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. 85077424 MALIBU(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85077424) has been amended as follows:

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

In response to the Office Action, Applicant has amended the identification of goods to that suggested by the Examining Attorney, including the deletion of “metal bins”.  The deletion of “metal bins” overcomes the 2(d) refusal to register issued by the Examining Attorney and Applicant respectfully requests withdrawal of the refusal to register.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Plastic decorative mounting hardware used in the assembling and securing of Christmas decorations, namely, hooks, stakes, supports and tree clips; non-metal casters; non-metal bins; storage racks; non-metal fasteners for use in boats, namely metal self-aligning demountable snap fasteners consisting of press fasteners and press studs for use in attaching panels, hatches, floors and furniture in boats; non-metal wall mounted brackets for use with electric lighting fixtures, portable lighting products and grill and smoker accessories; gazing globes; non-metal accessories and replacement parts for electric lighting fixtures, namely, caps, decorative hooks, decorative rods and plastic and wood knobs; non-metal accessories and replacement parts for grills, namely, name plates, shelving and plastic and wood knobs
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Plastic decorative mounting hardware used in the assembling and securing of Christmas decorations, namely, hooks, stakes, supports and tree clips; non-metal casters; non-metal bins; storage racks; Hardware, namely, non-metal wall mounted brackets for use with electric lighting fixtures, portable lighting products and grill and smoker accessories; non-metal fasteners for use in boats, namely metal self-aligning demountable snap fasteners consisting of press fasteners and press studs for use in attaching panels, hatches, floors and furniture in boats; gazing globes; non-metal wall mounted brackets for use with electric lighting fixtures, portable lighting products and grill and smoker accessories; Non-metal accessories for electric lighting fixtures, namely, caps, decorative hooks, decorative rods and plastic and wood knobs; non-metal accessories for gas, charcoal, and barbecue grills, namely, name plates, shelving and plastic and wood knobs; non-metal accessories and replacement parts for electric lighting fixtures, namely, caps, decorative hooks, decorative rods and plastic and wood knobs; Non-metal fasteners for use in boats, namely, metal self-aligning demountable snap fasteners consisting of press fasteners and press studs for use in attaching panels, hatches, floors and furniture in boats; non-metal accessories and replacement parts for grills, namely, name plates, shelving and plastic and wood knobsClass 020 for Plastic decorative mounting hardware used in the assembling and securing of Christmas decorations, namely, hooks, stakes, supports and tree clips; non-metal casters; storage racks; Hardware, namely, non-metal wall mounted brackets for use with electric lighting fixtures, portable lighting products and grill and smoker accessories; gazing globes; Non-metal accessories for electric lighting fixtures, namely, caps, decorative hooks, decorative rods and plastic and wood knobs; non-metal accessories for gas, charcoal, and barbecue grills, namely, name plates, shelving and plastic and wood knobs; Non-metal fasteners for use in boats, namely, metal self-aligning demountable snap fasteners consisting of press fasteners and press studs for use in attaching panels, hatches, floors and furniture in boats
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Susan Hwang/     Date: 11/28/2011
Signatory's Name: Susan Hwang
Signatory's Position: Attorney of record, CA 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: 85077424
Internet Transmission Date: Mon Nov 28 18:18:55 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201111281818555
92660-85077424-4909d32318ee7d3a9429b8bfd
112ce431b-N/A-N/A-20111128181531420321