petition for cancellation · 15. beginning may 2013, petitioner advertised and/or sold these...
TRANSCRIPT
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA1081762
Filing date: 09/14/2020
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Petition for Cancellation
Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
Petitioner Information
Name Kevin Garbes
Entity Individual Citizenship UNITED STATES
Address 2958 ANGLE ROADORCHARD PARK, NY 14127UNITED STATES
Attorney informa-tion
PAUL TICENPAUL TICEN LAW3195 SOUTH PRICE ROADSUITE 148CHANDLER, AZ 85286UNITED STATESPrimary Email: [email protected]
Docket Number
Registrations Subject to Cancellation
Registration No. 4839638 Registration date 10/27/2015
Registrant BigBoyMusic, Inc21282 BRAXFIELD LOOPESTERO, FL 33928UNITED STATES
Goods/Services Subject to Cancellation
Class 025. First Use: 2007/00/00 First Use In Commerce: 2007/00/00All goods and services in the class are subject to cancellation, namely: Baby bodysuits; Hats;Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;Sweat shirts; T-shirts; Tank tops; Underwear
Grounds for Cancellation
No use of mark in commerce before application,amendment to allege use, or statement of usewas filed
Trademark Act Sections 14(1) and 1(a), (c), and(d)
Failure to function as a mark Trademark Act Sections 14(1) and 1,2 and 45
Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp.,580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.2009)
Registration No. 4839635 Registration date 10/27/2015
Registrant BigBoyMusic, Inc21282 BRAXFIELD LOOPESTERO, FL 33928UNITED STATES
Goods/Services Subject to Cancellation
Class 025. First Use: 2007/00/00 First Use In Commerce: 2007/00/00All goods and services in the class are subject to cancellation, namely: Baby bodysuits; Hats;Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;Sweat shirts; T-shirts; Tank tops; Underwear
Grounds for Cancellation
No use of mark in commerce before application,amendment to allege use, or statement of usewas filed
Trademark Act Sections 14(1) and 1(a), (c), and(d)
Failure to function as a mark Trademark Act Sections 14(1) and 1,2 and 45
Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp.,580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.2009)
Registration No. 4839634 Registration date 10/27/2015
Registrant BigBoyMusic, Inc21282 BRAXFIELD LOOPESTERO, FL 33928UNITED STATES
Goods/Services Subject to Cancellation
Class 025. First Use: 2007/00/00 First Use In Commerce: 2007/00/00All goods and services in the class are subject to cancellation, namely: Baby bodysuits; Hats;Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;Sweat shirts; T-shirts; Tank tops; Underwear
Grounds for Cancellation
No use of mark in commerce before application,amendment to allege use, or statement of usewas filed
Trademark Act Sections 14(1) and 1(a), (c), and(d)
Failure to function as a mark Trademark Act Sections 14(1) and 1,2 and 45
Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp.,580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.2009)
Registration No. 4839636 Registration date 10/27/2015
Registrant BigBoyMusic, Inc21282 BRAXFIELD LOOPESTERO, FL 33928UNITED STATES
Goods/Services Subject to Cancellation
Class 025. First Use: 2007/00/00 First Use In Commerce: 2007/00/00All goods and services in the class are subject to cancellation, namely: Baby bodysuits; Hats;Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;
Sweat shirts; T-shirts; Tank tops; Underwear
Grounds for Cancellation
No use of mark in commerce before application,amendment to allege use, or statement of usewas filed
Trademark Act Sections 14(1) and 1(a), (c), and(d)
Failure to function as a mark Trademark Act Sections 14(1) and 1,2 and 45
Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp.,580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.2009)
Registration No. 5031084 Registration date 08/30/2016
Registrant BigBoyMusic, Inc21282 BRAXFIELD LOOPESTERO, FL 33928UNITED STATES
Goods/Services Subject to Cancellation
Class 025. First Use: 2007/00/00 First Use In Commerce: 2007/00/00All goods and services in the class are subject to cancellation, namely: Baby rompers; hats; hoodedsweat shirts; jackets; pants; shorts; socks; sweat shirts; t-shirts; tank tops; underwear; long sleeveand short sleeve t-shirts
Grounds for Cancellation
No use of mark in commerce before application,amendment to allege use, or statement of usewas filed
Trademark Act Sections 14(1) and 1(a), (c), and(d)
Failure to function as a mark Trademark Act Sections 14(1) and 1,2 and 45
Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp.,580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.2009)
Attachments Consolidated Petition to Cancel.pdf(105928 bytes )Consolidated Exhibit A .pdf(133929 bytes )Consolidated Exhibit B.pdf(418007 bytes )Consolidated Exhibit C .pdf(78049 bytes )Consolidated Exhibit D .pdf(61735 bytes )Consolidated Exhibit E .pdf(558517 bytes )Consolidated Exhibit F.pdf(1017202 bytes )
Signature /Paul Ticen/
Name Paul Ticen
Date 09/14/2020
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
KEVIN GARBES
Petitioner,
vs.
BIGBOY MUSIC, INC.
Registrant.
Cancellation No.: __________________ CONSOLIDATED PETITION FOR
CANCELLATION Marks: SOMEONE IN NEW YORK LOVES ME!! (4,839,635); SOMEONE IN BOSTON LOVES ME!! (4839634); SOMEONE IN FLORIDA LOVES ME!! (4,839,636); SOMEONE IN CALIFORNIA LOVES ME!! (4839638); SOMEONE IN TEXAS LOVES ME!! (5,031,084)
In accordance with 37 C.F.R. § 2.112 (b) and TBMP § 305.01, Petitioner Kevin
Garbes (“Petitioner”), a resident of New York, hereby petitions the Trademark Trial and
Appeal Board to cancel the following registrations: SOMEONE IN NEW YORK LOVES
ME!! (4,839,635); SOMEONE IN BOSTON LOVES ME!! (4839634); SOMEONE IN
FLORIDA LOVES ME!! (4,839,636); SOMEONE IN CALIFORNIA LOVES ME!!
(4839638); SOMEONE IN TEXAS LOVES ME!! (5,031,084) (hereinafter referred to as
“Consolidated Marks”) registered and owned by BigBoy Music, Inc. (“Registrant”).
Petitioner has and continues to be harmed by the Consolidated Marks. Based on
Petitioner's personal knowledge and upon information and belief of other factual matters,
Petitioner states the following allegations and grounds for his consolidated petition for
cancellation:
1. On September 9, 2014, Registrant filed separate applications pursuant to
§1(a) for registration of SOMEONE IN NEW YORK LOVES ME!!, SOMEONE IN
BOSTON LOVES ME!!, SOMEONE IN FLORIDA LOVES ME!!, and SOMEONE IN
CALIFORNIA LOVES ME!! in connection with "[b]aby bodysuits, hats; hooded sweat
shirts; jackets; pants; rompers, short-sleeved or long-sleeved t-shirts, shorts, socks, sweat
shirts; t-shirts; tank tops; [and] underwear” under International Class 25. (See Exhibit A).
2. Registrant asserted in the applications that it began using the above purported
marks in 2007 without identifying a month or day.
3. Registrant’s specimen for each application was a single image consisting of
a baby garment with the purported mark digitally superimposed over the image. (See
Exhibit B).
4. Other than the difference between the purported marks, each application was
a carbon copy of the others, including pertinent information such as first date of commerce,
the specimen, identified goods, etc.
5. On December 19, 2014, the assigned examiner issued an Office Action
refusing registration because the mark was merely a decorative or ornamental feature of
the clothing and invited Registrant to submit a “substitute specimen” that was in actual use
in commerce at least as early as the filing date of the application and that showed proper
trademark use, including labels inside a garment. (See Exhibit C).
6. On June 8, 2015, Registrant submitted a Response to Office Action for each
application with a purported “substitute specimen,” showing a single close-up image of
what appears to be a plain white t-shirt with the purported mark digitally superimposed
over the image or printed on the inside back of the shirt. (See Exhibits D (ROA) and E
(Substitute Specimen).
7. In the Response to Office Action, Registrant attested to: "[t]he 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]. (See Exhibit D).
