Response to Office Action

BURLEY

Burley Design LLC

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 77798106
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (012)(current)
INTERNATIONAL CLASS 012
DESCRIPTION
Bicycle trailers, non-motorized trailing cycles for attachment to bicycles; racks for bicycle saddle bags; racks connecting trailer cycles to bicycles; bicycle trailer stroller kit for converting a bicycle trailer to a stroller, bicycle trailer jogging stroller kit for converting a bicycle trailer to a jogging stroller, fitted bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, and padded infant seats for bicycle trailers; bicycle trailer ski kit for converting bicycle trailer from traveling on wheels to traveling on skis; parts of bicycle trailers that are for attachment to and for towing by a bicycle, namely, compartment dividers for bicycle trailers, bicycle trailer kick stands, bicycle trailer suspensions, sun shades for attachment to bicycle trailers, racks for mounting to bicycle trailers, bicycle trailer flag kit comprising a pole and flag, bicycle trailer wheel assemblies, bicycle trailer seats, bicycle trailer tow bar hitch receivers, bicycle trailer straps, bicycle trailer swing arm assemblies, bicycle trailer side panels, bicycle trailer tow bar assemblies, bicycle trailer wheels, bicycle trailer frames, bicycle trailer pads, wheel guards, frame components, frame rods, battens, brake assemblies, floors, axle assemblies, chain guards, wheel dust caps, wheel bearings, hinges, brackets, and brake calipers; bags for attachment to and for use with bicycle trailers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/31/1977
        FIRST USE IN COMMERCE DATE At least as early as 12/31/1977
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (012)(proposed)
INTERNATIONAL CLASS 012
TRACKED TEXT DESCRIPTION
Bicycle trailers, non-motorized trailing cycles for attachment to bicycles; racks for bicycle saddle bags; racks connecting trailer cycles to bicycles; bicycle trailer stroller kit for converting a bicycle trailer to a stroller, bicycle trailer jogging stroller kit for converting a bicycle trailer to a jogging stroller, fitted bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, and padded infant seats for bicycle trailers; bicycle trailer stroller kit comprising a clamp for coupling a wheel to a tow bar of the trailer and a wheel for converting a bicycle trailer to a stroller; bicycle trailer ski kit for converting bicycle trailer from traveling on wheels to traveling on skis; bicycle trailer jogging stroller kit comprising wheel support arms, wheel and wheel hand actuated brake for converting a bicycle trailer to a jogging stroller; fitted bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, and padded infant seats for bicycle trailers; bicycle trailer ski kit comprising skis, mounting frame for mounting skis to a trailer, a towing harness and coupling poles for coupling the harness to the trailer for converting a bicycle trailer from traveling on wheels to traveling on skis; parts of bicycle trailers that are for attachment to and for towing by a bicycle, namely, compartment dividers for bicycle trailers, bicycle trailer kick stands, bicycle trailer suspensions, sun shades for attachment to bicycle trailers, racks for mounting to bicycle trailers, bicycle trailer flag kit comprising a pole and flag, bicycle trailer wheel assemblies, bicycle trailer seats, bicycle trailer tow bar hitch receivers, bicycle trailer straps, bicycle trailer swing arm assemblies, bicycle trailer side panels, bicycle trailer tow bar assemblies, bicycle trailer wheels, bicycle trailer frames, bicycle trailer pads, wheel guards, frame components, frame rods, battens, brake assemblies, floors, axle assemblies, chain guards, wheel dust caps, wheel bearings, hinges, brackets, and brake calipers; bags for attachment to and for use with bicycle trailers
FINAL DESCRIPTION
Bicycle trailers, non-motorized trailing cycles for attachment to bicycles; racks for bicycle saddle bags; racks connecting trailer cycles to bicycles; bicycle trailer stroller kit comprising a clamp for coupling a wheel to a tow bar of the trailer and a wheel for converting a bicycle trailer to a stroller; bicycle trailer jogging stroller kit comprising wheel support arms, wheel and wheel hand actuated brake for converting a bicycle trailer to a jogging stroller; fitted bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, and padded infant seats for bicycle trailers; bicycle trailer ski kit comprising skis, mounting frame for mounting skis to a trailer, a towing harness and coupling poles for coupling the harness to the trailer for converting a bicycle trailer from traveling on wheels to traveling on skis; parts of bicycle trailers that are for attachment to and for towing by a bicycle, namely, compartment dividers for bicycle trailers, bicycle trailer kick stands, bicycle trailer suspensions, sun shades for attachment to bicycle trailers, racks for mounting to bicycle trailers, bicycle trailer flag kit comprising a pole and flag, bicycle trailer wheel assemblies, bicycle trailer seats, bicycle trailer tow bar hitch receivers, bicycle trailer straps, bicycle trailer swing arm assemblies, bicycle trailer side panels, bicycle trailer tow bar assemblies, bicycle trailer wheels, bicycle trailer frames, bicycle trailer pads, wheel guards, frame components, frame rods, battens, brake assemblies, floors, axle assemblies, chain guards, wheel dust caps, wheel bearings, hinges, brackets, and brake calipers; bags for attachment to and for use with bicycle trailers
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/31/1977
       FIRST USE IN COMMERCE DATE At least as early as 12/31/1977
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (018)(no change)
GOODS AND/OR SERVICES SECTION (020)(no change)
GOODS AND/OR SERVICES SECTION (022)(no change)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The goods in classes other than Class 12 remain unchanged.
SIGNATURE SECTION
RESPONSE SIGNATURE /David P. Petersen/
SIGNATORY'S NAME David P. Petersen
SIGNATORY'S POSITION Attorney of record, Oregon state bar member
DATE SIGNED 01/22/2010
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jan 22 17:55:54 EST 2010
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0100122175554041416-77798
106-460cf1bd25d3b76558622
d4c0e7d8a0488b-N/A-N/A-20
100122172353635798



