Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79107317 KRYSTAL(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79107317) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Section 2(d) Refusal: Likelihood of Confusion.


In this Response to Office action of March 1, 2012 Applicant requests the withdrawal of International Class 25 goods from the underlying application.  The withdrawal of Class 25 goods from the application renders moot the issues raised in the Section 2(d) refusal as stated in the the Office action.

Applicant requests that given the withdrawal of the Applicant's International Class 25 goods from the application that said Section 2(d) Refusal be waived and the subject application be approved for publication.

Respectfully submitted,
BINDEROW LAW OFFICES

Lawrence Binderow


CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Sportswear, in particular sports outerwear and trunks; cycling clothing, bicycle tricots, cycling tights and cycling shorts; functional clothing for sports, in particular clothing with moisture permeable fabric, including outerclothing and underwear; waterproof clothing; bicycle gloves; cycling caps; sports shoes, in particular shoes for cycling including racing shoes and mountain bike shoes

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Bicycle computers; protection devices for personal use against accidents, in particular knee guards, arm protectors, body protectors; protective helmets, in particular bicycle helmets; spectacles, in particular cycling goggles
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: BICYCLE COMPUTERS; protection devices for personal use against accidents, in particular knee guards, arm protectors, body protectors; DEVICES FOR PROTECTION AGAINST ACCIDENTS, IN PARTICULAR, KNEE GUARDS, ARM PROTECTORS, AND BODY PROTECTORS SOLD AS AN INTEGRAL COMPONENT OF CLOTHING FOR PROTECTION AGAINST ACCIDENTS; PROTECTIVE HELMETS, IN PARTICULAR BICYCLE HELMETS; SPECTACLES, IN PARTICULAR CYCLING GOGGLESClass 009 for BICYCLE COMPUTERS; DEVICES FOR PROTECTION AGAINST ACCIDENTS, IN PARTICULAR, KNEE GUARDS, ARM PROTECTORS, AND BODY PROTECTORS SOLD AS AN INTEGRAL COMPONENT OF CLOTHING FOR PROTECTION AGAINST ACCIDENTS; PROTECTIVE HELMETS, IN PARTICULAR BICYCLE HELMETS; SPECTACLES, IN PARTICULAR CYCLING GOGGLES

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Land vehicles, in particular bicycles and two-wheeled vehicles with auxiliary motors; parts and components for bicycles and two-wheeled vehicles with auxiliary motors, in particular bicycle frames, handlebars for bicycles, bicycle saddles, bicycle forks, bicycle brakes, bicycle bells, bicycle stems, bicycle seat posts, bicycle cranks, bicycle pedals, bicycle gear shifts, bicycle hubs, bicycle tyres
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Land vehicles, in particular bicycles and two-wheeled vehicles with auxiliary motors; LAND VEHICLES, IN PARTICULAR BICYCLES AND TWO-WHEELED MOTOR VEHICLES WITH AUXILIARY MOTORS; parts and components for bicycles and two-wheeled vehicles with auxiliary motors, in particular bicycle frames, handlebars for bicycles, bicycle saddles, bicycle forks, bicycle brakes, bicycle bells, bicycle stems, bicycle seat posts, bicycle cranks, bicycle pedals, bicycle gear shifts, bicycle hubs, bicycle tyres; PARTS AND COMPONENTS FOR BICYCLES AND TWO-WHEELED VEHICLES WITH AUXILIARY MOTORS, IN PARTICULAR BICYCLE FRAMES, HANDLEBARS FOR BICYCLES, BICYCLE SADDLES; BICYCLE FORKS, BICYCLE BRAKES, BICYCLE BELLS, BICYCLE HANDLE BAR STEMS, BICYCLE SEAT POSTS, BICYCLE CRANKSETS, CONSISTING OF A SPROCKET AND A CRANKARM, BICYCLE PEDALS, BICYCLE GEAR SHIFTS, BICYCLE WHEEL HUBS, BICYCLE TIRESClass 012 for LAND VEHICLES, IN PARTICULAR BICYCLES AND TWO-WHEELED MOTOR VEHICLES WITH AUXILIARY MOTORS; PARTS AND COMPONENTS FOR BICYCLES AND TWO-WHEELED VEHICLES WITH AUXILIARY MOTORS, IN PARTICULAR BICYCLE FRAMES, HANDLEBARS FOR BICYCLES, BICYCLE SADDLES; BICYCLE FORKS, BICYCLE BRAKES, BICYCLE BELLS, BICYCLE HANDLE BAR STEMS, BICYCLE SEAT POSTS, BICYCLE CRANKSETS, CONSISTING OF A SPROCKET AND A CRANKARM, BICYCLE PEDALS, BICYCLE GEAR SHIFTS, BICYCLE WHEEL HUBS, BICYCLE TIRES

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: FELT GmbH legally organized under the laws of XP, having an address of
      Industriestrasse 39
      ,
      Germany

Proposed: FELT GmbH, a limited liability company legally organized under the laws of Germany, having an address of
      Industriestrasse 39
      26188 Edewecht,
      Germany

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Lawrence H. Binderow, Attorney at Law of BINDEROW LAW OFFICES, having an address of
Suite 250 1330 Camino Del Mar Del Mar, California 92014
United States
binderow@lawyer.com
8582591940
8587921642
The attorney docket/reference number is FELUSA002KRYSTALRES032012 .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
BSB RECHTSANWÄLTE - PATENTANWÄLTE
MRS. ALMUT BÜHLING, ATTORNEY AT LAW
HOHENZOLLERNSTRASSE 93
80796 MUNICH
DE

Proposed:
Lawrence H. Binderow, Attorney at Law of BINDEROW LAW OFFICES, having an address of
Suite 250 1330 Camino Del Mar Del Mar, California 92014
United States
binderow@lawyer.com
8582591940
8587921642
The docket/reference number is FELUSA002KRYSTALRES032012 .



SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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 and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. 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. Section 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. Section 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 H. Binderow/      Date: 03/20/2012
Signatory's Name: Lawrence H. Binderow
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 8582591940


Response Signature
Signature: /Lawrence H. Binderow/     Date: 03/20/2012
Signatory's Name: Lawrence H. Binderow
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 8582591940

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.

Mailing Address:    Lawrence H. Binderow, Attorney at Law
   BINDEROW LAW OFFICES
   Suite 250
   1330 Camino Del Mar
   Del Mar, California 92014
        
Serial Number: 79107317
Internet Transmission Date: Tue Mar 20 17:48:55 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201203201748553
75186-79107317-490a395cfb527b6411113d2d9
9c29219-N/A-N/A-20120320172342039997