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
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION (current)
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR(S) CLAIMED
`(If applicable)
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`MARK SECTION (proposed)
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR MARK
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`PIXEL COUNT ACCEPTABLE
`
`PIXEL COUNT
`
`EVIDENCE SECTION
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)EVIDENCE FILE NAME(S)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)ORIGINAL PDF FILE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)CONVERTED PDF FILE(S)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(5 pages)
`
`86099458
`
`LAW OFFICE 114
`
`http://tsdr.uspto.gov/img/86099458/large
`
`A LIST
`
`NO
`
`NO
`
`Color is not claimed as a feature of the mark.
`
`The mark consists of The word A LiST with a star above the letter i.
`
`\\TICRS\EXPORT16\IMAGEOUT 16\860\994\86099458\xml5\ ROA0002.JPG
`
`A LIST
`
`NO
`
`NO
`
`NO
`
`The mark consists of the wording ALIST with a mirror image of the wording above
`the wording with a star design in the middle of the mark for the dot in the letter I.
`
`NO
`
`320 x 242
`
`evi_73394320-205953922_._ALIST-Response.pdf
`
`\\TICRS\EXPORT16\IMAGEOUT16\860\994\86099458\xml5\ROA0003.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\860\994\86099458\xml5\ROA0004.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\860\994\86099458\xml5\ROA0005.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\860\994\86099458\xml5\ROA0006.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\860\994\86099458\xml5\ROA0007.JPG
`
`DESCRIPTION OF EVIDENCE FILE
`
`My written arguments to the letter sent by the Attorney Keam
`
`GOODS AND/OR SERVICES SECTION (018)(current)
`
`INTERNATIONAL CLASS
`
`018
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`DESCRIPTION
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE IN COMMERCE DATE
`
`Handbags
`
`Section 1(a)
`
`At least as early as 08/20/2013
`
`At least as early as 08/22/2013
`
`GOODS AND/OR SERVICES SECTION (018)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE IN COMMERCE DATE
`
`018
`
`Handbags
`
`Section 1(a)
`
`At least as early as 08/20/2013
`
`At least as early as 08/22/2013
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)STATEMENT TYPE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FILE NAME(S)
`
`"The substitute (or new, or originally submitted, if appropriate) specimen(s)
`was/were in use in commerce at least as early as the filing date of the
`application"[for an application based on Section 1(a), Use in Commerce] OR "
`The substitute (or new, or originally submitted, if appropriate) specimen(s)
`was/were in use in commerce prior either to the filing of the Amendment to
`Allege Use or expiration of the filing deadline for filing a Statement of Use" [for
`an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is
`a true copy of the specimen that was originally submitted with the application,
`amendment to allege use, or statement of use" [for an illegible specimen].
`
`\\TICRS\EXPORT16\IMAGEOUT 16\860\994\86099458\xml5\ ROA0008.JPG
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN DESCRIPTION
`
`hangtags that are sold with my handbags
`
`GOODS AND/OR SERVICES SECTION (025)(current)
`
`INTERNATIONAL CLASS
`
`025
`
`DESCRIPTION
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE IN COMMERCE DATE
`
`Headgear, namely, Caps; T-shirts
`
`Section 1(a)
`
`At least as early as 08/20/2013
`
`At least as early as 08/22/2013
`
`GOODS AND/OR SERVICES SECTION (025)(proposed)
`
`INTERNATIONAL CLASS
`
`025
`
`DESCRIPTION
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE IN COMMERCE DATE
`
`Headgear, namely, Caps; T-shirts
`
`Section 1(a)
`
`At least as early as 08/20/2013
`
`At least as early as 08/22/2013
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)STATEMENT TYPE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FILE NAME(S)
`
`"The substitute (or new, or originally submitted, if appropriate) specimen(s)
`was/were in use in commerce at least as early as the filing date of the
`application"[for an application based on Section 1(a), Use in Commerce] OR "
`The substitute (or new, or originally submitted, if appropriate) specimen(s)
`was/were in use in commerce prior either to the filing of the Amendment to
`Allege Use or expiration of the filing deadline for filing a Statement of Use" [for
`an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is
`a true copy of the specimen that was originally submitted with the application,
`amendment to allege use, or statement of use" [for an illegible specimen].
`
`\\TICRS\EXPORT16\IMAGEOUT 16\860\994\86099458\xml5\ ROA0009.JPG
`
`

