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
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`The table below presents the data as entered.
`
`Entered
`
`87902534
`
`LAW OFFICE 104
`
`https://tmng-al.uspto.gov/resting2/api/img/87902534/large
`
`ALIX NYC
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`025
`
`Bodysuits; Clothing, namely, bodysuits and swimsuits; Coverups; Dresses; Pants; Skirts; Swimsuits; Tops as clothing; Turtleneck pullovers;
`Turtlenecks; Beach coverups
`
`FILING BASIS
`
`        FIRST USE ANYWHERE DATE
`
`        FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 10/01/2015
`
`At least as early as 10/01/2015
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`025
`
`Bodysuits; Clothing, namely, bodysuits and swimsuits; Coverups; Dresses; Pants; Skirts; Swimsuits; Tops as clothing; Turtleneck pullovers;
`Turtlenecks; Beach coverups
`
`FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 10/01/2015
`
`At least as early as 10/01/2015
`
`       STATEMENT TYPE
`
`       SPECIMEN
`       FILE NAME(S)
`
`"The substitute (or new, or originally submitted, if appropriate) specimen(s)
`was/were in use in commerce at least as early as the filing date of the
`application"[for an application based on Section 1(a), Use in Commerce] OR "The
`substitute (or new, or originally submitted, if appropriate) specimen(s)
`was/were in use in commerce prior either to the filing of the Amendment to
`Allege Use or expiration of the filing deadline for filing a Statement of Use" [for
`an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is
`a true copy of the specimen that was originally submitted with the application,
`amendment to allege use, or statement of use" [for an illegible specimen].
`
`\\TICRS\EXPORT17\IMAGEOUT 17\879\025\87902534\xml5\ ROA0002.JPG
`
`

`

`\\TICRS\EXPORT17\IMAGEOUT 17\879\025\87902534\xml5\ ROA0003.JPG
`
`       SPECIMEN DESCRIPTION
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`applicant's website
`
`/Christopher DiSchino/
`
`Christopher DiSchino
`
`Attorney of Record, Florida Bar Member
`
`7865812542
`
`02/20/2019
`
`/Christopher DiSchino/
`
`Christopher DiSchino
`
`Attorney of Record, Florida Bar Member
`
`7865812542
`
`02/20/2019
`
`YES
`
`Wed Feb 20 11:52:56 EST 2019
`
`USPTO/ROA-XX.XX.X.XXX-201
`90220115256407138-8790253
`4-620518764875d6d1a5ce716
`dfab9eabd5a7eced79fd6bce5
`706d3f7faff52289d0-N/A-N/
`A-20190220114629237019
`
`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. 87902534 ALIX NYC(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87902534/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 025 for Bodysuits; Clothing, namely, bodysuits and swimsuits; Coverups; Dresses; Pants; Skirts; Swimsuits; Tops as clothing;
`Turtleneck pullovers; Turtlenecks; Beach coverups
`Original Filing Basis:
`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 10/01/2015 and first used in commerce at least as early as 10/01/2015 , and is now in use in such commerce.
`
`Proposed: Class 025 for Bodysuits; Clothing, namely, bodysuits and swimsuits; Coverups; Dresses; Pants; Skirts; Swimsuits; Tops as clothing;
`Turtleneck pullovers; Turtlenecks; Beach coverups
`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 10/01/2015 and first used in commerce at least as early as 10/01/2015 , and is now in use in such commerce.
`
`       
`

`

`Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of applicant's website .
`"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
`date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if
`appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the
`filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true
`copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible
`specimen]. Specimen File1
`Specimen File2
`
`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: /Christopher DiSchino/      Date: 02/20/2019
`Signatory's Name: Christopher DiSchino
`Signatory's Position: Attorney of Record, Florida Bar Member
`Signatory's Phone Number: 7865812542
`
`Response Signature
`Signature: /Christopher DiSchino/     Date: 02/20/2019
`Signatory's Name: Christopher DiSchino
`Signatory's Position: Attorney of Record, Florida Bar Member
`
`

`

`Signatory's Phone Number: 7865812542
`
`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: 87902534
`Internet Transmission Date: Wed Feb 20 11:52:56 EST 2019
`TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201902201152564071
`38-87902534-620518764875d6d1a5ce716dfab9
`eabd5a7eced79fd6bce5706d3f7faff52289d0-N
`/A-N/A-20190220114629237019
`
`        
` 
`

`

`QSEAHCH
`
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`
`f ’ rp g YOUR DAGEOJ
`
`BODYSUITS v
`
`SWIMSUITS v
`
`LOOKBOOK v
`
`JOURNAL
`
`STOCKISTS
`
`SALE v
`
`NEW REHEWA'
`
`RESORT COLLECTION
`
`STAPLES
`
`1
`
` , r-
`LJ
`
`
`MINNA BODYSUIT
`$155
`
`TUDOR BDDYSUIT
`5185
`
`SLOAN BODYSUIT
`5|?5
`
`

`

`Q SEARCH
`
`Alem
`
`f I £0 Q Your: BAGmJ
`
`BODYSUITS v
`
`SWIMSUITS v
`
`LOOKBOOK v
`
`JOURNAL
`
`STOCKISTS
`
`SALE v
`
`TUDOR BODYSUIT
`
`$185.00
`
`Wear it solo or layer it. the Tudor scoop neck bodysuit will remain
`your favorite season after season. Made from our classic mid-weight
`jersey. Fits true to size. Snap closure at base and thong
`bottom. Melissa is wearing a size small in White
`
`Other Colors: I
`Fabric: 90% P0 10% EA
`
`Care:Hand wash in cold water. lay flat to dry.
`.ivl'oo'elr Measurements: Height 5‘9“ Bust 32" Waist 24 " Hips 34”
`
`Size Guide How to measure
`
`
`WHITE 7
`
`XS
`7
`
`Sheref 3 £3
`
`
`
`
`
`1
`
`
`Add to nag
`
`