PTO Form 2194 (Rev 9/2005)
`
`OMB No. 0651-0054 (Exp. 10/31/2017)
`
`Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
`
`The table below presents the data as entered.
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`86101919
`
`LAW OFFICE 104
`
`DATE OF NOTICE OF ABANDONMENT
`
`09/17/2014
`
`Entered
`
`PETITION
`
`PETITION STATEMENT
`
`RESPONSE TO OFFICE ACTION
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`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)(3 pages)
`
`Applicant has firsthand knowledge that the failure to respond to the Office Action by
`the specified deadline was unintentional, and requests the USPTO to revive the
`abandoned application.
`
`http://tsdr.uspto.gov/img/86101919/large
`
`DAHLIA
`
`NO
`
`NO
`
`evi_701095314-20150526142725954323_._DAHLIA_2d__goods_OAR.pdf
`
`\\TICRS\EXPORT16\IMAGEOUT16\861\019\86101919\xml11\POA0002.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\861\019\86101919\xml11\POA0003.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\861\019\86101919\xml11\POA0004.JPG
`
`GOODS AND/OR SERVICES SECTION (014)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`014
`
`Fine and fashion jewelry; Necklaces; pendants; Earrings; Bracelets; Rings; Jewelry sets; Brooches; pins; Cufflinks, Jewelry boxes
`
`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
`
`Section 1(a)
`
`At least as early as 02/01/2003
`
`At least as early as 04/01/2003
`
`GOODS AND/OR SERVICES SECTION (014)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`014
`
`Fine and fashion jewelry; Necklaces; pendants; Earrings; Bracelets; Rings; Jewelry sets; Jewelry sets comprised of necklaces, bracelets, rings,
`earrings; Brooches; pins; pins being jewelry; Cufflinks, Jewelry boxes; Cufflinks; Jewelry boxes
`
`FINAL(cid:160)DESCRIPTION
`
`(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)
`

`

`Fine and fashion jewelry; Necklaces; pendants; Earrings; Bracelets; Rings; Jewelry sets comprised of necklaces, bracelets, rings, earrings;
`Brooches; pins being jewelry; Cufflinks; Jewelry boxes
`
`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
`
`Section 1(a)
`
`At least as early as 02/01/2003
`
`At least as early as 04/01/2003
`
`GOODS AND/OR SERVICES SECTION (025)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`025
`
`Scarves; Wraps; Hats; Headwear, Gloves; Legwarmers; Armwarmers; Ties; Belts; Handbags; Handbag Accessories; Apparel Sets; Tops;
`Bottoms, Dresses, Sweater, Jeans, Coats, Jackets, Activewear, Shorts; Skirts, Pants; Shapewear, Sleep, Lounge, Robes; Leggings; Socks;
`Swimsuits; Cover-Ups
`
`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
`
`Section 1(a)
`
`At least as early as 02/01/2003
`
`At least as early as 04/01/2003
`
`GOODS AND/OR SERVICES SECTION (025)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`025
`
`Scarves; Wraps; Hats; Headwear, Gloves; Legwarmers; Armwarmers; Clothing, namely, arm warmers; Ties; Belts; Handbags; Tops; Handbag
`Accessories; Bottoms; Apparel Sets; Dresses; Sweaters; Bottoms, Dresses, Sweater, Jeans, Coats, Jackets, Activewear, Shorts; Jeans; Skirts,
`Pants; Coats; Shapewear, Sleep, Lounge, Robes; Jackets; Active wear, namely, sweat pants, sweat shirts, sports bras; Shorts; Skirts; Pants;
`Shapewear, namely, girdles, bras; Sleep shirts, Sleep pants,; Robes; Leggings; Socks; Swimsuits; Cover-Ups
`
`FINAL(cid:160)DESCRIPTION
`
`Scarves; Wraps; Hats; Headwear, Gloves; Legwarmers; Clothing, namely, arm warmers; Ties; Belts; Tops; Bottoms; Dresses; Sweaters; Jeans;
`Coats; Jackets; Active wear, namely, sweat pants, sweat shirts, sports bras; Shorts; Skirts; Pants; Shapewear, namely, girdles, bras; Sleep
`shirts, Sleep pants,; Robes; Leggings; Socks; Swimsuits; Cover-Ups
`
`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
`
`Section 1(a)
`
`At least as early as 02/01/2003
`
`At least as early as 04/01/2003
`
`GOODS AND/OR SERVICES SECTION (035)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`035
`
`Retail and wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Retail and wholesale
`mail order catalog services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Online retail and wholesale
`store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Promoting goods and services and
`providing a website featuring links to online retail wholesale stores, retailing and wholesale services through other channels
`
`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
`
`Section 1(a)
`
`At least as early as 02/01/2003
`
`At least as early as 04/01/2003
`
`GOODS AND/OR SERVICES SECTION (035)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`035
`
`Retail and wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Retail and wholesale
`mail order catalog services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Online retail and wholesale
`
`