8. Similar to the applications, each Response to Office Action was a carbon
copy of the other responses except for the purported mark shown in the substitute specimen.
9. The USPTO examiner took registrant’s assertions at face value, and
eventually the four certificates of registration were issued on October 27, 2015.
10. On January 18, 2016, Registrant filed an application pursuant to §1(a) for
registration of SOMEONE IN TEXAS LOVES ME!! in connection with "[b]aby rompers;
hats; hooded sweat shirts; jackets; pants; shorts; socks; sweat shirts; t-shirts; tank tops;
underwear; long sleeve and short sleeve t-shirts” under International Class 25. (Exhibit
A).
11. Registrant asserted it began using the above mark in 2007 without asserting
a month and day. The same year, along with omission of a month and day, that Registrant
asserted in Registrant’s original applications on September 9, 2014. (Id.).
12. Having learned from its mistake during the four prior applications, Registrant
submitted a specimen consisting of a single image of an apparent plaint white t-shirt with
the purported mark either digitally superimposed over the image or printed on the inside
back of the shirt. (Exhibit B).
13. On August 30, 2016, the registration SOMEONE IN TEXAS LOVES ME!!
was issued to Registrant under registration number 5,031,084
14. Petitioner designs, advertises, markets and sells t-shirts through its own
website and third-party e-commerce websites with common slogans, message and
expressions on the front of the t-shirts and other apparel items.
15. Beginning May 2013, Petitioner advertised and/or sold these t-shirts and/or
other apparel items on one or more third party e-commerce websites that was/were identical
and/or close to one or more of the Consolidated Marks.
16. On information and belief, Registrant was successful in having Petitioner’s
listings taken down pursuant to a third party e-commerce website’s intellectual property
policies and procedures.
17. Petitioner sought to appeal the decision with the third party e-commerce
website, but was notified by website staff that they do not decide intellectual property
disputes and deference was given to Registrant’ certificates of registration irrespective of
whether Registrant’s registration was validly obtained.
18. In or around February 2018, Petitioner purchased a baby garment from
Registrant via a third party e-commerce website with the purported mark SOMEONE IN
CALIFORNIA LOVES ME!! Notwithstanding the “substitute specimen” that Registrant
used to obtain this particular registration, the purported mark is not imprinted on the back
and inside of the garment, but instead, the words are solely used on the baby garment in a
decorative and ornamental manner and the tag is from a different manufacturer. (See
images attached as Exhibit F).
19. Registrant’s use of the Consolidated Marks do not function as a trademark
and as such Registrant has never used any or all of the Consolidated Marks in commerce
from the date attested to in its applications to the USPTO, attested to in the Responses to
Office Action and Substitute Specimens submitted to the USPTO and any point thereafter.
20. Instead, Registrant has and continues to use the Consolidated Marks as
nothing more than a decorative or ornamental feature of various apparel items, and
Registrant only obtained the registrations through use of a sham substitute specimen that
has enabled Registrant to bully other sellers and abuse trademark laws by obtaining an ill-
gotten monopoly over what is nothing more than words conveying a common slogan,
message or expression that fail to indicate the source of the goods or identify and
distinguish Registrant’s goods from others.
21. As stated above, Registrant procured registrations for the Consolidated
Marks through fraud by submitting sham substitute specimens that did not accurately
reflect how Registrant actually used the Consolidated Marks on the date the substitute
specimen was submitted and/or at any point thereafter.
22. Even had Registrant actually used the Consolidated Marks in a manner
consistent with the substitute specimens, such use nevertheless fails to function as a
trademark because the Consolidated Marks are nothing more than words conveying a
common slogan, message or expression fitting of a post card as opposed to indicating the
source of the goods or identifying and distinguishing Registrant’s goods from others.
23. Accordingly, Petitioner requests that the registrations for the Consolidated
Marks, specifically SOMEONE IN NEW YORK LOVES ME!! (4,839,635); SOMEONE
IN BOSTON LOVES ME!! (4839634); SOMEONE IN FLORIDA LOVES ME!!
(4,839,636); SOMEONE IN CALIFORNIA LOVES ME!! (4839638); SOMEONE IN
TEXAS LOVES ME!! (5,031,084), be cancelled on grounds that (1) Registrant has failed
to use any of the Consolidated Marks in commerce, (2) the Consolidated Marks do not
function as trademarks but instead are ornamental and decorative feature of the goods that
do nothing more than convey common slogans, messages or expressions, and (3) Registrant
procured the registrations through fraud, namely, by submitting sham substitute specimens
that do not accurately reflect how Registrant actually used the purported Consolidated
Marks at the time the original applications were filed and/or at any point thereafter.
WHEREFORE, Petitioner requests that registrations of the Consolidated Marks be
cancelled and that this Petition for Cancellation be sustained in Petitioner's favor.
Respectfully Submitted this 14th day of September 2020.
PAUL TICEN LAW
By /s/ Paul D. Ticen
Paul D. Ticen 3195 South Price Road, Suite 148
Tel: (480) 646-9382 E-Mail: [email protected] AZ Bar Number - 024788 Attorney for Petitioner
EXHIBIT A
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
Serial Number: 86389877
Filing Date: 09/09/2014
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
under the facts of the particular application.
The table below presents the data as entered.
Input Field Entered
TEAS Plus YES
MARK INFORMATION
*MARK Someone in New York Loves Me!!
*STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT Someone in New York Loves Me!!
*MARK STATEMENTThe mark consists of standard characters, without claim to any
particular font, style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE
(Required for U.S. applicants only)33928
EMAIL ADDRESS XXXX
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
LEGAL ENTITY INFORMATION
*TYPE CORPORATION
* STATE/COUNTRY OF INCORPORATION Florida
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS 025
*IDENTIFICATION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants;
Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;
Sweat shirts; T-shirts; Tank tops; Underwear
*FILING BASIS SECTION 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
SPECIMEN
FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT
16\863\898\86389877\xml1\ FTK0003.JPG
SPECIMEN DESCRIPTION digitally scanned photograph of product
ADDITIONAL STATEMENTS INFORMATION
*TRANSLATION
(if applicable)
*TRANSLITERATION
(if applicable)
*CLAIMED PRIOR REGISTRATION
(if applicable)
*CONSENT (NAME/LIKENESS)
(if applicable)
*CONCURRENT USE CLAIM
(if applicable)
CORRESPONDENCE INFORMATION
*NAME BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE 33928
*EMAIL ADDRESS [email protected]
*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
NUMBER OF CLASSES 1
FEE PER CLASS 275
*TOTAL FEE PAID 275
SIGNATURE INFORMATION
* SIGNATURE /Maarten Peters/
* SIGNATORY'S NAME Maarten Peters
* SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239-287-2517
* DATE SIGNED 09/08/2014
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
Serial Number: 86389877
Filing Date: 09/09/2014
To the Commissioner for Trademarks:
MARK: Someone in New York Loves Me!! (Standard Characters, see mark)
The literal element of the mark consists of Someone in New York Loves Me!!.
The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, BigBoyMusic, Inc, a corporation of Florida, having an address of
21282 Braxfield Loop
Estero, Florida 33928
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025: Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least
as early as 00/00/2007, and first used in commerce at least as early as 00/00/2007, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or
services, consisting of a(n) digitally scanned photograph of product.
Specimen File1
The applicant's current Correspondence Information:
BigBoyMusic, Inc
21282 Braxfield Loop
Estero, Florida 33928
[email protected] (authorized)
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the
trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or
in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the
applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an
application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the
applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection
with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and
the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may
jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are
true and all statements made on information and belief are believed to be true.
Signature: /Maarten Peters/ Date Signed: 09/08/2014
Signatory's Name: Maarten Peters
Signatory's Position: President
RAM Sale Number: 86389877
RAM Accounting Date: 09/10/2014
Serial Number: 86389877
Internet Transmission Date: Tue Sep 09 17:41:39 EDT 2014
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20140909174139
672297-86389877-500844d5f7c95b3ae964cb6e
f56e1628fafcb19b2fbbbaee0cd4bf8f82e2bb2a
4-CC-2179-20140908145802669455
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
Serial Number: 86389859
Filing Date: 09/09/2014
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
under the facts of the particular application.
