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
`
`88118472
`
`LAW OFFICE 104
`
`https://tmng-al.uspto.gov/resting2/api/img/88118472/large
`
`PERGOZO
`
`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
`
`FILING BASIS
`
`        FIRST USE ANYWHERE DATE
`
`        FIRST USE IN COMMERCE DATE
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`009
`
`Sunglasses
`
`Section 1(a)
`
`At least as early as 08/31/2017
`
`At least as early as 10/26/2017
`
`009
`
`Sunglasses
`
`Section 1(a)
`
`At least as early as 08/31/2017
`
`At least as early as 10/26/2017
`
`       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\881\184\88118472\xml4\ ROA0002.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\881\184\88118472\xml4\ ROA0003.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\881\184\88118472\xml4\ ROA0004.JPG
`
`       SPECIMEN DESCRIPTION
`
`picture of product, picture of invoice, picture of product for sale online
`
`       
`       
`

`

`ADDITIONAL STATEMENTS SECTION
`
`SIGNIFICANCE OF MARK
`
`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
`
`Pergozo appearing in the mark means or signifies or is a term of art for art in the
`relevant trade or industry or as used in connection with the goods/services/collective
`membership organization listed in the application.
`
`/Britta Krachler/
`
`Britta Krachler
`
`Owner
`
`004369919255718
`
`05/14/2019
`
`/Britta Krachler/
`
`Britta Krachler
`
`Owner
`
`004369919255718
`
`05/15/2019
`
`YES
`
`Wed May 15 19:35:53 EDT 2019
`
`USPTO/ROA-XX.XXX.XXX.XX-2
`0190515193553057679-88118
`472-6206e1d55343a33248576
`e96766763b4b653835e6db52d
`62235f59b3f35516d-N/A-N/A
`-20190510134055209209
`
`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. 88118472 PERGOZO(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88118472/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 009 for Sunglasses
`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 08/31/2017 and first used in commerce at least as early as 10/26/2017 , and is now in use in such commerce.
`
`Proposed: Class 009 for Sunglasses
`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 08/31/2017 and first used in commerce at least as early as 10/26/2017 , and is now in use in such commerce.
`
`

`

`Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of picture of product, picture of invoice,
`picture of product for sale online .
`"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
`Specimen File3
`
`ADDITIONAL STATEMENTS
`Significance of wording, letter(s), or numeral(s)
`Pergozo appearing in the mark means or signifies or is a term of art for art in the relevant trade or industry or as used in connection with the
`goods/services/collective membership organization listed in the application.
`
`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: /Britta Krachler/      Date: 05/14/2019
`Signatory's Name: Britta Krachler
`Signatory's Position: Owner
`
`

`

`Signatory's Phone Number: 004369919255718
`
`Response Signature
`Signature: /Britta Krachler/     Date: 05/15/2019
`Signatory's Name: Britta Krachler
`Signatory's Position: Owner
`
`Signatory's Phone Number: 004369919255718
`
`The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either:
`(1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian
`attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or
`the USPTO has granted the request of his/her prior representative to withdraw.
`
`Serial Number: 88118472
`Internet Transmission Date: Wed May 15 19:35:53 EDT 2019
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019051519355305
`7679-88118472-6206e1d55343a33248576e9676
`6763b4b653835e6db52d62235f59b3f35516d-N/
`A-N/A-20190510134055209209
`
`        
` 
`

`

`
`
`

`

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`Bride and Bridesmaid Sunglasses, Set of 6 {White a Pink) Wayfarer Style | Bridesmaid Gifts + Bride to Be
`Gifts + Bachelorette Gifts + Bridal Party Gifts + Bachelorette Party Gifts by Pergozu
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`Prlce: $29.94 a. rm Shipping. Details
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`About the product
`Shara Ii '3 I G
`
`

`

`Ci Order date
`
`Order details
`
`Product name
`
`D a year ago
`4/17/2013
`8124 PM PDT
`
`':' a year ago
`4f17‘f2013
`3:05 PM PDT
`
`1 14-2TTS41T-SSBDZ'I III
`
`Buyer name:
`ca itlyn kjolhede
`Fulfillm ent method: Amazon
`Sales channel: Ama 201': .com
`Seller order ID: ‘I 14~2??54‘| 7-
`358021 0
`
`‘l 14-7325451-2942531
`
`Buyer name:
`Eric Gonzalez
`Fulfillm ent method: Amazon
`Sales channel: Ama zon.com
`Seller order ID: ‘I 14-?325451-
`2942531
`
`
`
`
`
`Bride 8‘ Bridesmaid Sunglasses, ‘I
`Pair of White 5 Pairs of Light Pink
`Wayfarer Style Glasses, with UV400
`and Smoke Lenses. Perfect for
`Bridesmaid Gifts
`ASIN: BD?SH9QWH1
`SKU: ODP35J‘3PWTFI
`
`Quantity: 1
`Item subtotal: US$29.90
`
`Bride & Bridfimaid Sunglasses. 1
`Pair of White 5 Pairs of Light Pink
`Wayfarer Style Glasses, with UV4DD
`and Smoke Lenses. Perfect for
`Bridesmaid Gifts
`ASIN: BD?5M9QWH1
`SKU: ODYESJQvWTFI
`
`Customer option
`
`Next Day Dellwry
`
`Order Status
`
`Payment corn-plate
`
`Second Day
`
`Payment com plete
`
`Quantity: 1
`Item subtotal: US$29.90
`
`
`