`

`store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Promoting goods and services and
`providing a website featuring links to online retail wholesale stores, retailing and wholesale services through other channels; Promoting the
`goods and services of others by providing a website featuring links to online retail wholesale stores, retail and wholesale website services of
`others
`
`FINAL(cid:160)DESCRIPTION
`
`Retail and wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Retail and wholesale
`mail order catalog services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Online retail and wholesale
`store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Promoting the goods and services of others
`by providing a website featuring links to online retail wholesale stores, retail and wholesale website services of others
`
`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
`
`NEW ATTORNEY SECTION
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`EMAIL
`
`Section 1(a)
`
`At least as early as 02/01/2003
`
`At least as early as 04/01/2003
`
`THOMAS DUNLAP
`
`DUNLAP, BENNET & LUDWIG PLLC
`
`211 Church street SE
`
`Leesburg
`
`Virginia
`
`20175
`
`United States
`
`703.777.7319
`
`ip@dbllawyers.com
`
`AUTHORIZED EMAIL COMMUNICATION
`
`Yes
`
`CORRESPONDENCE SECTION
`
`ORIGINAL ADDRESS
`
`NEW CORRESPONDENCE SECTION
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`EMAIL
`
`INTEGRIA LLC
`18911 50TH AVE
`FRESH MEADOWS
`New York (NY)
`US
`11365-1201
`
`THOMAS DUNLAP
`
`DUNLAP, BENNET & LUDWIG PLLC
`
`211 Church street SE
`
`Leesburg
`
`Virginia
`
`20175
`
`United States
`
`703.777.7319
`
`ip@dbllawyers.com;ip@dbllawyers.com
`
`AUTHORIZED EMAIL COMMUNICATION
`
`Yes
`
`PAYMENT SECTION
`
`

`

`TOTAL AMOUNT
`
`TOTAL FEES DUE
`
`SIGNATURE SECTION
`
`PETITION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`100
`
`100
`
`/khardley/
`
`KEISHA HARDLEY
`
`ASSOCIATE ATTORNEY DUNLAP BENNETT & LUDWIG (MD BAR)
`
`703.777.7319
`
`05/26/2015
`
`/khardley/
`
`KEISHA HARDLEY
`
`Associate Attorney, Dunlap, Bennett & Ludwig PLLC (MD Bar)
`
`703.777.7319
`
`05/26/2015
`
`YES
`
`Tue May 26 17:58:40 EDT 2015
`
`USPTO/POA-XX.XXX.XX.XX-20
`150526175840479033-861019
`19-530785acaae74fac74ba97
`cd99d1ecfc79eaa5bbfb63b8e
`c94e3b0ae6ac5e8a4-CC-8813
`-20150526175530247102
`
`PTO Form 2194 (Rev 9/2005)
`
`OMB No. 0651-0054 (Exp. 10/31/2017)
`
`Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
`To the Commissioner for Trademarks:
`
`Application serial no. 86101919(cid:160)DAHLIA (Stylized and/or with Design, see http://tsdr.uspto.gov/img/86101919/large) has been amended as
`follows:
`PETITION
`Petition Statement
`
`Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the
`USPTO to revive the abandoned application.
`
`RESPONSE TO OFFICE ACTION
`
`EVIDENCE
`
`Original PDF file:
`evi_701095314-20150526142725954323_._DAHLIA_2d__goods_OAR.pdf
`Converted PDF file(s) ( 3 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`
`