The table below presents the data as entered.
Input Field Entered
TEAS Plus YES
MARK INFORMATION
*MARK Someone in Boston Loves Me!!
*STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT Someone in Boston Loves Me!!
*MARK STATEMENTThe mark consists of standard characters, without claim to any
particular font, style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE
(Required for U.S. applicants only)33928
EMAIL ADDRESS XXXX
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
LEGAL ENTITY INFORMATION
*TYPE CORPORATION
* STATE/COUNTRY OF INCORPORATION Florida
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS 025
*IDENTIFICATION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants;
Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;
Sweat shirts; T-shirts; Tank tops; Underwear
*FILING BASIS SECTION 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
SPECIMEN
FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT
16\863\898\86389859\xml1\ FTK0003.JPG
SPECIMEN DESCRIPTION digitally scanned photograph of product
ADDITIONAL STATEMENTS INFORMATION
*TRANSLATION
(if applicable)
*TRANSLITERATION
(if applicable)
*CLAIMED PRIOR REGISTRATION
(if applicable)
*CONSENT (NAME/LIKENESS)
(if applicable)
*CONCURRENT USE CLAIM
(if applicable)
CORRESPONDENCE INFORMATION
*NAME BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE 33928
*EMAIL ADDRESS [email protected]
*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
NUMBER OF CLASSES 1
FEE PER CLASS 275
*TOTAL FEE PAID 275
SIGNATURE INFORMATION
* SIGNATURE /Maarten Peters/
* SIGNATORY'S NAME Maarten Peters
* SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239-287-2517
* DATE SIGNED 09/08/2014
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
Serial Number: 86389859
Filing Date: 09/09/2014
To the Commissioner for Trademarks:
MARK: Someone in Boston Loves Me!! (Standard Characters, see mark)
The literal element of the mark consists of Someone in Boston Loves Me!!.
The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, BigBoyMusic, Inc, a corporation of Florida, having an address of
21282 Braxfield Loop
Estero, Florida 33928
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025: Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least
as early as 00/00/2007, and first used in commerce at least as early as 00/00/2007, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or
services, consisting of a(n) digitally scanned photograph of product.
Specimen File1
The applicant's current Correspondence Information:
BigBoyMusic, Inc
21282 Braxfield Loop
Estero, Florida 33928
[email protected] (authorized)
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the
trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or
in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the
applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an
application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the
applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection
with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and
the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may
jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are
true and all statements made on information and belief are believed to be true.
Signature: /Maarten Peters/ Date Signed: 09/08/2014
Signatory's Name: Maarten Peters
Signatory's Position: President
RAM Sale Number: 86389859
RAM Accounting Date: 09/10/2014
Serial Number: 86389859
Internet Transmission Date: Tue Sep 09 17:38:45 EDT 2014
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20140909173845
079815-86389859-5005ee9e322ee7d9e1658e9e
ac92f72c0e3fceaf1ba1e3933c217e5ed45b369b
53f-CC-2121-20140908150138653340
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
Serial Number: 86389882
Filing Date: 09/09/2014
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
under the facts of the particular application.
The table below presents the data as entered.
Input Field Entered
TEAS Plus YES
MARK INFORMATION
*MARK Someone in Florida Loves me!!
*STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT Someone in Florida Loves me!!
*MARK STATEMENTThe mark consists of standard characters, without claim to any
particular font, style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE
(Required for U.S. applicants only)33928
EMAIL ADDRESS XXXX
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
LEGAL ENTITY INFORMATION
*TYPE CORPORATION
* STATE/COUNTRY OF INCORPORATION Florida
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS 025
*IDENTIFICATION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants;
Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;
Sweat shirts; T-shirts; Tank tops; Underwear
*FILING BASIS SECTION 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
SPECIMEN
FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT
16\863\898\86389882\xml1\ FTK0003.JPG
SPECIMEN DESCRIPTION digitally scanned photograph of product
ADDITIONAL STATEMENTS INFORMATION
*TRANSLATION
(if applicable)
*TRANSLITERATION
(if applicable)
*CLAIMED PRIOR REGISTRATION
(if applicable)
*CONSENT (NAME/LIKENESS)
(if applicable)
*CONCURRENT USE CLAIM
(if applicable)
CORRESPONDENCE INFORMATION
*NAME BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE 33928
*EMAIL ADDRESS [email protected]
*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
NUMBER OF CLASSES 1
FEE PER CLASS 275
*TOTAL FEE PAID 275
SIGNATURE INFORMATION
* SIGNATURE /Maarten Peters/
* SIGNATORY'S NAME Maarten Peters
* SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239-287-2517
* DATE SIGNED 09/08/2014
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
Serial Number: 86389882
Filing Date: 09/09/2014
To the Commissioner for Trademarks:
MARK: Someone in Florida Loves me!! (Standard Characters, see mark)
The literal element of the mark consists of Someone in Florida Loves me!!.
The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, BigBoyMusic, Inc, a corporation of Florida, having an address of
21282 Braxfield Loop
Estero, Florida 33928
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025: Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least
as early as 00/00/2007, and first used in commerce at least as early as 00/00/2007, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or
services, consisting of a(n) digitally scanned photograph of product.
Specimen File1
The applicant's current Correspondence Information:
BigBoyMusic, Inc
21282 Braxfield Loop
Estero, Florida 33928
[email protected] (authorized)
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the
trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or
in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the
applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an
application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the
applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection
with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and
the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may
jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are
true and all statements made on information and belief are believed to be true.
Signature: /Maarten Peters/ Date Signed: 09/08/2014
Signatory's Name: Maarten Peters
Signatory's Position: President
RAM Sale Number: 86389882
RAM Accounting Date: 09/10/2014
Serial Number: 86389882
Internet Transmission Date: Tue Sep 09 17:43:21 EDT 2014
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20140909174321
901481-86389882-5007a1615f523313f162ffd4
52d7aa3af236c6d26e2eb6090d6add48b347898-
CC-2201-20140908145431914802
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
Serial Number: 86389891
Filing Date: 09/09/2014
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
under the facts of the particular application.
The table below presents the data as entered.
Input Field Entered
TEAS Plus YES
MARK INFORMATION
*MARK Someone in California Loves Me!!
*STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT Someone in California Loves Me!!
*MARK STATEMENTThe mark consists of standard characters, without claim to any
particular font, style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE
(Required for U.S. applicants only)33928
EMAIL ADDRESS XXXX
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
LEGAL ENTITY INFORMATION
*TYPE CORPORATION
* STATE/COUNTRY OF INCORPORATION Florida
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS 025
*IDENTIFICATION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants;
Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;
Sweat shirts; T-shirts; Tank tops; Underwear
*FILING BASIS SECTION 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
SPECIMEN
FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT
16\863\898\86389891\xml1\ FTK0003.JPG
SPECIMEN DESCRIPTION digitally scanned photograph of product
ADDITIONAL STATEMENTS INFORMATION
*TRANSLATION
(if applicable)
*TRANSLITERATION
(if applicable)
*CLAIMED PRIOR REGISTRATION
(if applicable)
*CONSENT (NAME/LIKENESS)
(if applicable)
*CONCURRENT USE CLAIM
(if applicable)
CORRESPONDENCE INFORMATION
*NAME BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE 33928
*EMAIL ADDRESS [email protected]
*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
NUMBER OF CLASSES 1
FEE PER CLASS 275
*TOTAL FEE PAID 275
SIGNATURE INFORMATION
* SIGNATURE /Maarten Peters/
* SIGNATORY'S NAME Maarten Peters
* SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239-287-2517
* DATE SIGNED 09/08/2014
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
Serial Number: 86389891
Filing Date: 09/09/2014
To the Commissioner for Trademarks:
MARK: Someone in California Loves Me!! (Standard Characters, see mark)
The literal element of the mark consists of Someone in California Loves Me!!.