`

`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN DESCRIPTION
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`hangtags that are on my clothes
`
`/CassandraMontgomery/
`
`Cassandra Montgomery
`
`Owner
`
`08/11/2014
`
`/CassandraMontgomery/
`
`Cassandra Montgomery
`
`Owner
`
`08/11/2014
`
`YES
`
`Mon Aug 11 21:20:00 EDT 2014
`
`USPTO/ROA-XX.XX.XX.XX-201
`40811212000053890-8609945
`8-50099d72198ff3e986f3215
`664eb8c4587bcdfb66c822469
`262ecb555add1a47-N/A-N/A-
`20140811205953922668
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86099458(cid:160)A LIST (Stylized and/or with Design, see http://tsdr.uspto.gov/img/86099458/large) has been amended as
`follows:
`
`MARK
`Applicant proposes to amend the mark as follows:
`Current: A LIST (Stylized and/or with Design, see http://tsdr.uspto.gov/img/86099458/large)
`Proposed: A LIST (Stylized and/or with Design, see mark)
`The applicant is not claiming color as a feature of the mark.
`The mark consists of the wording ALIST with a mirror image of the wording above the wording with a star design in the middle of the mark for
`the dot in the letter I.
`
`EVIDENCE
`Evidence in the nature of My written arguments to the letter sent by the Attorney Keam has been attached.
`Original PDF file:
`evi_73394320-205953922_._ALIST-Response.pdf
`Converted PDF file(s) ( 5 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`Evidence-5
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`
`

`

`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 018 for Handbags
`Original Filing Basis:
`Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 08/20/2013 and first used in commerce at least as early as 08/22/2013 , and is now in use in such commerce.
`
`Proposed: Class 018 for Handbags
`Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 08/20/2013 and first used in commerce at least as early as 08/22/2013 , and is now in use in such commerce.
`Applicant hereby submits one(or more) specimen(s) for Class 018 . The specimen(s) submitted consists of hangtags that are sold with my
`handbags .
`"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
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 025 for Headgear, namely, Caps; T-shirts
`Original Filing Basis:
`Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 08/20/2013 and first used in commerce at least as early as 08/22/2013 , and is now in use in such commerce.
`
`Proposed: Class 025 for Headgear, namely, Caps; T-shirts
`Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 08/20/2013 and first used in commerce at least as early as 08/22/2013 , 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 hangtags that are on my clothes .
`"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: /CassandraMontgomery/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 08/11/2014
`Signatory's Name: Cassandra Montgomery
`Signatory's Position: Owner
`
`Response Signature
`Signature: /CassandraMontgomery/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 08/11/2014
`Signatory's Name: Cassandra Montgomery
`Signatory's Position: Owner
`
`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: 86099458
`Internet Transmission Date: Mon Aug 11 21:20:00 EDT 2014
`TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201408112120000538
`90-86099458-50099d72198ff3e986f3215664eb
`8c4587bcdfb66c822469262ecb555add1a47-N/A
`-N/A-20140811205953922668
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`Serial No.:
`Trademark Atty:
`Word Mark:
`
`Montgomery, Cassandra
`86/099,458
`Alex S. Keam
`A LIST (stylized)
`
`RESPONSE TO FEBRUARY 11, 2014 OFFICE ACTION
`
`This Response is filed in reply to the Office Action e-mailed on February 11, 2014-. The
`
`Applicant respectfully submits the following response. Applicant submits that the above-
`
`identified trademark application for A LIST [stylized] is in condition for allowance to
`
`publication.
`
`Potential Section 2(d) — Likelihood of Confusion
`
`Applicant submits a preliminary response to the potential section 2[d) refusal; however,
`
`Applicant reserves all rights to provide a detailed and more descriptive response if Examining
`
`Attorney Alex Keam raises a Section 2[d] refusal in a subsequent Office Action.
`
`Applicant's Word Mark
`
`Cited Registered Mark
`
`W21
`ms:
`
`018: Handbags
`025: Headgear, namely, Caps; T—shirts
`
`014-: Iewelry
`018: Handbags, Purses and wallets;
`Luggage
`025: Shoes
`
`

`

`Reg. No. 42324-74-
`A-LIST BY ASHRO
`
`O25: Knit jackets; Knit shirts; Knit tops;
`Pants
`
`Reg. No. 4354234-
`A-LIST
`O25: T-Shirts
`
`Preliminary Response with Reservation ofRights
`
`The USPTO suggests that it will refuse registration of Applicant's mark, ALIST [stylized],
`
`“because of a likelihood of confusion with the above-cited registered marks. “[T]he question of
`
`confusion is related not to the nature of the mark but to its effect ‘when applied to the goods of
`
`the applicant."’ In re E. I. du Pontde Nemours & C0, 476 F.2d 1357,1360,177 USPQ 563, 566
`
`[C.C.P.A. 1973). The United States Court of Customs and Patent Appeals listed thirteen factors to
`
`weigh in the likelihood of confusion analysis and stated that all of the factors must be considered
`
`“when of record." Id. at 1361. The Examining Attorney has indicated that similarity of the marks,
`
`similarity of the goods and/or services, and similarity of trade channels of the goods and / or
`
`services weigh against the Applicant’s mark. However, Applicant respectfully asserts that when
`
`all factors are weighed, the majority weighs against the existence of a likelihood of confusion.
`
`A similar phrase found in two marks is not dispositive of a confusing similarity between
`
`the marks when the marks give off different commercial expressions. See Kellogg Co. v. Pack‘em
`
`Enterprises, Inc., 951 F.2d 330 (Fed. Cir. 1991). When the Applicant's mark is compared to the
`
`cited registrations the appearance is not similar.
`
`

