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.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR(S) CLAIMED
`(If applicable)
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`The table below presents the data as entered.
`
`Entered
`
`87809610
`
`LAW OFFICE 105
`
`https://tmng-al.uspto.gov/resting2/api/img/87809610/large
`
`PARK
`
`NO
`
`NO
`
`Color is not claimed as a feature of the mark.
`
`The mark consists of Color is not claimed as a feature of the mark.  The mark
`consists of a design comprised of concentric circles above a design of an apple with
`a bite removed and the word "Park".
`
`GOODS AND/OR SERVICES SECTION (018)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`018
`
`tote bags; sports and athletic bags; all purpose carrying bags; backpacks; business card cases
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`        FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`73144
`
`Jamaica
`
`08/23/2017
`
`GOODS AND/OR SERVICES SECTION (018)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`018
`
`tote bags; sports and athletic bags; all purpose carrying bags; backpacks; business card cases
`
`FINAL DESCRIPTION
`
`tote bags; sports and athletic bags; all purpose carrying bags; business card cases
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`       FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`73144
`
`Jamaica
`
`08/23/2017
`
`

`

`       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. The application should not be suspended to
`await the submission of the foreign registration.
`
`GOODS AND/OR SERVICES SECTION (025)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`        FOREIGN FILING DATE
`
`025
`
`clothing
`
`Section 1(b)
`
`Section 44(d)
`
`73144
`
`Jamaica
`
`08/23/2017
`
`GOODS AND/OR SERVICES SECTION (025)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`025
`
`clothing; clothing, namely, men's and women's t-shirts and shirts
`
`FINAL DESCRIPTION
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`ADDITIONAL STATEMENTS SECTION
`
`MISCELLANEOUS STATEMENT
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`clothing, namely, men's and women's t-shirts and shirts
`
`Section 1(b)
`
`Section 44(d)
`
`73144
`
`Jamaica
`
`08/23/2017
`
`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. The application should not be suspended to
`await the submission of the foreign registration.
`
`In light of the amendments to the specifications of goods, the Section 2(d) refusal
`should be withdrawn.
`
`/Karen Marie Kitterman/
`
`Karen Marie Kitterman
`
`Attorney of Record, California bar member
`
`669-227-7171
`
`10/05/2018
`
`YES
`
`Fri Oct 05 13:28:09 EDT 2018
`
`USPTO/ROA-XX.XXX.XX.X-201
`81005132809394557-8780961
`0-6101d5c11388026b024676f
`4e44555a6668ba7815d4d3bcd
`
`

`

`af1794fa5db3f948-N/A-N/A-
`20181005112255556463
`
`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.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 87809610 PARK (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/87809610/large) has been
`amended as follows:
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 018 for tote bags; sports and athletic bags; all purpose carrying bags; backpacks; business card cases
`Original Filing Basis:
`Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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[ Jamaica application number 73144
`filed 08/23/2017]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: tote bags; sports and athletic bags; all purpose carrying bags; backpacks; business card cases
`
`Class 018 for tote bags; sports and athletic bags; all purpose carrying bags; business card cases
`Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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 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 [ Jamaica application
`number 73144 filed 08/23/2017]. 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. The application should not be suspended to
`await the submission of the foreign registration.
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 025 for clothing
`Original Filing Basis:
`Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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[ Jamaica application number 73144
`filed 08/23/2017]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: clothing; clothing, namely, men's and women's t-shirts and shirts
`
`Class 025 for clothing, namely, men's and women's t-shirts and shirts
`Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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 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 [ Jamaica application
`number 73144 filed 08/23/2017]. 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. The application should not be suspended to
`await the submission of the foreign registration.
`
`ADDITIONAL STATEMENTS
`Miscellaneous Statement
`In light of the amendments to the specifications of goods, the Section 2(d) refusal should be withdrawn.
`
`SIGNATURE(S)
`Response Signature
`Signature: /Karen Marie Kitterman/     Date: 10/05/2018
`Signatory's Name: Karen Marie Kitterman
`Signatory's Position: Attorney of Record, California bar member
`
`Signatory's Phone Number: 669-227-7171
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent
`not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is
`concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior
`representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's
`appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Serial Number: 87809610
`Internet Transmission Date: Fri Oct 05 13:28:09 EDT 2018
`TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201810051328093945
`57-87809610-6101d5c11388026b024676f4e445
`55a6668ba7815d4d3bcdaf1794fa5db3f948-N/A
`-N/A-20181005112255556463
`
`        
`