The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, BigBoyMusic, Inc, a corporation of Florida, having an address of
21282 Braxfield Loop
Estero, Florida 33928
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025: Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least
as early as 00/00/2007, and first used in commerce at least as early as 00/00/2007, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or
services, consisting of a(n) digitally scanned photograph of product.
Specimen File1
The applicant's current Correspondence Information:
BigBoyMusic, Inc
21282 Braxfield Loop
Estero, Florida 33928
[email protected] (authorized)
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the
trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or
in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the
applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an
application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the
applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection
with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and
the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may
jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are
true and all statements made on information and belief are believed to be true.
Signature: /Maarten Peters/ Date Signed: 09/08/2014
Signatory's Name: Maarten Peters
Signatory's Position: President
RAM Sale Number: 86389891
RAM Accounting Date: 09/10/2014
Serial Number: 86389891
Internet Transmission Date: Tue Sep 09 17:47:31 EDT 2014
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20140909174731
002465-86389891-500fc6fa66bc9e8692cdec2d
1d56ffb377119c30ce3666dd1380e5347c12e3-C
C-2261-20140908144155289210
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 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2018)
Trademark/Service Mark Application, Principal Register
Serial Number: 86879292
Filing Date: 01/19/2016
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 86879292
MARK INFORMATION
*MARK Someone In Texas Loves Me!!
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT Someone In Texas Loves Me!!
MARK STATEMENTThe mark consists of standard characters, without claim to any
particular font, style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK BigBoyMusic, Inc
*STREET 21282 Braxfield Loop
*CITY Estero
*STATE
(Required for U.S. applicants)Florida
*COUNTRY United States
*ZIP/POSTAL CODE
(Required for U.S. applicants)33928
EMAIL ADDRESS XXXX
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
LEGAL ENTITY INFORMATION
TYPE corporation
STATE/COUNTRY OF INCORPORATION Florida
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS 025
*IDENTIFICATION
Baby rompers; hats; hooded sweat shirts; jackets; pants; shorts;
socks; sweat shirts; t-shirts; tank tops; underwear; long sleeve
and short sleeve t-shirts
FILING BASIS SECTION 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
\\TICRS\EXPORT16\IMAGEOUT
SPECIMEN FILE NAME(S)16\868\792\86879292\xml1\ RFA0003.JPG
SPECIMEN DESCRIPTION digitally scanned photograph of product
CORRESPONDENCE INFORMATION
NAME BigBoyMusic, Inc
STREET 21282 Braxfield Loop
CITY Estero
STATE Florida
COUNTRY United States
ZIP/POSTAL CODE 33928
*EMAIL ADDRESS [email protected]
*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
APPLICATION FILING OPTION TEAS RF
NUMBER OF CLASSES 1
FEE PER CLASS 275
*TOTAL FEE DUE 275
*TOTAL FEE PAID 275
SIGNATURE INFORMATION
SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239-287-2517
DATE SIGNED 01/18/2016
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 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2018)
Trademark/Service Mark Application, Principal Register
Serial Number: 86879292
Filing Date: 01/19/2016
To the Commissioner for Trademarks:
MARK: Someone In Texas Loves Me!! (Standard Characters, see mark)
The literal element of the mark consists of Someone In Texas Loves Me!!.
The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, BigBoyMusic, Inc, a corporation of Florida, having an address of
21282 Braxfield Loop
Estero, Florida 33928
United States
XXXX
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
International Class 025: Baby rompers; hats; hooded sweat shirts; jackets; pants; shorts; socks; sweat shirts; t-shirts; tank tops; underwear;
long sleeve and short sleeve t-shirts
In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at
least as early as 00/00/2007, and first used in commerce at least as early as 00/00/2007, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
goods/services, consisting of a(n) digitally scanned photograph of product.
Specimen File1
The applicant's current Correspondence Information:
BigBoyMusic, Inc
21282 Braxfield Loop
Estero, Florida 33928
[email protected] (authorized)
E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney
at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's
attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to
do so will result in an additional processing fee of $50 per international class of goods/services.
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the
trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the
application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed
an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a
bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory
believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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
of such other persons, to cause confusion or mistake, or to deceive. 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 any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all
statements made on information and belief are believed to be true.
Declaration Signature
Signature: /Maarten Peters/ Date: 01/18/2016
Signatory's Name: Maarten Peters
Signatory's Position: President
RAM Sale Number: 86879292
RAM Accounting Date: 01/19/2016
Serial Number: 86879292
Internet Transmission Date: Tue Jan 19 12:05:54 EST 2016
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2016011912055465
9098-86879292-55089e9244f18b993fb73d07fb
4529cfa8f47674d2149f4ac91d6a881cef86db1b
-CC-16287-20160115165425833208
EXHIBIT B
EXHIBIT C
To: BigBoyMusic, Inc ([email protected])
Subject: U.S. TRADEMARK APPLICATION NO. 86389877 - SOMEONE IN NEW YORK LOVES ME!! - N/A
Sent: 12/19/2014 4:03:57 PM
Sent As: [email protected]
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86389877
MARK: SOMEONE IN NEW YORK LOVES ME!!
*86389877*CORRESPONDENT ADDRESS:
BIGBOYMUSIC, INC
21282 BRAXFIELD LOOP
ESTERO, FL 33928-3262
CLICK HERE TO RESPOND TO THIS LETTER:
http://www.uspto.gov/trademarks/teas/response_forms.jsp
VIEW YOUR APPLICATION FILE
APPLICANT: BigBoyMusic, Inc
CORRESPONDENT’S REFERENCE/DOCKET NO :
N/A
CORRESPONDENT E-MAIL ADDRESS:
OFFICE ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 12/19/2014
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to
the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
No Conflicting Marks
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Refusal – Mark is Ornamental
Registration is refused because the applied-for mark as used on the specimen of record (1) is merely a decorative or ornamental feature of
applicant’s clothing; and (2) does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish
applicant’s clothing from others. Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see In re Lululemon Athletica Can. Inc.,
105 USPQ2d 1684, 1689 (TTAB 2013); In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993); TMEP §§904.07(b), 1202.03 et seq.
When evaluating a mark that appears to be ornamental, the size, location, dominance, and significance of the alleged mark as applied to the goods
are all relevant factors in determining the commercial impression of the applied-for mark. See, e.g., In re Lululemon Athletica Can. Inc., 105
USPQ2d at 1687 (quoting In re Right-On Co., 87 USPQ2d 1152, 1156 (TTAB 2008)); In re Dimitri’s Inc ., 9 USPQ2d 1666, 1667 (TTAB
1988); TMEP §1202.03(a).
With respect to clothing, consumers may recognize small designs or discrete wording as trademarks, rather than as merely ornamental features,
when located, for example, on the pocket or breast area of a shirt. See TMEP §1202.03(a). Consumers may not, however, perceive larger
designs or slogans as trademarks when such matter is prominently displayed across the front of a t-shirt. See In re Pro-Line Corp., 28 USPQ2d at
1142 (holding BLACKER THE COLLEGE SWEETER THE KNOWLEDGE centered in large letters across most of the upper half of a shirt, to
be a primarily ornamental slogan that was not likely to be perceived as a source indicator); In re Dimitri’s Inc. , 9 USPQ2d at 1667-68 (holding
SUMO used in connection with stylized depictions of sumo wrestlers and displayed in large lettering across the top-center portion of t-shirts and
caps, to be an ornamental feature of the goods that did not function as a trademark); TMEP §1202.03(a), (b), (f)(i), (f)(ii).
In this case, the submitted specimen shows the applied-for mark, SOMEONE IN NEW YORK LOVES ME!!, located directly on front of the
clothing and covering most of the front surface, where ornamental elements often appear. See TMEP §1202.03(a), (b). Furthermore, the mark is
displayed in a relatively large size on the clothing such that it dominates the overall appearance of the goods. Lastly, the applied-for mark
appears to be a slogan that is merely decorative and has little or no particular source-identifying significance.