`

`It is well known that a likelihood of confusion analysis requires that the marks in
`
`question be viewed in their entireties. In re Iolo Techs, LLC, 95 USPQ2d 1498, 14-99 [TTAB
`
`2010]. In the present case, the Applicant's mark includes significant stylized and design
`
`elements that create a significantly different commercial impression from the cited registrations.
`
`The significant differences that are incorporated in Applicant's mark include a star
`
`design, large prevalent stylization of the literary elements, and a dramatic reflection effect of the
`
`literary elements. None of the cited registrations share these elements, even after reviewing the
`
`specimens of use that are on the record.
`
`Two of the cited registrations include qualifiers of their origin, namely, THE ALIST BY
`
`AMBER and A-LIST BY ASHRO. These two marks expressly provide a substantial emphasis on
`
`their source. Therefore, the likelihood of confusion as to the source ofthese goods is low. These
`
`differences create a substantially different commercial impression among the marks in question.
`
`Applicant further asserts that the USPTO has found a mark capable of registration, even
`
`in cases where the marks are nearly identical and are covered under the same classification.
`
`Furthermore, courts have long held that the addition of different terms to a common element
`
`appreciably reduces the likelihood of confusion between two marks. See US Trust v. U.S. States
`
`Trust Co., 210 F. Supp. 2d 9, 27-28 (D. Mass 2002) [UNITED STATES TRUST COMPANY not
`
`confusingly similar to UNITED STATES TRUST COMPANY OF BOSTON, both for financial
`
`services); Colgate Palmolive Co. v. Carter—Wallace, Inc., 4-32 F.2d 14-00, 14-02, 167 U.S. P. Q. 529,
`
`530 [C.C.P.A. 1970) [PEAK PERIOD not confusing similar to PEAK); Servo Corp. Am. v. Servo—Tek
`
`

`

`Prod. Co., 289 F. 2d 955, 981 129 U.S.P.Q. 352, 353 [C.C.P.A.1961) [SERVOSPEED not confusingly
`
`similar to SERVO]; Sweats Fashions, Inc. v. Pannill Knitting Co., 833 F. 2d 1560, 1564-, 4- U.S.P.Q.
`
`2d 1793, 1796 (Fed. Cir. 1987] [SWEATS not confusing similar to ULTRA SWEATS], both for
`
`sportswear]; Gen. Mills Inc. V. Kellog Co., 824 F. 2d 622, 627, 3 U.S.P.Q. 2d 144-2, 1446 (8th Cir.
`
`1987) [OATMEAL RAISIN CRISP not confusingly similar to APPLE RAISIN CRISP, both for
`
`breakfast cereal]; Consol. Cigar V. RIR Tobacco Co., 4-91 F.2d 1265, 1267, 181 U.S.P.Q. 4-4, 4-5
`
`[C.C.P.A. 1974-) [DUTCH APPLE for pipe tobacco not confusingly similar to DUTCH MASTERS for
`
`cigars).
`
`When determining whether an Applicant's mark creates a likelihood of confusion, with
`
`marks covered by cited registrations "[a] showing of mere possibility of confusion is not enough;
`
`a substantial likelihood that the public will be confused must be shown." Omaha Natl. Bank, 633
`
`F. Supp. at 234, 229 U.S.P.Q. at 52. Applying the factors set forth in Du Pont, and absent
`
`“substantial doubt,” In re Mars, Inc., 741 F.2d 395, 396 222 U.S.P.Q. 938 (Fed. Cir. 1984-),
`
`registration of Applicant's mark is appropriate. For these reasons and others, the majority of
`
`these factors weigh against a finding of a likelihood of confusion. Applicant respectfully submits
`
`that the mark for IOVERCAME does not create a likelihood of confusion with Registration
`
`Number 3167353 for I CAN OVERCOME & design.
`
`MERELY ORNAMENTAL
`
`Applicant provides a substitute specimen to overcome the merely ornamental refusal.
`
`The specimen consists of "tags/ labels clearly displaying the trademark as used in commerce.”
`
`

`

`DESCRIPTION/COLOR
`
`Applicant submits a black and white substitute drawing to reflect that color ELM a
`
`feature of the mark.
`
`Applicant adopts the following description:
`
`The mark consists of the wording ALIST with a mirror image of the wording
`above the wording with a star design in the middle of the mark for the dot in
`the letter I.
`
`DRAWING
`
`Applicant submits a substitute specimen displaying use of the applied for trademark in
`
`commerce. Applicant also submits a signed declaration through TEAS in support of the
`
`following statement:
`
`"The substitute specimen was in use in commerce at least as early as the filing date of
`the application."
`
`CONCLUSION
`
`Applicant has fully responded to the February 11, 2014- Office Action. Majority of the
`
`‘DuPont’ factors weigh in the Applicant's favor. Furthermore, for at least the above reasons,
`
`Applicant asserts that Applicant's mark is sufficiently distinct from the cited registrations to
`
`avoid consumer confusion. Applicant also asserts that she has responded to the ornamental,
`
`description] color, and drawing issues. Applicant respectfully submits in good faith that all
`
`potential 2[d) refusals, rejections, and/or objections have been overcome and that the applied
`
`for mark is in condition for publication.
`
`

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