| 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 07/31/2018) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 78807633 |
| REGISTRATION NUMBER | 3327259 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/78807633/mark.png |
| LITERAL ELEMENT | AMS |
| 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. |
| FORM TEXT | |
|
Checkers Industrial Products, LLC ("Registrant") has carefully reviewed and considered the Post Registration Office Action issued on November 28, 2017. In response, Registrant respectfully requests that the Section 8 portion of the Renewal Application be accepted to show trademark use of the AMS mark with the goods. Registrant submits that the ordering information submitted in the online brochure meets the requirements of an acceptable specimen under well-established case law because it (1) includes a picture of the relevant goods; (2) shows the mark sufficiently near the picture of the goods to associate the mark with the goods; and (3) contains the information necessary to order the goods. See In re Valenite Inc., 84 U.S.P.Q.2d 1346, 1348 (TTAB 2007). In Valenite, the refusal to register the mark VALPRO was reversed where the owner presented a fact sheet featuring the mark and goods, along with a link and phone number to customer service representatives. Here, as in Valenite, Registrant submitted a copy of an online brochure identifying the AMS mark, photographs of the goods covered in the registration, and an e-mail address and phone number where the goods may be ordered. Specifically, the brochure lists the e-mail address: sales@checkers-safety.com. The term “sales” in the e-mail address clearly indicates to consumers that they may complete an order by sending an e-mail to that address. As such, the specimen provides the requisite information to show use of the mark in connection with Registrant’s goods. In light of the above, Registrant respectfully requests that the Examining Attorney accept the Section 8 portion of the Renewal Application, which was timely submitted on October 30, 2017. |
|
| Substitute specimen bypass warning provided | 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. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Tiffany Shimada/ |
| SIGNATORY'S NAME | Tiffany D.W. Shimada |
| SIGNATORY'S POSITION | Attorney for Registrant, Utah Bar Member |
| SIGNATORY'S PHONE NUMBER | 801-799-5892 |
| DATE SIGNED | 12/21/2017 |
| SUBMISSION SIGNATURE | /Tiffany Shimada/ |
| SIGNATORY'S NAME | Tiffany D.W. Shimada |
| SIGNATORY'S POSITION | Attorney for Registrant, Utah Bar Member |
| SIGNATORY'S PHONE NUMBER | 801-799-5892 |
| DATE SIGNED | 12/21/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Dec 21 14:04:31 EST 2017 |
| TEAS STAMP | USPTO/TRS-XX.XXX.XXX.XX-2 0171221140431760919-33272 59-20171221135924906536-N /A-N/A-201712211359249065 36 |
| 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 07/31/2018) |
Checkers Industrial Products, LLC ("Registrant") has carefully reviewed and considered the Post Registration Office Action issued on November 28, 2017. In response, Registrant respectfully requests that the Section 8 portion of the Renewal Application be accepted to show trademark use of the AMS mark with the goods.
Registrant submits that the ordering information submitted in the online brochure meets the requirements of an acceptable specimen under well-established case law because it (1) includes a picture of the relevant goods; (2) shows the mark sufficiently near the picture of the goods to associate the mark with the goods; and (3) contains the information necessary to order the goods. See In re Valenite Inc., 84 U.S.P.Q.2d 1346, 1348 (TTAB 2007). In Valenite, the refusal to register the mark VALPRO was reversed where the owner presented a fact sheet featuring the mark and goods, along with a link and phone number to customer service representatives.
Here, as in Valenite, Registrant submitted a copy of an online brochure identifying the AMS mark, photographs of the goods covered in the registration, and an e-mail address and phone number where the goods may be ordered. Specifically, the brochure lists the e-mail address: sales@checkers-safety.com. The term “sales” in the e-mail address clearly indicates to consumers that they may complete an order by sending an e-mail to that address. As such, the specimen provides the requisite information to show use of the mark in connection with Registrant’s goods.
In light of the above, Registrant respectfully requests that the Examining Attorney accept the Section 8 portion of the Renewal Application, which was timely submitted on October 30, 2017.
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.