PR-Teas-Response to Post Reg Office Act

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 No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

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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 No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number: 4372780

FORM TEXT:

In Response to the Office Action of August 15, 2019, the Registration Owner submits this response that is believed to address the issues raised in the Office Action. 

Class 020

REQUEST TO DELETE SOME RECITED GOODS

The Registration Owner Respectfully requests that some of the Goods recited in class 020 be amended to delete the Goods recited as provided below.

PLEASE DELETE THE RECITATION:

·         display shelves, namely, moving tradeshow shelves for exhibit and sale of consumer video game machines;

·         display shelves, namely, miscellaneous moving tradeshow shelves

PLEASE RETAIN THE RECITATION:

·         Display stands, namely, show-stands for exhibit and sale of consumer video game machines;

·         display stands, namely, miscellaneous show-stands; display shelves, namely, tradeshow shelves for exhibit and sale of consumer video game machines;

·         display shelves, namely, miscellaneous tradeshow shelves; display cases, namely, showcases for exhibit and sale of consumer video game machines;

·         display cases, namely, miscellaneous showcases; display racks for exhibit and sale of consumer video game machines; display cabinets for exhibit and sale of consumer video game machines; miscellaneous display cabinets;

·         furniture, namely, display units for exhibit and sale of consumer video game machines;

·         furniture, namely, miscellaneous display units;

In addition to the above request to delete some of the goods in the recitation, Registration owner respectfully submits that the retained goods/services in the recitation are supported by the previously provided specimens and the specimens attached herewith for reference purposes.  For example, the specimens include:

·         Goods: Photos showing the mark on the identified goods and point of sale websites showing the mark in association with the identified goods along with links that may be used to order the identified goods. the mark has been highlighted with red circles that do not constitute part of the mark as used in commerce.

Pursuant to 37 C.F.R. §2.20, and 37 C.F.R. §7.37(h), the undersigned respectfully submits the owner or holder/owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.”

Should any issues remain that might be addressed by a telephone conference, the undersigned can be contacted to discuss any issues needing resolution.

/Michael C. Jones/

Senior Associate

Procopio

P. 650.645.9012 | F. 650.687.8303 | michael.jones@procopio.com

1117 S. CALIFORNIA AVENUE, SUITE 200, PALO ALTO, CA 94304

SPECIMEN DESCRIPTION

Photos showing the mark on the identified goods and point of sale websites showing the mark in association with the identified goods along with links that may be used to order the identified goods. the mark has been highlighted with red circles that do not constitute part of the mark as used in commerce.


FORM FILE NAME(S):

Original PDF file:
SNY072-Specimen_202002272029.pdf
Converted PDF file(s) (3 pages)
Attachments-1
Attachments-2
Attachments-3

The filer has elected to bypass the checkbox indicating that a substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71.Warning: If you are providing a substitute specimen and do not provide the required statement verifying use, upon review of your response, if it is determined that verification is required, another Office action will issue requiring this statement to complete your response.
NOTICE TO ATTORNEYS:
Use the Revocation of Attorney and/or Appointment of Attorney/Domestic Representative form to provide bar information and/or an email address for the appointed attorney in your application/registration. Failure to do so will delay action on your application/registration.

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Michael C. Jones/      Date: 01/22/2020
Signatory's Name: Michael C. Jones
Signatory's Position: Attorney of Record, member of California Bar, No. 2841877, admitted 2012
Signatory's Phone Number: 6506459012

Submission Signature
Signature: /Michael C. Jones/     Date: 01/22/2020
Signatory's Name: Michael C. Jones
Signatory's Position: Attorney of Record, member of California Bar, No. 284187, admitted 2012
Signatory's Phone Number: 6506459012

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if filed in conjunction with a pending post-registration filing, and if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77828112
Internet Transmission Date: Wed Jan 22 19:22:54 EST 2020
TEAS Stamp: USPTO/TRS-XXX.XXX.XXX.XXX-20200122192254
460645-4372780-20200122191632187562-N/A-
N/A-20200122191632187562