| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76584737 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The required substitute specimen is attached, which is a photograph of a decal that is applied to applicant's motorcycles, Model 300. The mark is also applied to other motorcycle models of applicant. A signed declaration verifying that the substitute specimen was in use in commerce at least as early as the filing date of the application is set forth below. Since this is the only outstanding objection, which has now presumably been overcome, final acceptance of the application for publication is respectfully requested.
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| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 012 |
| DESCRIPTION | motorcycles |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 00/00/1993 |
| FIRST USE IN COMMERCE DATE | 00/00/1993 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 012 |
| DESCRIPTION | motorcycles |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 00/00/1993 |
| FIRST USE IN COMMERCE DATE | 00/00/1993 |
| STATEMENT TYPE | The substitute specimen(s) was in use in commerce as of the filing date of the application. |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT10\IMAGEOUT 10\765\847\76584737\xml2\ ROA0002.JPG |
| SPECIMEN DESCRIPTION | a decal that is applied to applicant's motorcycles |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Donald L. Otto/ |
| SIGNATORY NAME | Donald L. Otto |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 05/18/2005 |
| RESPONSE SIGNATURE | /Donald L. Otto/ |
| SIGNATORY NAME | Donald L. Otto |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 05/18/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed May 18 13:41:06 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXX-20050 518134106423072-76584737- 200442b2da775a8bf4f9d8f5b 72e1fbd15-N-N-20050518133 746756548 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76584737 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
The required substitute specimen is attached, which is a photograph of a decal that is applied to applicant's motorcycles, Model 300. The mark is also applied to other motorcycle models of applicant. A signed declaration verifying that the substitute specimen was in use in commerce at least as early as the filing date of the application is set forth below. Since this is the only outstanding objection, which has now presumably been overcome, final acceptance of the application for publication is respectfully requested.
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| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 012 for motorcycles | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 012 for motorcycles | |
| Section 1(a), Use in Commerce: The mark was first used at least as early as 00/00/1993 and first used in commerce at least as early as 00/00/1993, and is now in use in such commerce. | |
| Applicant hereby submits a specimen for Class 012. | |
| The specimen(s) submitted consists of a decal that is applied to applicant's motorcycles. |
|
| For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application." | |
| Specimen-1 | |
| Declaration Signature |
|
| The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true. | |
| Signature: /Donald L. Otto/ Date: 05/18/2005 | |
| Signatory's Name: Donald L. Otto | |
| Signatory's Position: Attorney | |
| Response Signature | |
| Signature: /Donald L. Otto/ Date: 05/18/2005 | |
| Signatory's Name: Donald L. Otto | |
| Signatory's Position: Attorney | |
| Serial Number: 76584737 | |
| Internet Transmission Date: Wed May 18 13:41:06 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXX-20050518134106423072 -76584737-200442b2da775a8bf4f9d8f5b72e1f bd15-N-N-20050518133746756548 |
