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. 85397061 RIPTIDE (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85397061) has been amended as follows:

EVIDENCE
Evidence in the nature of RipTide Accessories, Inc (the potential conflict identified preventing the Riptide Trademark under 85397061) does not provide any software products similar to or at the scale of Riptide Software and should not be considered in conflict with the Riptide Software Trademark. Also of note RipTide Accessories, Inc is currently not an operating business, has no web presence at all and has its primary address (16918 Daisy Dell Court Monkton MARYLAND 21111) listed as a residence not a commercial property running a legitimate, operating business. To the contrary Riptide Software, Inc operates out of a 20,000 sqr foot commercial building owned by the company itself and does $20MM of revenue per year in legitimate business across the software disciplines described. Further Riptide Software, Inc, in business since 1995 and has prior trademarked the same name and similar logo's for the same Riptide Software, inc company (See registration Jan 6, 2004, Reg No. 2,801,883 Prior US Cls: 21,23,26,36 and 38 Ser No 76-437.205 Filed 8-2-2002) Riptide has extensive use of our new mark on numerous products and services as described throughout more than 100 marketing pages linked to 5 divisional web sites all accessible through www.RiptideSoftware.com. has been attached. Evidence-1

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: /Philip Loeffel/      Date: 05/22/2012
Signatory's Name: Philip Loeffel
Signatory's Position: President / CEO
Signatory's Phone Number: 321.296.7724



Signature: /Philip Loeffel/      Date: 05/22/2012
Signatory's Name: Philip Loeffel
Signatory's Position: President / CEO
Signatory's Phone Number: 321.296.7724


Response Signature
Signature: /Philip Loeffel/     Date: 05/22/2012
Signatory's Name: Philip Loeffel
Signatory's Position: President / CEO

Signatory's Phone Number: 321.296.7724

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 85397061
Internet Transmission Date: Tue May 22 10:39:13 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2012052210391352
7760-85397061-4901617dc7ab6ecf75020d852a
a8a8b1575-N/A-N/A-20120522103016026664