PTO Form 1957 (Rev 5/2006) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
76630381 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION (no change) |
OWNER SECTION (no change) |
LEGAL ENTITY SECTION (no change) |
GOODS AND/OR SERVICES SECTION (class deleted) |
INTERNATIONAL CLASS |
013 |
DESCRIPTION |
use in conjunction with the sale of fireworks |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (class added) Original Class (013) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Retail outlets featuring fireworks |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
"The mark consists of a three dimensional tent design having alternating black and yellow stripes and a black cat head and the works BLACK CAT. The mark is shown in a perspective
view in the drawing. The tent posts shown in the drawing in dotted lines are not part of the mark, but rather show the placement of the mark." |
COLOR(S) CLAIMED |
"The color(s) black, yellow, pink and red is/are claimed as a feature of the mark." |
PRIOR REGISTRATION(S) |
"Applicant claims ownership of U.S. Registration Number(s) 828730, 2999612, 2999953." |
MISCELLANEOUS STATEMENT |
the colors black and yellow appear in the tent design, the color black appears in the cat design and the wording CAT, the color red appears in the wording BLACK and the color pink
appears in the mouth and nose of the cat design |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Richard P. Stitt/ |
SIGNATORY NAME |
Richard P. Stitt |
SIGNATORY POSITION |
Attorney for Applicant |
SIGNATURE DATE |
03/03/2006 |
RESPONSE SIGNATURE |
/Richard P. Stitt/ |
SIGNATORY NAME |
Richard P. Stitt |
SIGNATORY POSITION |
Attorney for Applicant |
SIGNATURE DATE |
03/03/2006 |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Mar 03 11:11:13 EST 2006 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0060303111113535024-76630
381-320cc815fe03bb38b6a1e
4b5c76e828d1-N/A-N/A-2006
0303105507410798 |
PTO Form 1957 (Rev 5/2006) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76630381 has been amended as follows:
Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 013 for use in conjunction with the sale of fireworks
Applicant hereby adds the following class of goods/services to the application:
New:
Class 035 (Original Class: 013 ) for Retail outlets featuring fireworks
Section 1(b), 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 withthe identified goods and/or
services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
Additional Statements
"The mark consists of a three dimensional tent design having alternating black and yellow stripes and a black cat head and the works BLACK CAT. The mark is shown in a perspective view in the drawing.
The tent posts shown in the drawing in dotted lines are not part of the mark, but rather show the placement of the mark."
"The color(s) black, yellow, pink and red is/are claimed as a feature of the mark."
"Applicant claims ownership of U.S. Registration Number(s) 828730, 2999612, 2999953."
the colors black and yellow appear in the tent design, the color black appears in the cat design and the wording CAT, the color red appears in the wording BLACK and the color pink appears in the
mouth and nose of the cat design
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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 identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the
application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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: /Richard P. Stitt/ Date: 03/03/2006
Signatory's Name: Richard P. Stitt
Signatory's Position: Attorney for Applicant
Response Signature
Signature: /Richard P. Stitt/ Date: 03/03/2006
Signatory's Name: Richard P. Stitt
Signatory's Position: Attorney for Applicant
Serial Number: 76630381
Internet Transmission Date: Fri Mar 03 11:11:13 EST 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2006030311111353
5024-76630381-320cc815fe03bb38b6a1e4b5c7
6e828d1-N/A-N/A-20060303105507410798