LEATHER ND IMITATION LEATHER ANJ%GOODS MADE
`OF THESE MATERIALS &N£ibb;NG BAGS, HANDBAGS, SUITCASES,
`WALLETS, PURSES, LUGGAGE,
`._
`A»
`' mwvwmvq
`AND UMBRELLAS.
`
`A
`
`A
`
`‘
`
`CLASS 24...BED LINENS:/BED COVERS, TABLE LINENS, TABLE
`NAPKINS OF TEXTILE, TABLE COVERS, TOILET GLOVES, TOWELS
`OF TEXTILE, FURNISHING FABRIC, FABRIC FOR CLOTHES.
`
`CLASS 25...CLOTHES FOR MEN AND WOMEN, NAMELY, TROUSERS,
`SUITS, DRESSES,
`JACKETS, BLOUSES, SWEATERS, SHIRTS,
`COATS, PAJAMAS, NIGHT SHIRTS, SWIMSUITS, SOCKS, TIGHTS,
`STOCKINGS, UNDERWEAR, LINGERIE, SLIPPERS, SHOES, HEADWEAR.
`
`v///
`
`CLASS 266§>P¥NS AND NEEDLES, BUTTONS FOR CLOTHING,
`RIBBONS MAUE=6UT OF TEXTILE, HAT PINS, ARTIFICIAL
`FLOWERS AND FRUITS.
`
`With reference to class 35, applicant requested certain
`
`clarification;
`
`the Examiner recommended a change to class 41.
`
`Since applicant's Services are not
`
`in the field of entertainment,
`
`applicant seeks reconsideration by the Examiner. Applicant
`
`suggests that either the business class Should cover as it does
`
`in France or the services are miscellaneous as in class 42.
`
`Page 3 Of 4
`
`
`
`Section 441d) Priority Denied
`
`The Examiner refused registration of a 44(d) application.
`
`Applicant did not and is not claiming 44(d) priority and requests
`
`deletion of any reference to 44(d) which inadvertently was
`
`included in the application on page 2. Applicant filed a 44(e)
`
`application and submitted the appropriate French registration
`
`documents and continues its application under Section 44(e).
`
`S e a r c h__.qf__Q ;‘?:_fi_i_<=_e_,..13_e..::..o rd s
`
`Applicant notes that the Examining Attorney has found no
`
`similar registered or pending mark to bar registration of ALAIA.
`
`Based on this complete response to the Office Action,
`
`Applicant requests that its application be passed to publication.
`
`Dated: Februarya¥/, 1996
`
`Respectfully submitted,
`
`Attorney for Applicant
`Coblence & Warner
`415 Madison Avenue, 17th Floor
`New York, NY 10017
`(212) 593-8000
`
`CERTIFICATE OF‘ E,X_PRESS MAIL UNDER 37 CFR l.l0
`
`"Express Mail" mailing label number:
`
`EG856617731US
`
`Date of Deposit:
`
`February q3/ , 1996
`
`I hereby certify that this Response to an Office Action regarding
`ALATA, Ser. No. 74/ 540156,
`is being deposited with the United
`States Postal Service "Express Mail Post Office to Addressee"
`service under 37 CFR 1.10 on the date indicated above and is
`addressed to Assistant Commissioner for Trademarks, 2900 Crystal
`Drive,
`rlingto , VA 22202-3513, Attn: Box 5.
`
`Page 4 of 4
`
`
`
`-gussow HERALD mum-v Much 2o Q88 3
`M
`— WOMEWS HERALD
`
`.
`
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`
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`
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`'
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`_
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`
`
`ANNE SIMPSON sets the scene as the fashion World gathers in Paris for the read}?-to-wear showa
`
`
`
`
`Alaia, the Man
`ind The Body
`
`
`
`
`
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`nhldng name hIl4vI'rIulI Igltwanu-Iu to I
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`named Ilwuizny
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`Dimnutive esigner makes a
`;_m_i___t with clinging lines :55
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`Lrft: Singlet dvfi by Azzufinefllia whidu :kims
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`1' 20-26. 198
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`am the brush
`
`John Perreatllt
`
`
`
`2861'92'‘1'9‘’““?[SMGN°‘l°S9l«l.L‘'
`
`
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`Ilolt leather
`
`MARY DESCHAMPS
`COMBINING wraparound zippers, studded
`leather, and bare hacks with high-quality
`craftsmanship, Auedlne Alain — an un-
`usual name in keeping with an unusual style
`—— has emerged as the hot new Paris designer
`for this season.