`

`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 014 for Fine and fashion jewelry; Necklaces; pendants; Earrings; Bracelets; Rings; Jewelry sets; Brooches; pins; Cufflinks,
`Jewelry boxes
`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 02/01/2003 and first used in commerce at least as early as 04/01/2003 , and is now in use in such commerce.
`
`Proposed:
`Tracked Text Description: Fine and fashion jewelry; Necklaces; pendants; Earrings; Bracelets; Rings; Jewelry sets; Jewelry sets comprised of
`necklaces, bracelets, rings, earrings; Brooches; pins; pins being jewelry; Cufflinks, Jewelry boxes; Cufflinks; Jewelry boxes
`
`Class 014 for Fine and fashion jewelry; Necklaces; pendants; Earrings; Bracelets; Rings; Jewelry sets comprised of necklaces, bracelets, rings,
`earrings; Brooches; pins being jewelry; Cufflinks; Jewelry boxes
`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 02/01/2003 and first used in commerce at least as early as 04/01/2003 , and is now in use in such commerce.
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 025 for Scarves; Wraps; Hats; Headwear, Gloves; Legwarmers; Armwarmers; Ties; Belts; Handbags; Handbag Accessories;
`Apparel Sets; Tops; Bottoms, Dresses, Sweater, Jeans, Coats, Jackets, Activewear, Shorts; Skirts, Pants; Shapewear, Sleep, Lounge, Robes;
`Leggings; Socks; Swimsuits; Cover-Ups
`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 02/01/2003 and first used in commerce at least as early as 04/01/2003 , and is now in use in such commerce.
`
`Proposed:
`Tracked Text Description: Scarves; Wraps; Hats; Headwear, Gloves; Legwarmers; Armwarmers; Clothing, namely, arm warmers; Ties; Belts;
`Handbags; Tops; Handbag Accessories; Bottoms; Apparel Sets; Dresses; Sweaters; Bottoms, Dresses, Sweater, Jeans, Coats, Jackets,
`Activewear, Shorts; Jeans; Skirts, Pants; Coats; Shapewear, Sleep, Lounge, Robes; Jackets; Active wear, namely, sweat pants, sweat shirts,
`sports bras; Shorts; Skirts; Pants; Shapewear, namely, girdles, bras; Sleep shirts, Sleep pants,; Robes; Leggings; Socks; Swimsuits; Cover-Ups
`
`Class 025 for Scarves; Wraps; Hats; Headwear, Gloves; Legwarmers; Clothing, namely, arm warmers; Ties; Belts; Tops; Bottoms; Dresses;
`Sweaters; Jeans; Coats; Jackets; Active wear, namely, sweat pants, sweat shirts, sports bras; Shorts; Skirts; Pants; Shapewear, namely, girdles,
`bras; Sleep shirts, Sleep pants,; Robes; Leggings; Socks; Swimsuits; Cover-Ups
`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 02/01/2003 and first used in commerce at least as early as 04/01/2003 , and is now in use in such commerce.
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 035 for Retail and wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories;
`Retail and wholesale mail order catalog services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Online
`retail and wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Promoting goods and
`services and providing a website featuring links to online retail wholesale stores, retailing and wholesale services through other channels
`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 02/01/2003 and first used in commerce at least as early as 04/01/2003 , and is now in use in such commerce.
`
`Proposed:
`Tracked Text Description: Retail and wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and
`accessories; Retail and wholesale mail order catalog services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories;
`Online retail and wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Promoting goods
`and services and providing a website featuring links to online retail wholesale stores, retailing and wholesale services through other channels;
`Promoting the goods and services of others by providing a website featuring links to online retail wholesale stores, retail and wholesale website
`services of others
`
`Class 035 for Retail and wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Retail and
`wholesale mail order catalog services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Online retail and
`wholesale store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories; Promoting the goods and services
`
`

`

`of others by providing a website featuring links to online retail wholesale stores, retail and wholesale website services of others
`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 02/01/2003 and first used in commerce at least as early as 04/01/2003 , and is now in use in such commerce.
`ATTORNEY ADDRESS
`Applicant proposes to amend the following:
`Proposed:
`THOMAS DUNLAP of DUNLAP, BENNET & LUDWIG PLLC, having an address of
`211 Church street SE Leesburg, Virginia 20175
`United States
`ip@dbllawyers.com
`703.777.7319
`
`CORRESPONDENCE ADDRESS CHANGE
`Applicant proposes to amend the following:
`Current:
`INTEGRIA LLC
`18911 50TH AVE
`FRESH MEADOWS
`New York (NY)
`US
`11365-1201
`
`Proposed:
`THOMAS DUNLAP of DUNLAP, BENNET & LUDWIG PLLC, having an address of
`211 Church street SE Leesburg, Virginia 20175
`United States
`ip@dbllawyers.com;ip@dbllawyers.com
`703.777.7319
`
`FEE(S)
`Fee(s) in the amount of $100 is being submitted.
`
`SIGNATURE(S)
`
`Signature: /khardley/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 05/26/2015
`Signatory's Name: KEISHA HARDLEY
`Signatory's Position: ASSOCIATE ATTORNEY DUNLAP BENNETT & LUDWIG (MD BAR)
`Signatory's Phone Number: 703.777.7319
`
`Response Signature
`Signature: /khardley/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 05/26/2015
`Signatory's Name: KEISHA HARDLEY
`Signatory's Position: Associate Attorney, Dunlap, Bennett & Ludwig PLLC (MD Bar)
`
`Signatory's Phone Number: 703.777.7319
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an
`associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not
`currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently
`filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
`withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or
`Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Mailing Address: (cid:160)(cid:160)(cid:160)THOMAS DUNLAP
`(cid:160)(cid:160)(cid:160)DUNLAP, BENNET & LUDWIG PLLC
`
`