Therefore, consumers would view the applied-for mark as a decorative or ornamental feature of the goods, rather than as a trademark to indicate
the source of applicant’s goods and to distinguish them from others.
In appropriate circumstances, applicant may overcome this refusal by satisfying one of the following options:
(1) Submit a different specimen (a verified “substitute” specimen) that was in actual use in commerce at least as early as the filing date of the
application (or prior to the filing of an amendment to allege use) and that shows proper trademark use for the identified goods in International
Class 25. Examples of acceptable specimens that show non-ornamental use on clothing include hang tags and labels used inside a garment.
(2) Amend to the Supplemental Register, which is a second trademark register for marks not yet eligible for registration on the Principal
Register, but which may become capable over time of functioning as source indicators.
(3) Claim acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become distinctive
of applicant’s goods; that is, proof that applicant’s extensive use and promotion of the mark allowed consumers now directly to associate the
mark with applicant as the source of the goods.
(4) Submit evidence that the applied-for mark is an indicator of secondary source; that is, proof that the mark is already recognized as a
source indicator for other goods or services that applicant sells/offers.
(5) Amend the filing basis to intent to use under Section 1(b). This option will later necessitate additional fee(s) and filing requirements.
For an overview of all response options referenced above and instructions on how to satisfy each option online using the Trademark Electronic
Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/ornamentalclothing.jsp.
TEAS PLUS APPLICANTS – TO MAINTAIN REDUCED FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING
SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus application form must
(1) continue to submit certain documents online using TEAS, including responses to Office actions (see TMEP §819.02(b) for a complete list of
these documents); (2) accept correspondence from the USPTO via e-mail throughout the examination process; and (3) maintain a valid e-mail
address. See 37 C.F.R. §2.23(a)(1), (a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these three requirements must
submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. However, in certain
situations, authorizing an examiner’s amendment by telephone will not incur this additional fee.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail
communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this
Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further,
although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office
action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
Thank you,
/Michael Webster/
Michael Webster
Examining Attorney
Law Office 102
571-272-9266
TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the
issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.
For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned
trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an
applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the
response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking
status, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
To: BigBoyMusic, Inc ([email protected])
Subject: U.S. TRADEMARK APPLICATION NO. 86389877 - SOMEONE IN NEW YORK LOVES ME!! - N/A
Sent: 12/19/2014 4:03:58 PM
Sent As: [email protected]
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
IMPORTANT NOTICE REGARDING YOUR
U.S. TRADEMARK APPLICATION
USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
ON 12/19/2014 FOR U.S. APPLICATION SERIAL NO. 86389877
Your trademark application has been reviewed. The trademark examining attorney assigned by the USPTO to your application has written an
official letter to which you must respond. Please follow these steps:
(1) READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking
on “Documents.”
The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
hours of this e-mail notification.
(2) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 12/19/2014, using the Trademark Electronic
Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.
Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
responses to Office actions.
(3) QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your
application, identified below.
/Michael Webster/
Michael Webster
Examining Attorney
Law Office 102
571-272-9266
WARNING
Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For
more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are
using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay
“fees.”
Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States
To: BigBoyMusic, Inc ([email protected])
Subject: U.S. TRADEMARK APPLICATION NO. 86389859 - SOMEONE IN BOSTON LOVES ME!! - N/A
Sent: 12/19/2014 4:03:25 PM
Sent As: [email protected]
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86389859
MARK: SOMEONE IN BOSTON LOVES ME!!
*86389859*CORRESPONDENT ADDRESS:
BIGBOYMUSIC, INC
21282 BRAXFIELD LOOP
ESTERO, FL 33928-3262
CLICK HERE TO RESPOND TO THIS LETTER:
http://www.uspto.gov/trademarks/teas/response_forms.jsp
VIEW YOUR APPLICATION FILE
APPLICANT: BigBoyMusic, Inc
CORRESPONDENT’S REFERENCE/DOCKET NO :
N/A
CORRESPONDENT E-MAIL ADDRESS:
OFFICE ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 12/19/2014
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to
the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
No Conflicting Marks
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Refusal – Mark is Ornamental
Registration is refused because the applied-for mark as used on the specimen of record (1) is merely a decorative or ornamental feature of
applicant’s clothing; and (2) does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish
applicant’s clothing from others. Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see In re Lululemon Athletica Can. Inc.,
105 USPQ2d 1684, 1689 (TTAB 2013); In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993); TMEP §§904.07(b), 1202.03 et seq.
When evaluating a mark that appears to be ornamental, the size, location, dominance, and significance of the alleged mark as applied to the goods
are all relevant factors in determining the commercial impression of the applied-for mark. See, e.g., In re Lululemon Athletica Can. Inc., 105
USPQ2d at 1687 (quoting In re Right-On Co., 87 USPQ2d 1152, 1156 (TTAB 2008)); In re Dimitri’s Inc ., 9 USPQ2d 1666, 1667 (TTAB
1988); TMEP §1202.03(a).
With respect to clothing, consumers may recognize small designs or discrete wording as trademarks, rather than as merely ornamental features,
when located, for example, on the pocket or breast area of a shirt. See TMEP §1202.03(a). Consumers may not, however, perceive larger
designs or slogans as trademarks when such matter is prominently displayed across the front of a t-shirt. See In re Pro-Line Corp., 28 USPQ2d at
1142 (holding BLACKER THE COLLEGE SWEETER THE KNOWLEDGE centered in large letters across most of the upper half of a shirt, to
be a primarily ornamental slogan that was not likely to be perceived as a source indicator); In re Dimitri’s Inc. , 9 USPQ2d at 1667-68 (holding
SUMO used in connection with stylized depictions of sumo wrestlers and displayed in large lettering across the top-center portion of t-shirts and
caps, to be an ornamental feature of the goods that did not function as a trademark); TMEP §1202.03(a), (b), (f)(i), (f)(ii).
In this case, the submitted specimen shows the applied-for mark, SOMEONE IN BOSTON LOVES ME!!, located directly on front of the
clothing and covering most of the front surface, where ornamental elements often appear. See TMEP §1202.03(a), (b). Furthermore, the mark is
displayed in a relatively large size on the clothing such that it dominates the overall appearance of the goods. Lastly, the applied-for mark
appears to be a slogan that is merely decorative and has little or no particular source-identifying significance.
Therefore, consumers would view the applied-for mark as a decorative or ornamental feature of the goods, rather than as a trademark to indicate
the source of applicant’s goods and to distinguish them from others.
In appropriate circumstances, applicant may overcome this refusal by satisfying one of the following options:
(1) Submit a different specimen (a verified “substitute” specimen) that was in actual use in commerce at least as early as the filing date of the
application (or prior to the filing of an amendment to allege use) and that shows proper trademark use for the identified goods in International
Class 25. Examples of acceptable specimens that show non-ornamental use on clothing include hang tags and labels used inside a garment.
(2) Amend to the Supplemental Register, which is a second trademark register for marks not yet eligible for registration on the Principal
Register, but which may become capable over time of functioning as source indicators.
(3) Claim acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become distinctive
of applicant’s goods; that is, proof that applicant’s extensive use and promotion of the mark allowed consumers now directly to associate the
mark with applicant as the source of the goods.
(4) Submit evidence that the applied-for mark is an indicator of secondary source; that is, proof that the mark is already recognized as a
source indicator for other goods or services that applicant sells/offers.
(5) Amend the filing basis to intent to use under Section 1(b). This option will later necessitate additional fee(s) and filing requirements.
For an overview of all response options referenced above and instructions on how to satisfy each option online using the Trademark Electronic
Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/ornamentalclothing.jsp.
TEAS PLUS APPLICANTS – TO MAINTAIN REDUCED FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING
SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus application form must
(1) continue to submit certain documents online using TEAS, including responses to Office actions (see TMEP §819.02(b) for a complete list of
these documents); (2) accept correspondence from the USPTO via e-mail throughout the examination process; and (3) maintain a valid e-mail
address. See 37 C.F.R. §2.23(a)(1), (a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these three requirements must
submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. However, in certain
situations, authorizing an examiner’s amendment by telephone will not incur this additional fee.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail
communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this
Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further,
although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office
action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
Thank you,
/Michael Webster/
Michael Webster
Examining Attorney
Law Office 102
571-272-9266
TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the
issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.