`is exceptional,"
`"l like everything that
`said Alaia, during a recent interview in his
`spacious atelier in Saint Germ:iin—des—l’res.
`which he shares with his Yorkshire terrier
`Putapouf. “My style tries to be both tlistinv
`guishcd and sexy, and though my clothes are
`often considered daring, ldnn’t feel that they
`are provocative because they can be made to
`look modest and classy."
`7' The materials for his dresses, skirts, and
`suits are versatile:
`leather and woolen
`jerseys, draped with chiffon and muslin. The
`{colors are for the most part unpatterned:
`{black and red, with some white and green,
`
`The coolest new Parisian designer‘ hits NYC
`: and occasionally an electric blue. There are
`ialso a number of beautiful fur coats with
`scalloped collars, and evening jackets in
`monkey fur. Alaia always dresses in black,
`‘usually with a pairof baggy pants and a Mao
`jacket, “because it's so convenient. "
`, Accessories include multicolored lelt berets
`studded with metal eyelets and long leather
`gloves, also studded.
`One ofhiscreations is a knee-length black
`jersey dress with an eight~foot zipper that
`snakes around the body from top to bottom,
`with it very, very low-cut bElCl(. Alaia says
`that he drew his inspiration for that particular
`dress from one worn by the French actress
`Arletty in the I933 film Hotel dtt Noni.
`Another source of inspiration is Marlene
`Dietrich, whom he feels epitomizes feminine
`elegance,
`in Paris. Alaia sells directly from his
`apartment, 60 rue de Bellechassc. which is
`also his workshop and showroom. Furnished
`with a black leather couch, a Japanese
`screen, and some African art. the mainroom
`is where Alaia infonnally holds court, weI~
`coming clients and friends in a vvar1n,friend—
`Iy manner. Production is undertaken in the
`adjacent workshop, where Alaia and his live
`workers cut, shape, and sew all the clothes.
`On this side of the Atlantic, the Azzedine
`Alaia label
`is now found at Brtrney’s and
`l.lloomingdnle’s. "The American woman is
`_ different from the French woman,"he com-
`mented. “She is taller and more outdoorsy.
`Dressing her will be an interesting experi-
`ence. It doesn‘t really matter how much a
`woman shows of hcrsell — what counts is
`her elegance, the way she carries a garment
`and the humor she brings to it."
`Azzedine Alain is originally from Tunisia.
`where he studied at the Beaux-Arts. Since he
`came to France some 30 years ago. he has
`worked in the fashion industry: lirst in the
`haute couture with Christian Dior and Guy
`Laroche, and later with Thierry Mugler.
`Some fashion connoisseurs even say that it
`was Alaia who helped create the distinctive
`“Mugler look." Now a star in the fashion ~
`world, Thierry Mugler was one of those who .
`encouraged Alaia to branch out on his own a
`couple of years ago.
`Most of the clothes are made in standard
`sizes and would fit
`the average size-8
`_ woman. But many of the Main designs are .
`custom-made with as many fittings as is
`necessary to achieve a “perfect fit."
`The years spent in the haute-couture realm
`helped to polish his technique and style. “l
`like well-finished clothes made with top-
`quality fabrics thatcan be worn at least ten
`years. in my eyes, the ultimate refinement is
`a well~made hem. But, in fact, a piece of
`clothing is never really finished — it could
`always be improved on."
`As a perfectionist, Alain says that he
`_ particularly admires the tailoring techniques
`' used for army clothing. “For me, it's the
`_ ultimate luxury, Each pocket has its func~
`tion. An item of anny clothing is a perfectly
`' th0ught~out and well-executed product."
`This unique combination of originality
`and quality has made Azzedine Alaia the
`darling of the fashion elite and of women
`who want to look different, well dressed, and
`sexy, all in one
`_
`.
`“lt’s during periods of crisis and unem-
`ployment that fashion is the most delirious."
