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. 77478574 has been amended as follows:

EVIDENCE
Evidence in the nature of mark on actual product and packaging has been attached.
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Bicycle helmets; Football helmets; Helmets for motorcyclists; Hockey helmets; Motorcycle helmets; Protective face-shields for protective helmets; Protective helmets; Protective helmets for sports; Riding helmets; Safety helmets; Safety products, namely, reflective helmet skirts; Sports helmets
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 03/12/2007 and first used in commerce at least as early as 03/12/2007, and is now in use in such commerce.

Proposed: Class 009 for Bicycle helmets; Football helmets; Helmets for motorcyclists; Hockey helmets; Motorcycle helmets; Protective face-shields for protective helmets; Protective helmets; Protective helmets for sports; Riding helmets; Safety helmets; Safety products, namely, reflective helmet skirts; Sports helmets
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 03/12/2007 and first used in commerce at least as early as 03/12/2007, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 009. The specimen(s) submitted consists of mark on actual product and packaging.
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

SIGNATURE(S)
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: /NICK PEYRONNEAU/      Date: 08/29/2008
Signatory's Name: NICK PEYRONNEAU
Signatory's Position: GENERAL MANAGER

Response Signature
Signature: /NICK PEYRONNEAU/     Date: 08/29/2008
Signatory's Name: NICK PEYRONNEAU
Signatory's Position: GENERAL MANAGER

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: 77478574
Internet Transmission Date: Fri Aug 29 15:53:09 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2008082915530967
9124-77478574-4301fe5908f4c69dfd7e259721
a63677a64-N/A-N/A-20080829154904746739