For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned
trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an
applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the
response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking
status, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
To: BigBoyMusic, Inc ([email protected])
Subject: U.S. TRADEMARK APPLICATION NO. 86389859 - SOMEONE IN BOSTON LOVES ME!! - N/A
Sent: 12/19/2014 4:03:26 PM
Sent As: [email protected]
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
IMPORTANT NOTICE REGARDING YOUR
U.S. TRADEMARK APPLICATION
USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
ON 12/19/2014 FOR U.S. APPLICATION SERIAL NO. 86389859
Your trademark application has been reviewed. The trademark examining attorney assigned by the USPTO to your application has written an
official letter to which you must respond. Please follow these steps:
(1) READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking
on “Documents.”
The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
hours of this e-mail notification.
(2) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 12/19/2014, using the Trademark Electronic
Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.
Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
responses to Office actions.
(3) QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your
application, identified below.
/Michael Webster/
Michael Webster
Examining Attorney
Law Office 102
571-272-9266
WARNING
Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For
more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are
using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay
“fees.”
Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States
To: BigBoyMusic, Inc ([email protected])
Subject: U.S. TRADEMARK APPLICATION NO. 86389882 - SOMEONE IN FLORIDA LOVES ME!! - N/A
Sent: 12/19/2014 4:04:28 PM
Sent As: [email protected]
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86389882
MARK: SOMEONE IN FLORIDA LOVES ME!!
*86389882*CORRESPONDENT ADDRESS:
BIGBOYMUSIC, INC
21282 BRAXFIELD LOOP
ESTERO, FL 33928-3262
CLICK HERE TO RESPOND TO THIS LETTER:
http://www.uspto.gov/trademarks/teas/response_forms.jsp
VIEW YOUR APPLICATION FILE
APPLICANT: BigBoyMusic, Inc
CORRESPONDENT’S REFERENCE/DOCKET NO :
N/A
CORRESPONDENT E-MAIL ADDRESS:
OFFICE ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 12/19/2014
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to
the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
No Conflicting Marks
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Refusal – Mark is Ornamental
Registration is refused because the applied-for mark as used on the specimen of record (1) is merely a decorative or ornamental feature of
applicant’s clothing; and (2) does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish
applicant’s clothing from others. Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see In re Lululemon Athletica Can. Inc.,
105 USPQ2d 1684, 1689 (TTAB 2013); In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993); TMEP §§904.07(b), 1202.03 et seq.
When evaluating a mark that appears to be ornamental, the size, location, dominance, and significance of the alleged mark as applied to the goods
are all relevant factors in determining the commercial impression of the applied-for mark. See, e.g., In re Lululemon Athletica Can. Inc., 105
USPQ2d at 1687 (quoting In re Right-On Co., 87 USPQ2d 1152, 1156 (TTAB 2008)); In re Dimitri’s Inc ., 9 USPQ2d 1666, 1667 (TTAB
1988); TMEP §1202.03(a).
With respect to clothing, consumers may recognize small designs or discrete wording as trademarks, rather than as merely ornamental features,
when located, for example, on the pocket or breast area of a shirt. See TMEP §1202.03(a). Consumers may not, however, perceive larger
designs or slogans as trademarks when such matter is prominently displayed across the front of a t-shirt. See In re Pro-Line Corp., 28 USPQ2d at
1142 (holding BLACKER THE COLLEGE SWEETER THE KNOWLEDGE centered in large letters across most of the upper half of a shirt, to
be a primarily ornamental slogan that was not likely to be perceived as a source indicator); In re Dimitri’s Inc. , 9 USPQ2d at 1667-68 (holding
SUMO used in connection with stylized depictions of sumo wrestlers and displayed in large lettering across the top-center portion of t-shirts and
caps, to be an ornamental feature of the goods that did not function as a trademark); TMEP §1202.03(a), (b), (f)(i), (f)(ii).
In this case, the submitted specimen shows the applied-for mark, SOMEONE IN FLORIDA LOVES ME!!, located directly on front of the
clothing and covering most of the front surface, where ornamental elements often appear. See TMEP §1202.03(a), (b). Furthermore, the mark is
displayed in a relatively large size on the clothing such that it dominates the overall appearance of the goods. Lastly, the applied-for mark
appears to be a slogan that is merely decorative and has little or no particular source-identifying significance.
Therefore, consumers would view the applied-for mark as a decorative or ornamental feature of the goods, rather than as a trademark to indicate
the source of applicant’s goods and to distinguish them from others.
In appropriate circumstances, applicant may overcome this refusal by satisfying one of the following options:
(1) Submit a different specimen (a verified “substitute” specimen) that was in actual use in commerce at least as early as the filing date of the
application (or prior to the filing of an amendment to allege use) and that shows proper trademark use for the identified goods in International
Class 25. Examples of acceptable specimens that show non-ornamental use on clothing include hang tags and labels used inside a garment.
(2) Amend to the Supplemental Register, which is a second trademark register for marks not yet eligible for registration on the Principal
Register, but which may become capable over time of functioning as source indicators.
(3) Claim acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become distinctive
of applicant’s goods; that is, proof that applicant’s extensive use and promotion of the mark allowed consumers now directly to associate the
mark with applicant as the source of the goods.
(4) Submit evidence that the applied-for mark is an indicator of secondary source; that is, proof that the mark is already recognized as a
source indicator for other goods or services that applicant sells/offers.
(5) Amend the filing basis to intent to use under Section 1(b). This option will later necessitate additional fee(s) and filing requirements.
For an overview of all response options referenced above and instructions on how to satisfy each option online using the Trademark Electronic
Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/ornamentalclothing.jsp.
TEAS PLUS APPLICANTS – TO MAINTAIN REDUCED FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING
SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus application form must
(1) continue to submit certain documents online using TEAS, including responses to Office actions (see TMEP §819.02(b) for a complete list of
these documents); (2) accept correspondence from the USPTO via e-mail throughout the examination process; and (3) maintain a valid e-mail
address. See 37 C.F.R. §2.23(a)(1), (a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these three requirements must
submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. However, in certain
situations, authorizing an examiner’s amendment by telephone will not incur this additional fee.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail
communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this
Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further,
although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office
action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
Thank you,
/Michael Webster/
Michael Webster
Examining Attorney
Law Office 102
571-272-9266
TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the
issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.
For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned
trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an
applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the
response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking
status, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
To: BigBoyMusic, Inc ([email protected])
Subject: U.S. TRADEMARK APPLICATION NO. 86389882 - SOMEONE IN FLORIDA LOVES ME!! - N/A
Sent: 12/19/2014 4:04:29 PM
Sent As: [email protected]
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
IMPORTANT NOTICE REGARDING YOUR
U.S. TRADEMARK APPLICATION
USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
ON 12/19/2014 FOR U.S. APPLICATION SERIAL NO. 86389882
Your trademark application has been reviewed. The trademark examining attorney assigned by the USPTO to your application has written an
official letter to which you must respond. Please follow these steps:
(1) READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking
on “Documents.”
The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
hours of this e-mail notification.
(2) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 12/19/2014, using the Trademark Electronic
Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.
Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
responses to Office actions.
(3) QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your
application, identified below.
/Michael Webster/
Michael Webster
Examining Attorney
Law Office 102
571-272-9266
WARNING
Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For
more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are
using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay
“fees.”
Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States
To: BigBoyMusic, Inc ([email protected])
Subject: U.S. TRADEMARK APPLICATION NO. 86389891 - SOMEONE IN CALIFORNIA LOVES ME!! - N/A
Sent: 12/19/2014 4:03:02 PM
Sent As: [email protected]
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86389891
MARK: SOMEONE IN CALIFORNIA LOVES ME!!