`says the mild-mannered Alain, “Right now,
`everything in France is sad, so sad. Conse-
`wnmrn m . M...
`I
`.
`quently,
`I
`intend to dress women, all
`
`
`
`ONICINON!..LS|.ldV6'NV3f'
`
`Parisian portrait of Azzedine
`
`itE
`
`33
`
`2 3
`
`‘It in a leather jacket, $2450 from lll«mmIngtl:tle's exclusive selection of Alain’s couture
`
`
`
`
`
`
`
`body genius
`
`. . Aeslgner Axxedlne Ala't'a,who has gone
`
`from cult hero to worldwide sensation
`
`by redefining “body dressing” In a
`
`unique, powerful way.
`
`By Joan Juliet Buck
`
`bout five years ago. a certain group
`ofFrench women began dressing as
`highly sexualized versions of Darth
`Vader. They wore annorcd black leathcrjack-
`ets that swcllcd at the shoulders and indented
`sharply at the waist; on their hands were black
`leather gountlcts that ended in triangular pan-
`cls sltiuuucring will
`ilvei L-ye-lets. Itistcatl of
`resembling .\pcL.'i:
`sis of painful erotic tech-
`nique just arrived from outer space.
`these
`women ——)t!tlI'tIttll$‘lS and tlCCtll‘iIIOL\‘. success-
`llll arty types--were confident and attractive,
`ifa Iittlc emphatic. Thejackets and tight skirts
`were followed by molded sweaters with big
`shoulders, small waists. and crew necks.
`Then, dresses that cupped the buttocks in no
`uncertain manner. Later, draped leather mini-
`Top: Azzedm: rind. I¢/1, In-rr .m-ilcing examples
`¢,y'Iu'.s newe.r1on—tltc—bo<Iy drarxiltgfrom n recur!
`NYCshow thatpaclxrl(M-rzwed!) the Palladium
`
`Germaine Monteil promises
`YourLines StopHere.
`Face your non—stop lifestyle with
`Linc-Stop Sl<1llCztt'C. It helps mini—
`mize the linesoftoday and prevent
`tomorrows lines from forming.
`
`o vnm.m..- t\lllfllt'.‘l t:......m,.,.. I trip. was
`
`skirts, chiffon dresses trimmed with more
`eyelets, and big shawl-collared coats cinchcd
`at the waist. The clothes were shown two
`years ago in New York. at Bcrgdorf Good-
`man's: it was the designer's first show. Then at
`boutique opened in Beverly Hills: it was the
`designer's first boutique. Until a lcw months
`ago. the designer was still sleeping on a mat-
`tress llrltltf a table in the small Paris atclitzr
`where he started. His name is Azzedinc Ala'i'a.
`/\7.7.cdinc Alaia and hisclothes are special.
`The titan is something under five lect. wary. at
`Tunisian who always dresses in plain black
`cotton Chinese worker suits. llis clothes par-
`take of three basic: styles which are the Nun,
`the Whore. and the Spaceman. Today. Amer-
`ican womcn——paintcrs and actresses. suc-
`ccssful arty types—are wearing Azzedinc
`Alala with the same panache as the French
`women. For Azzedine Alnia, clothes confer
`an attitude that is restrained, sexy, and power-
`ful. They are best worn unadorned. The colors
`are somber. the shapes provocative, and the
`flavor bitter in the way licorice is bitter: dé'rk~_
`and unrelenting. A woman in Azlcdine Alaia
`is fragile only from the rear. From the front,
`she is invulnerable. Some women would pre-
`fer it to be the other way around.
`"A woman is like an actress, she's always
`onstage," says Alain. “She has to look great
`to feel good. If she's going to wear clothes by
`it designer instead ofjust wearing her man's
`sweater and a pair of trousers~that‘s all any-
`one needs—-then the clothes should make
`something happen, something unexpected.
`The dress hastobepart of her, she has to feel it
`on her body." His clnlhcs have in cotnmort
`with the corset and tight jeans the fact they
`provide as much pleasure for the wearer as for
`the onlooker. A|ai'a's skins, tnuldirtg sweat-
`ers, and posture jackets hold you light and
`show you off.
