Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77001098 has been amended as follows:
Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 020 for Sleeping bag liners; Sleeping bags; Sleeping bags; Sleeping mats
Original Filing Basis: 1(a).
Proposed: Class 020 for Sleeping bag liners; Sleeping bags; Sleeping bags; Sleeping mats
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 09/01/2005 and first used in commerce at least as early as 01/21/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 020.
The specimen(s) submitted consists of photo of sleeping bag with embroidered logo.
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 File1

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 022 for Tents; Tents for mountaineering or camping
Original Filing Basis: 1(a).
Proposed: Class 022 for Tents; Tents for mountaineering or camping
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 09/01/2005 and first used in commerce at least as early as 03/21/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 022.
The specimen(s) submitted consists of photo of tent with screen printed logo.
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 File1

Additional Statements

"The color(s) black, white, red and gray is/are claimed as a feature of the mark."

"Applicant claims ownership of U.S. Registration Number(s) 2786889."

Color Location Statement: The mark consists of grey horizontal bar with a tranparent horizontal bar below it. The transparent horizontal bar extends to form a triangle wothout the paek on th eright side of grey bar. The white in the transparent bar and the triangle is not part of the mark and represents transparent area. However, the white in the word HIGH PEAK is part of the mark. Below the transparent horizontal bar is a black horizontal bar. In the black horizontal bar is the word HIGH PEAK. All letters in the owrd HIGH PEAK are white, except for the letter "A", which is represented by a red trianlge.

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: /Lawrence So/      Date: 04/16/2007
Signatory's Name: Lawrence So
Signatory's Position: marketing director

Response Signature
Signature: /Lawrence So/     Date: 04/16/2007
Signatory's Name: Lawrence So
Signatory's Position: marketing director

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: 77001098
Internet Transmission Date: Mon Apr 16 10:54:11 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2007041610541153
8708-77001098-3706ef9337d5cc8cfd14987bf8
7125d73b-N/A-N/A-20070416095954417696