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 1957 (Rev 10/2011) |
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 |
76719078 |
LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/76719078/large |
LITERAL ELEMENT |
GOLDSTAR |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
The actual arguments text is attached in the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_6520722-20161018134814223190_._GOLDSTAR_roa_Arguments_as_filed.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0005.JPG |
ORIGINAL PDF FILE |
evi_1-6520722-20161018134814223190_._Exhibit_1_definitions_of_gold_star.pdf |
CONVERTED PDF FILE(S)
(8 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0012.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0013.JPG |
ORIGINAL PDF FILE |
evi_1-6520722-20161018134814223190_._Exhibit_2_Stampede_Presentation_Product_website.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0014.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0015.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\767\190\76719078\xml1\ROA0016.JPG |
DESCRIPTION OF EVIDENCE FILE |
Actual Arguments texts; Exhibit 1 - definitions of gold star; Exhibit 2 - Stampede Presentation Products web page |
GOODS AND/OR SERVICES SECTION (007)(current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
Electric washing machines for household purposes; dishwashers; electric vacuum cleaners |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
2015-0094739 |
FOREIGN REGISTRATION
COUNTRY |
Korea, South |
FOREIGN REGISTRATION
DATE |
12/21/2015 |
GOODS AND/OR SERVICES SECTION (007)(proposed) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
Electric washing machines for household purposes; dishwashers; electric vacuum cleaners |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
402016005436 |
FOREIGN APPLICATION COUNTRY |
Korea, South |
FOREIGN FILING DATE |
07/18/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
44(e). |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Mobile phones; television receivers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
2015-0094739 |
FOREIGN REGISTRATION
COUNTRY |
Korea, South |
FOREIGN REGISTRATION
DATE |
12/21/2015 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Mobile phones; television receivers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
402016005436 |
FOREIGN APPLICATION COUNTRY |
Korea, South |
FOREIGN FILING DATE |
07/18/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
44(e). |
GOODS AND/OR SERVICES SECTION (011)(current) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Air conditioners; electric refrigerators; electric clothes dryers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
2015-0094739 |
FOREIGN REGISTRATION
COUNTRY |
Korea, South |
FOREIGN REGISTRATION
DATE |
12/21/2015 |
GOODS AND/OR SERVICES SECTION (011)(proposed) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Air conditioners; electric refrigerators; electric clothes dryers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
402016005436 |
FOREIGN APPLICATION COUNTRY |
Korea, South |
FOREIGN FILING DATE |
07/18/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
44(e). |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The Applicant is amending the filing basis of this application to Section 1(b) and Section 44(d) based on Korea Application No.
40-2016-0054362 (filing date: July 18, 2016), in place of Section 1(b) and Section 44(d) based on Korea Application No. 2015-0094739 (filing date: December 21, 2015) as identified in the
transformation request. The Korea Application No. 40-2016-0054362 filed July 18, 2016 has not yet matured to registration. The Applicant requests that this application be suspended until Korea
Application No. 40-2016-0054362 matures to registration. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/naresh kilaru/ |
SIGNATORY'S NAME |
Naresh Kilaru |
SIGNATORY'S POSITION |
Attorney of Record, DC Bar Member |
SIGNATORY'S PHONE NUMBER |
202-408-4000 |
DATE SIGNED |
10/18/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Oct 18 16:03:40 EDT 2016 |
TEAS STAMP |
USPTO/ROA-XX.XXX.X.X-2016
1018160340926523-76719078
-570f1594d671785fc1181f8f
934723c14a55b647ce4b81f74
6c9633ec1f39302f71-N/A-N/
A-20161018134814223190 |
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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76719078 GOLDSTAR(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/76719078/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The actual arguments text is attached in the Evidence section.
EVIDENCE
Evidence in the nature of Actual Arguments texts; Exhibit 1 - definitions of gold star; Exhibit 2 - Stampede Presentation Products web page has been attached.
Original PDF file:
evi_6520722-20161018134814223190_._GOLDSTAR_roa_Arguments_as_filed.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_1-6520722-20161018134814223190_._Exhibit_1_definitions_of_gold_star.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_1-6520722-20161018134814223190_._Exhibit_2_Stampede_Presentation_Product_website.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 007 for Electric washing machines for household purposes; dishwashers; electric vacuum cleaners
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Korea, South registration number 2015-0094739 registered
12/21/2015 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
For a trademark or service mark application: As of the
application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services.
For a collective
trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization.
For a certification mark
application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized
users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise
or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.
Proposed: Class 007 for Electric washing machines for household purposes; dishwashers; electric vacuum cleaners
Deleted Filing Basis: 44(e)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Korea, South application number 402016005436 filed 07/18/2016]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Mobile phones; television receivers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Korea, South registration number 2015-0094739 registered
12/21/2015 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
For a trademark or service mark application: As of the
application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services.
For a collective
trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization.
For a certification mark
application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized
users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise
or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.
Proposed: Class 009 for Mobile phones; television receivers
Deleted Filing Basis: 44(e)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Korea, South application number 402016005436 filed 07/18/2016]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Air conditioners; electric refrigerators; electric clothes dryers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Korea, South registration number 2015-0094739 registered
12/21/2015 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
For a trademark or service mark application: As of the
application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services.
For a collective
trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization.
For a certification mark
application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized
users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise
or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.
Proposed: Class 011 for Air conditioners; electric refrigerators; electric clothes dryers
Deleted Filing Basis: 44(e)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Korea, South application number 402016005436 filed 07/18/2016]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Miscellaneous Statement
The Applicant is amending the filing basis of this application to Section 1(b) and Section 44(d) based on Korea Application No. 40-2016-0054362 (filing date: July 18, 2016), in place of Section 1(b)
and Section 44(d) based on Korea Application No. 2015-0094739 (filing date: December 21, 2015) as identified in the transformation request. The Korea Application No. 40-2016-0054362 filed July 18,
2016 has not yet matured to registration. The Applicant requests that this application be suspended until Korea Application No. 40-2016-0054362 matures to registration.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /naresh kilaru/ Date: 10/18/2016
Signatory's Name: Naresh Kilaru
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202-408-4000
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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder'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.
Serial Number: 76719078
Internet Transmission Date: Tue Oct 18 16:03:40 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2016101816034092652
3-76719078-570f1594d671785fc1181f8f93472
3c14a55b647ce4b81f746c9633ec1f39302f71-N
/A-N/A-20161018134814223190