`

`(cid:160)(cid:160)(cid:160)211 Church street SE
`(cid:160)(cid:160)(cid:160)Leesburg, Virginia 20175
`
`RAM Sale Number: 86101919
`RAM Accounting Date: 05/27/2015
`
`Serial Number: 86101919
`Internet Transmission Date: Tue May 26 17:58:40 EDT 2015
`TEAS Stamp: USPTO/POA-XX.XXX.XX.XX-20150526175840479
`033-86101919-530785acaae74fac74ba97cd99d
`1ecfc79eaa5bbfb63b8ec94e3b0ae6ac5e8a4-CC
`-8813-20150526175530247102
`
`(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)
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`Serial No.:
`
`Filed:
`
`lntegrial LLC
`86101919
`
`October 25, 2013
`
`Trademark Atty:
`Tr'adeMar'k:
`
`Natalie Kenealy
`DAHLIA (design)
`
`RESPONSE TO FEBRUARY 24, 2014 OFFICE ACTION
`
`This Response is filed in reply to the Office Action e-mailed on February 24, 2014. The Applicant
`
`respectfully submits the following response. Applicant submits that the above-identified trademark
`
`application for DAHLIA (design) is in condition for allowance to publication.
`
`ANIENDMENT TO THE IDENTIFICATION OF CLASSES 014, 025 & 035 GOODS
`
`The Applicant amends its class 014 goods to the language provided by examining attorney.‘
`
`Class 014: Fine and fashion jewelry; Necklaces; pendants; Earrings; Bracelets; Rings; Jewelry
`
`sets comprised of necklaces, bracelets, rings, earrings; Brooches; pins being jewelry; Cufflinks;
`
`Jewelry boxes
`
`The Applicant amends its class 025 goods to the language provided by examining attorney.‘
`
`Class 25: Scarves; Wraps; Hats; Headwear, Gloves; Legwarrners; Clothing, namely, arm warmers;
`
`Ties; Belts; Tops; Bottoms; Dresses; Sweaters; Jeans; Coats; Jackets; Active wear, namely, sweat
`
`pants, sweat shirts, sports bras; Shorts; Skirts; Pants; Shapewear, namely, girdles, bras; Sleep shirts,
`
`Sleep pants,; Robes; Leggings; Socks; Swimsuits; Cover-Ups
`
`The Applicant amends its class 035 goods to the language provided by examining attorney.‘
`
`Class 35: Retail and wholesale store services featuring fine and fashion jewelry and jewelry
`
`accessories, clothing and accessories; Retail and wholesale mail order catalog services featuring fine
`
`and fashion jewelry and jewelry accessories, clothing and accessories; Online retail and wholesale
`
`

`

`store services featuring fine and fashion jewelry and jewelry accessories, clothing and accessories;
`
`Promoting the goods and services of others by providing a website featuring links to online retail
`
`wholesale stores, retail a11d wholesale website services of others
`
`Class 018: Applicant no longer sees registration for “handbags” or “handbag accessories” and
`
`drops such from its application.
`
`POTENTIAL SECTION 2(d) REFUSAL — 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 Natalie
`
`L. Kenealy raises a Section 2(d) refu.sal in a subsequent Office Action.
`
`APPLICANT’S MARK
`
`CITED REGISTERED MARKS
`
`I?
`
`4.
`
`Serial No. 86101919
`
`Date of First Use: 02/O1/2003
`
`Class 014
`Class 025
`Class 035
`
`DAH LIA
`
`Registration. No. 4340428
`
`Class025
`
`Registration No. 3902657
`Class: 025:
`
`

`

`DAHLIA DIAMOND
`
`Registration No. 4034559
`Class 025
`
`DALIA
`
`Registration No. 3694843
`Class 014
`
`When viewed in its entirety applicants mark has a distinct commercial impression. .Applicant does not
`offer the same goods. Crowded field doctrine applies. The goods are not sold through the same
`channels. The consumers involved will make careful decisions sufficient to avoid confusion. Similar
`
`marks for similar goods/ services can be registered. Likelihood of confusion is not substantial.
`
`Applicant reserves right to address prior pending application should it be registered.
`
`CONCLUSION
`
`Applicant has fully responded to the Office Action. Applicant respectfillly submits in good faith that
`all potential 2(d) refilsals, rejections, and/or objections have been overcome and that the applied for
`mark is in condition for publication.
`
`Respectfully submitted,
`/Keisha M. Hardley /
`Keisha M. Hardley (MD Bar)
`Attorney of Record for the Applicant
`
`

`

`RAM SALE NUMBER: 86101919
`
`RAM ACCOUNTING DATE: 20150527
`
`INTERNET TRANSMISSION DATE:
`
`SERIAL NUMBER:
`
`2015/O5/26
`
`86/101919
`
`Description
`
`Fee
`Code
`
`Transaction
`
`Total Fees
`Paid
`
`POA
`
`7005
`
`2015/05/26
`
`I00
`
`