`Alaia was brought up by his grandntollter in
`a house in Tunis full of aunts. llis aunts cm-
`broidered dresses for their tmusseaux. “That
`must have had some effect on me, but I want-
`ed to study art." He dismisses the idea that
`Arab clothes have no shape: “My grandmoth-
`er wore a pareo, knotted ovcr trousers, and
`low-cut bodices. As herchildrcn and grandchil-
`dren, we saw her whole body; in the street no
`one saw her because she was veiled. She was
`free, free in her head." The contrast between
`the European "woman onstage" and thc hid-
`dcn grandmother who remains anonymous in
`public delineates the way he sees women.
`“When I was a boy,
`I was fascinated by
`nuns. I think their
`fC(Jnllllll¢‘(IflIl[1Ilgt I92)
`' '
`
`
`
`HEBE DORSEY
`designers with their black, shape-
`less and tortured clothes. The Japa-
`nesc are still around, but as Yoltji
`Yamamoto said:
`''I'm marynal
`and I don't mind it."
`Paris was center stage when it
`came to couture, and Yves Saint
`Laurent was still the star. His sense
`
`Mogabucks Mark Year of the Body
`In Paris, Milan, London, New York
`Inlenralloul Ilmrld Trfbune
`of proportions, the subtlety of his
`ment in New York in the building
`where Oscar de la llenta lives. Va-
`F I984 was the year of color,
`colors and his unerring taste were
`I985 will be remembered as the
`followed all over the world and
`lentino will soon open a large bou-
`year of the body, courtesy of Auc-
`tique on Madison Avenue.
`avidly copied by Seventh Avenue.
`dine Alain, who reaped two fsshion
`Saint Laurmt's greatest move in
`Under new mana ement,
`the
`1985 was away from flitter and
`house of Dior — ich always
`on yingt e
`y.
`ata re-
`back to low-ltey elegance. This was
`fared well with its couture, de-
`°‘§'§t"‘
`l't bod Al
`instated familiar Western aesthet-
`displayed by Nancy Kissinger. a
`signed by Marc Bohan —- finally
`new Saint Laurent fan who wore a
`ics and exploded I firecracker un-
`decided to go back to him for its
`simple, draped pink gown at the
`der
`the noses of
`the Japanese
`ready-to-wear, which has gone
`New York gala given by Chanel
`throu
`several designers with a
`notab e lack of success.
`while other women were swimming
`in sequins. But Saint
`l.aurent's
`Karl Lagerfeld. who designs
`ready-to-wear, where he used to be
`Chane1's couture and ready-to- ‘
`wear, as well as Fendi lurs and his
`the leader, was a disappointment.
`own line. had his
`roblems with
`This vacuum was quickly filled
`by Emanttel Ungaro, who had a
`Chanel but emerge
`as a consum-
`mate diplomat, a sort of ntini-Met-
`phenomenally successful year both
`with his couture and his ready-to
`temich who knew how to pull the
`wear. He scored in the United
`fashion strings to his best advan-
`tage. The Fendi and Chanel collec-
`States, where he was excellently
`tions were as strong as ever, and for
`launched by the retailer Bonny
`the first time Lagerteld seemed to
`Keller, who also recently opened it
`Krizia boutique on Madison Ave-
`be making it on his own with KL
`nue. Ungaro‘s flirtatious, side-
`collections that had some of his old
`wit.
`draped dress was seen on chic
`women on both sides of the Atlan-
`The French read -to-wear indus-
`tic. The elegant Hubert de Gi-
`try continued to
`most eagerly
`venehy also loomed large on the
`followed, attracting about 80,000
`fashion horizon and attracted
`people for each of the semiannual
`wealthy American women, who
`showings. The sophisticated
`raved about his evening gowns.
`Claude Montana emerged as the
`Jean-Louis Scherrer stayed close to
`leader of the “nouvelle couture,"
`his refined, conservative st le.
`followed by Thierry-Mugler, who
`After 30 years, 70 collections and
`delivered witty and innovative
`about 20,000 dresses, Pierre Cardin
`cloths. Jean-Paul Gaullier, with I
`has become an institution as well as
`blend of bag-lndy and London-
`a man with a vision. He was all over
`street fashion, remained the en/an!
`the world, not only with fashion
`Ierrible of French ready-to-wear.
`Milan came right after Paris,
`with