*86389891*CORRESPONDENT ADDRESS:
BIGBOYMUSIC, INC
21282 BRAXFIELD LOOP
ESTERO, FL 33928-3262
CLICK HERE TO RESPOND TO THIS LETTER:
http://www.uspto.gov/trademarks/teas/response_forms.jsp
VIEW YOUR APPLICATION FILE
APPLICANT: BigBoyMusic, Inc
CORRESPONDENT’S REFERENCE/DOCKET NO :
N/A
CORRESPONDENT E-MAIL ADDRESS:
OFFICE ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 12/19/2014
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to
the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
No Conflicting Marks
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Refusal – Mark is Ornamental
Registration is refused because the applied-for mark as used on the specimen of record (1) is merely a decorative or ornamental feature of
applicant’s clothing; and (2) does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish
applicant’s clothing from others. Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see In re Lululemon Athletica Can. Inc.,
105 USPQ2d 1684, 1689 (TTAB 2013); In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993); TMEP §§904.07(b), 1202.03 et seq.
When evaluating a mark that appears to be ornamental, the size, location, dominance, and significance of the alleged mark as applied to the goods
are all relevant factors in determining the commercial impression of the applied-for mark. See, e.g., In re Lululemon Athletica Can. Inc., 105
USPQ2d at 1687 (quoting In re Right-On Co., 87 USPQ2d 1152, 1156 (TTAB 2008)); In re Dimitri’s Inc ., 9 USPQ2d 1666, 1667 (TTAB
1988); TMEP §1202.03(a).
With respect to clothing, consumers may recognize small designs or discrete wording as trademarks, rather than as merely ornamental features,
when located, for example, on the pocket or breast area of a shirt. See TMEP §1202.03(a). Consumers may not, however, perceive larger
designs or slogans as trademarks when such matter is prominently displayed across the front of a t-shirt. See In re Pro-Line Corp., 28 USPQ2d at
1142 (holding BLACKER THE COLLEGE SWEETER THE KNOWLEDGE centered in large letters across most of the upper half of a shirt, to
be a primarily ornamental slogan that was not likely to be perceived as a source indicator); In re Dimitri’s Inc. , 9 USPQ2d at 1667-68 (holding
SUMO used in connection with stylized depictions of sumo wrestlers and displayed in large lettering across the top-center portion of t-shirts and
caps, to be an ornamental feature of the goods that did not function as a trademark); TMEP §1202.03(a), (b), (f)(i), (f)(ii).
In this case, the submitted specimen shows the applied-for mark, SOMEONE IN CALIFORNIA LOVES ME!!, located directly on front of the
clothing and covering most of the front surface, where ornamental elements often appear. See TMEP §1202.03(a), (b). Furthermore, the mark is
displayed in a relatively large size on the clothing such that it dominates the overall appearance of the goods. Lastly, the applied-for mark
appears to be a slogan that is merely decorative and has little or no particular source-identifying significance.
Therefore, consumers would view the applied-for mark as a decorative or ornamental feature of the goods, rather than as a trademark to indicate
the source of applicant’s goods and to distinguish them from others.
In appropriate circumstances, applicant may overcome this refusal by satisfying one of the following options:
(1) Submit a different specimen (a verified “substitute” specimen) that was in actual use in commerce at least as early as the filing date of the
application (or prior to the filing of an amendment to allege use) and that shows proper trademark use for the identified goods in International
Class 25. Examples of acceptable specimens that show non-ornamental use on clothing include hang tags and labels used inside a garment.
(2) Amend to the Supplemental Register, which is a second trademark register for marks not yet eligible for registration on the Principal
Register, but which may become capable over time of functioning as source indicators.
(3) Claim acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become distinctive
of applicant’s goods; that is, proof that applicant’s extensive use and promotion of the mark allowed consumers now directly to associate the
mark with applicant as the source of the goods.
(4) Submit evidence that the applied-for mark is an indicator of secondary source; that is, proof that the mark is already recognized as a
source indicator for other goods or services that applicant sells/offers.
(5) Amend the filing basis to intent to use under Section 1(b). This option will later necessitate additional fee(s) and filing requirements.
For an overview of all response options referenced above and instructions on how to satisfy each option online using the Trademark Electronic
Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/ornamentalclothing.jsp.
TEAS PLUS APPLICANTS – TO MAINTAIN REDUCED FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING
SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus application form must
(1) continue to submit certain documents online using TEAS, including responses to Office actions (see TMEP §819.02(b) for a complete list of
these documents); (2) accept correspondence from the USPTO via e-mail throughout the examination process; and (3) maintain a valid e-mail
address. See 37 C.F.R. §2.23(a)(1), (a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these three requirements must
submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. However, in certain
situations, authorizing an examiner’s amendment by telephone will not incur this additional fee.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail
communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this
Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further,
although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office
action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
Thank you,
/Michael Webster/
Michael Webster
Examining Attorney
Law Office 102
571-272-9266
TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the
issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.
For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned
trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an
applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the
response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking
status, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
To: BigBoyMusic, Inc ([email protected])
Subject: U.S. TRADEMARK APPLICATION NO. 86389891 - SOMEONE IN CALIFORNIA LOVES ME!! - N/A
Sent: 12/19/2014 4:03:03 PM
Sent As: [email protected]
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
IMPORTANT NOTICE REGARDING YOUR
U.S. TRADEMARK APPLICATION
USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
ON 12/19/2014 FOR U.S. APPLICATION SERIAL NO. 86389891
Your trademark application has been reviewed. The trademark examining attorney assigned by the USPTO to your application has written an
official letter to which you must respond. Please follow these steps:
(1) READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking
on “Documents.”
The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
hours of this e-mail notification.
(2) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 12/19/2014, using the Trademark Electronic
Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.
Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
responses to Office actions.
(3) QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your
application, identified below.
/Michael Webster/
Michael Webster
Examining Attorney
Law Office 102
571-272-9266
WARNING
Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For
more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are
using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay
“fees.”
Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States
EXHIBIT D
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)
Response to Office Action
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 86389877
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION
MARK http://tsdr.uspto.gov/img/86389877/large
LITERAL ELEMENT SOMEONE IN NEW YORK LOVES ME!!
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font style,
size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 025
DESCRIPTION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-
shirts; Tank tops; Underwear
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 025
DESCRIPTION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-
shirts; Tank tops; Underwear
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
STATEMENT TYPE
"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
FILE NAME(S)\\TICRS\EXPORT16\IMAGEOUT 16\863\898\86389877\xml4\ ROA0002.JPG
SPECIMEN DESCRIPTIONphotographed picture of actual screen printed tag displaying the mark in relation to
the actual goods provided
SIGNATURE SECTION
DECLARATION SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239 287 2517
DATE SIGNED 06/08/2015
RESPONSE SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239 287 2517
DATE SIGNED 06/08/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 08 13:12:31 EDT 2015
TEAS STAMP
USPTO/ROA-XX.XXX.XX.XXX-2
0150608131231316358-86389
877-530dc797978acc693f6da
66065791ae3b4581d6c737d40
a4d2d91a22cec7309d-N/A-N/
A-20150605142026329254
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)
Response to Office Action
To the Commissioner for Trademarks:
Application serial no. 86389877 SOMEONE IN NEW YORK LOVES ME!!(Standard Characters, see http://tsdr.uspto.gov/img/86389877/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 Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , and is now in use in such commerce.
Proposed: Class 025 for Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , 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 photographed picture of actual screen
printed tag displaying the mark in relation to the actual goods provided .
"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
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. Section 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 amendment to allege use (AAU) unsigned, all
statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application
or AAU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section
1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service
mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the
mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and
such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the
mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU;
and to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or
mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in
commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the
applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of
the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to
deceive.
