Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 85221920 has been amended as follows:

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

 AMENDMENT

 

Mark: CONQUEST

 

Application No.: 85/221,920

 

Identification of Goods:

Please amend the Identification of Goods as follows:

 

“clothing, namely, athletic footwear, athletic shirts, athletic shorts, athletic uniforms, athletic warm ups suits, baseball caps and hats, beanies, compression garments for athletic or other non-medical use, namely, compression shorts and compression shirts, dri fit long and short sleeve shirts, fleece pullovers, footwear for sports, wrestling shoes, golf shirts, gym shorts, head sweatbands, hooded sweatshirts, jerseys, jogging suits, long-sleeved shirts, mma shorts, moisture-wicking sports shirts, moisture-wicking sports shorts, polo shirts, pullovers, short-sleeved shirts, short-sleeved or long-sleeved t-shirts, wrestling singlets, skull caps, socks, sport shirts, sweat pants, sweat shirts, visors, warm-up suits, in International Class 025.”

 

 

Remarks

In the Office Action mailed April 14, 2011, the Examining Attorney indicated that the Identification of Goods required further clarification. Applicant has amended the Identification of Goods to more clearly define the goods and services offered in connection with the CONQUEST trademark.  Applicant also hereby submits the executed Declaration and Power of Attorney. In light of the foregoing, Applicant submits that the application is now in condition for publication.

 

Respectfully submitted,

/s/ Rex W. Miller, II

Attorney for Applicant

Hahn Loeser & Parks LLP

65 East State Street, Suite 1400

Columbus, OH 43215

trademarks@hahnlaw.com

330.864.5550 (voice)

330.864.7986 (fax)

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for clothing
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)).

Proposed:
Tracked Text Description: clothing; clothing, namely, athletic footwear, athletic shirts, athletic shorts, athletic uniforms, athletic warm ups suits, baseball caps and hats, beanies, compression garments for athletic or other non-medical use, namely, compression shorts and compression shirts, dri fit long and short sleeve shirts, fleece pullovers, footwear for sports, wrestling shoes, golf shirts, gym shorts, head sweatbands, hooded sweatshirts, jerseys, jogging suits, long-sleeved shirts, mma shorts, moisture-wicking sports shirts, moisture-wicking sports shorts, polo shirts, pullovers, short-sleeved shirts, short-sleeved or long-sleeved t-shirts, wrestling singlets, skull caps, socks, sport shirts, sweat pants, sweat shirts, visors, warm-up suits.Class 025 for clothing, namely, athletic footwear, athletic shirts, athletic shorts, athletic uniforms, athletic warm ups suits, baseball caps and hats, beanies, compression garments for athletic or other non-medical use, namely, compression shorts and compression shirts, dri fit long and short sleeve shirts, fleece pullovers, footwear for sports, wrestling shoes, golf shirts, gym shorts, head sweatbands, hooded sweatshirts, jerseys, jogging suits, long-sleeved shirts, mma shorts, moisture-wicking sports shirts, moisture-wicking sports shorts, polo shirts, pullovers, short-sleeved shirts, short-sleeved or long-sleeved t-shirts, wrestling singlets, skull caps, socks, sport shirts, sweat pants, sweat shirts, visors, warm-up suits.
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)).

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_38101576-120917931_._068790.00022_POA.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Mark McClain
Signatory's Position: CEO

Response Signature
Signature: /Rex W. Miller, II/     Date: 04/29/2011
Signatory's Name: Rex W. Miller, II
Signatory's Position: Attorney of Record, Ohio 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: 85221920
Internet Transmission Date: Fri Apr 29 14:17:39 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201104291417393203
41-85221920-4802af8aedff6419bcbe9c16d9f7
fbfed5-N/A-N/A-20110429120917931414