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 77798106 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Bicycle trailers, non-motorized trailing cycles for attachment to bicycles; racks for bicycle saddle bags; racks connecting trailer cycles to bicycles; bicycle trailer stroller kit for converting a bicycle trailer to a stroller, bicycle trailer jogging stroller kit for converting a bicycle trailer to a jogging stroller, fitted bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, and padded infant seats for bicycle trailers; bicycle trailer ski kit for converting bicycle trailer from traveling on wheels to traveling on skis; parts of bicycle trailers that are for attachment to and for towing by a bicycle, namely, compartment dividers for bicycle trailers, bicycle trailer kick stands, bicycle trailer suspensions, sun shades for attachment to bicycle trailers, racks for mounting to bicycle trailers, bicycle trailer flag kit comprising a pole and flag, bicycle trailer wheel assemblies, bicycle trailer seats, bicycle trailer tow bar hitch receivers, bicycle trailer straps, bicycle trailer swing arm assemblies, bicycle trailer side panels, bicycle trailer tow bar assemblies, bicycle trailer wheels, bicycle trailer frames, bicycle trailer pads, wheel guards, frame components, frame rods, battens, brake assemblies, floors, axle assemblies, chain guards, wheel dust caps, wheel bearings, hinges, brackets, and brake calipers; bags for attachment to and for use with bicycle trailers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

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 12/31/1977 and first used in commerce at least as early as 12/31/1977, and is now in use in such commerce.

Proposed:
Tracked Text Description: Bicycle trailers, non-motorized trailing cycles for attachment to bicycles; racks for bicycle saddle bags; racks connecting trailer cycles to bicycles; bicycle trailer stroller kit for converting a bicycle trailer to a stroller, bicycle trailer jogging stroller kit for converting a bicycle trailer to a jogging stroller, fitted bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, and padded infant seats for bicycle trailers; bicycle trailer stroller kit comprising a clamp for coupling a wheel to a tow bar of the trailer and a wheel for converting a bicycle trailer to a stroller; bicycle trailer ski kit for converting bicycle trailer from traveling on wheels to traveling on skis; bicycle trailer jogging stroller kit comprising wheel support arms, wheel and wheel hand actuated brake for converting a bicycle trailer to a jogging stroller; fitted bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, and padded infant seats for bicycle trailers; bicycle trailer ski kit comprising skis, mounting frame for mounting skis to a trailer, a towing harness and coupling poles for coupling the harness to the trailer for converting a bicycle trailer from traveling on wheels to traveling on skis; parts of bicycle trailers that are for attachment to and for towing by a bicycle, namely, compartment dividers for bicycle trailers, bicycle trailer kick stands, bicycle trailer suspensions, sun shades for attachment to bicycle trailers, racks for mounting to bicycle trailers, bicycle trailer flag kit comprising a pole and flag, bicycle trailer wheel assemblies, bicycle trailer seats, bicycle trailer tow bar hitch receivers, bicycle trailer straps, bicycle trailer swing arm assemblies, bicycle trailer side panels, bicycle trailer tow bar assemblies, bicycle trailer wheels, bicycle trailer frames, bicycle trailer pads, wheel guards, frame components, frame rods, battens, brake assemblies, floors, axle assemblies, chain guards, wheel dust caps, wheel bearings, hinges, brackets, and brake calipers; bags for attachment to and for use with bicycle trailersClass 012 for Bicycle trailers, non-motorized trailing cycles for attachment to bicycles; racks for bicycle saddle bags; racks connecting trailer cycles to bicycles; bicycle trailer stroller kit comprising a clamp for coupling a wheel to a tow bar of the trailer and a wheel for converting a bicycle trailer to a stroller; bicycle trailer jogging stroller kit comprising wheel support arms, wheel and wheel hand actuated brake for converting a bicycle trailer to a jogging stroller; fitted bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, and padded infant seats for bicycle trailers; bicycle trailer ski kit comprising skis, mounting frame for mounting skis to a trailer, a towing harness and coupling poles for coupling the harness to the trailer for converting a bicycle trailer from traveling on wheels to traveling on skis; parts of bicycle trailers that are for attachment to and for towing by a bicycle, namely, compartment dividers for bicycle trailers, bicycle trailer kick stands, bicycle trailer suspensions, sun shades for attachment to bicycle trailers, racks for mounting to bicycle trailers, bicycle trailer flag kit comprising a pole and flag, bicycle trailer wheel assemblies, bicycle trailer seats, bicycle trailer tow bar hitch receivers, bicycle trailer straps, bicycle trailer swing arm assemblies, bicycle trailer side panels, bicycle trailer tow bar assemblies, bicycle trailer wheels, bicycle trailer frames, bicycle trailer pads, wheel guards, frame components, frame rods, battens, brake assemblies, floors, axle assemblies, chain guards, wheel dust caps, wheel bearings, hinges, brackets, and brake calipers; bags for attachment to and for use with bicycle trailers
Filing Basis: Section 1(b), Intent to Use: 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 with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

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 12/31/1977 and first used in commerce at least as early as 12/31/1977, and is now in use in such commerce.
ADDITIONAL STATEMENTS
The goods in classes other than Class 12 remain unchanged.

SIGNATURE(S)
Response Signature
Signature: /David P. Petersen/     Date: 01/22/2010
Signatory's Name: David P. Petersen
Signatory's Position: Attorney of record, Oregon state bar member

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 77798106
Internet Transmission Date: Fri Jan 22 17:55:54 EST 2010
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2010012217555404
1416-77798106-460cf1bd25d3b76558622d4c0e
7d8a0488b-N/A-N/A-20100122172353635798



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