Signature: /Maarten Peters/ Date: 06/08/2015
Signatory's Name: Maarten Peters
Signatory's Position: President
Signatory's Phone Number: 239 287 2517
Response Signature
Signature: /Maarten Peters/ Date: 06/08/2015
Signatory's Name: Maarten Peters
Signatory's Position: President
Signatory's Phone Number: 239 287 2517
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 applicant or (2) a person(s) with legal authority to bind the applicant; 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: 86389877
Internet Transmission Date: Mon Jun 08 13:12:31 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015060813123131
6358-86389877-530dc797978acc693f6da66065
791ae3b4581d6c737d40a4d2d91a22cec7309d-N
/A-N/A-20150605142026329254
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)
Response to Office Action
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 86389859
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION
MARK http://tsdr.uspto.gov/img/86389859/large
LITERAL ELEMENT SOMEONE IN BOSTON LOVES ME!!
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font style,
size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 025
DESCRIPTION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-
shirts; Tank tops; Underwear
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 025
DESCRIPTION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-
shirts; Tank tops; Underwear
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
STATEMENT TYPE
"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
FILE NAME(S)\\TICRS\EXPORT16\IMAGEOUT 16\863\898\86389859\xml4\ ROA0002.JPG
SPECIMEN DESCRIPTIONphotographed picture of actual screen printed tag displaying the mark in relation to
the actual goods provided
SIGNATURE SECTION
DECLARATION SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239 287 2517
DATE SIGNED 06/08/2015
RESPONSE SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239 287 2517
DATE SIGNED 06/08/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 08 13:12:39 EDT 2015
TEAS STAMP
USPTO/ROA-XX.XXX.XX.XXX-2
0150608131239052078-86389
859-530c22187ba682823c25e
dec53a60ddc6ecb9116e2cbbc
86e98fefa7123aaa1-N/A-N/A
-20150605142337841173
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)
Response to Office Action
To the Commissioner for Trademarks:
Application serial no. 86389859 SOMEONE IN BOSTON LOVES ME!!(Standard Characters, see http://tsdr.uspto.gov/img/86389859/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 Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , and is now in use in such commerce.
Proposed: Class 025 for Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , 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 photographed picture of actual screen
printed tag displaying the mark in relation to the actual goods provided .
"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
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. Section 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 amendment to allege use (AAU) unsigned, all
statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application
or AAU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section
1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service
mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the
mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and
such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the
mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU;
and to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or
mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in
commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the
applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of
the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to
deceive.
Signature: /Maarten Peters/ Date: 06/08/2015
Signatory's Name: Maarten Peters
Signatory's Position: President
Signatory's Phone Number: 239 287 2517
Response Signature
Signature: /Maarten Peters/ Date: 06/08/2015
Signatory's Name: Maarten Peters
Signatory's Position: President
Signatory's Phone Number: 239 287 2517
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 applicant or (2) a person(s) with legal authority to bind the applicant; 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: 86389859
Internet Transmission Date: Mon Jun 08 13:12:39 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015060813123905
2078-86389859-530c22187ba682823c25edec53
a60ddc6ecb9116e2cbbc86e98fefa7123aaa1-N/
A-N/A-20150605142337841173
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)
Response to Office Action
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 86389882
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION
MARK http://tsdr.uspto.gov/img/86389882/large
LITERAL ELEMENT SOMEONE IN FLORIDA LOVES ME!!
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font style,
size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 025
DESCRIPTION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-
shirts; Tank tops; Underwear
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 025
DESCRIPTION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-
shirts; Tank tops; Underwear
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
STATEMENT TYPE
"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
FILE NAME(S)\\TICRS\EXPORT16\IMAGEOUT 16\863\898\86389882\xml4\ ROA0002.JPG
SPECIMEN DESCRIPTIONphotographed picture of actual screen printed tag displaying the mark in relation to
the actual goods provided
SIGNATURE SECTION
DECLARATION SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239 287 2517
DATE SIGNED 06/08/2015
RESPONSE SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239 287 2517
DATE SIGNED 06/08/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 08 13:12:10 EDT 2015
TEAS STAMP
USPTO/ROA-XX.XXX.XX.XXX-2
0150608131210981478-86389
882-53016c07a7c5347aee9a5
84e2d4c5f0ff6def19512de26
8c4cb5c481f66d81689bd-N/A
-N/A-20150605141648093516
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)
Response to Office Action
To the Commissioner for Trademarks:
Application serial no. 86389882 SOMEONE IN FLORIDA LOVES ME!!(Standard Characters, see http://tsdr.uspto.gov/img/86389882/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 Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , and is now in use in such commerce.
Proposed: Class 025 for Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , 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 photographed picture of actual screen
printed tag displaying the mark in relation to the actual goods provided .
"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
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. Section 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 amendment to allege use (AAU) unsigned, all
statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application
or AAU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section
1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service
mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the
mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and
such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the
mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU;
and to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or
mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in
commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the
applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of
the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to
deceive.
Signature: /Maarten Peters/ Date: 06/08/2015
Signatory's Name: Maarten Peters
Signatory's Position: President
Signatory's Phone Number: 239 287 2517
Response Signature
Signature: /Maarten Peters/ Date: 06/08/2015
Signatory's Name: Maarten Peters
Signatory's Position: President
Signatory's Phone Number: 239 287 2517
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 applicant or (2) a person(s) with legal authority to bind the applicant; 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: 86389882
Internet Transmission Date: Mon Jun 08 13:12:10 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015060813121098
1478-86389882-53016c07a7c5347aee9a584e2d
4c5f0ff6def19512de268c4cb5c481f66d81689b
d-N/A-N/A-20150605141648093516
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)
Response to Office Action
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 86389891
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION
MARK http://tsdr.uspto.gov/img/86389891/large
LITERAL ELEMENT SOMEONE IN CALIFORNIA LOVES ME!!
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font style,
size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 025
DESCRIPTION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-
shirts; Tank tops; Underwear
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 025
DESCRIPTION
Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-
shirts; Tank tops; Underwear
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 00/00/2007
FIRST USE IN COMMERCE DATE At least as early as 00/00/2007
STATEMENT TYPE
"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
FILE NAME(S)\\TICRS\EXPORT16\IMAGEOUT 16\863\898\86389891\xml4\ ROA0002.JPG
SPECIMEN DESCRIPTIONphotographed picture of actual screen printed tag displaying the mark in relation to
the actual goods provided
SIGNATURE SECTION
DECLARATION SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239 287 2517
DATE SIGNED 06/08/2015
RESPONSE SIGNATURE /Maarten Peters/
SIGNATORY'S NAME Maarten Peters
SIGNATORY'S POSITION President
SIGNATORY'S PHONE NUMBER 239 287 2517
DATE SIGNED 06/08/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 08 13:11:53 EDT 2015
TEAS STAMP
USPTO/ROA-XX.XXX.XX.XXX-2
0150608131153414128-86389
891-530485968123643f14719
8b8d8e672154d4cf930cb6b3f
506b9356f6b8f23c7b-N/A-N/
A-20150605140913043866
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)
Response to Office Action
To the Commissioner for Trademarks:
Application serial no. 86389891 SOMEONE IN CALIFORNIA LOVES ME!!(Standard Characters, see
http://tsdr.uspto.gov/img/86389891/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 Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , and is now in use in such commerce.
Proposed: Class 025 for Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;
Socks; Sweat shirts; T-shirts; Tank tops; Underwear
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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , 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 photographed picture of actual screen
printed tag displaying the mark in relation to the actual goods provided .
"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
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. Section 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 amendment to allege use (AAU) unsigned, all
statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application
or AAU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section
1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service
mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the
mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and
such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the
mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU;
and to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or
mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in
commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the
applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of
the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to
deceive.
Signature: /Maarten Peters/ Date: 06/08/2015
Signatory's Name: Maarten Peters
Signatory's Position: President
Signatory's Phone Number: 239 287 2517
Response Signature
Signature: /Maarten Peters/ Date: 06/08/2015
Signatory's Name: Maarten Peters
Signatory's Position: President
Signatory's Phone Number: 239 287 2517
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 applicant or (2) a person(s) with legal authority to bind the applicant; 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: 86389891
Internet Transmission Date: Mon Jun 08 13:11:53 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015060813115341
4128-86389891-530485968123643f147198b8d8
e672154d4cf930cb6b3f506b9356f6b8f23c7b-N
/A-N/A-20150605140913043866
EXHIBIT E
EXHIBIT F