PR-Teas-Response to Post Reg Office Act

ECOXGEAR

Grace Digital, Inc.

Response to Office Action for Post-Registration Matters


PTO Form No Form Number (Rev 01/2012)
OMB No. 0651-0055 (Exp 10/31/2021)

Response to Office Action for Post-Registration Matters


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 85604722
REGISTRATION NUMBER 4378506
MARK SECTION
MARK http://uspto.report/TM/85604722/mark.png
LITERAL ELEMENT ECOXGEAR
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
Jebb Dykstra, Attorney of Record
California Bar Member
310-428-9218

May 18, 2020


To the Commissioner for Trademark
C/O Betty Chang, Examining Attorney
Law Office 115
571-272-6517
betty.chang@uspto.gov

Dear Commissioner, 
The following Response to Office Action for Post-Registration Matters is presented to you relating to your Office Action sent to me on November 19, 2019. In your Office Action, my submission failed to satisfy the requirements for Audit requested by you. Please consider this filing to be in satisfaction of your Office Action.

As a part of this filing, I have attached images of Owner's products for the following goods:
1. Audio Speaker Enclosures
2. Carrying cases featuring speakers and battery charging devices, specially adapted for use with handheld digital electronic devices;
3. Holders featuring speakers, battery charging devices, specially adapted for use with handheld digital electronic devices
4. Protective cases featuring speakers and battery charging devices, specially adapted for use with handheld digital electronic devices;
5. Cases for music, audio and related electronic equipment, namely cases for audio receivers;
6. Cases for music, audio and related electronic equipment, namely cases for audio speakers;
7. Cases for music, audio and related electronic equipment, namely cases for portable computers;
8. Speaker Enclosures.

Please remove the following described goods from Owner's Registration:
1.  Cases for music, audio and related electronic equipment, namely cases for audio tuners;
2.  Cases for music, audio and related electronic equipment, namely cases for amplifiers;
3.  Cases for music, audio and related electronic equipment, namely cases for compact disc players;
4.  Cases for music, audio and related electronic equipment, namely cases for MP3 controllers/players;
5.  Cases for music, audio and related electronic equipment, namely cases for audio mixers;
6.  Cases for music, audio and related electronic equipment, namely cases for audio speakers in the nature of music studio monitors;
7.  Cases for music, audio and related electronic equipment, namely cases for microphones;
8.  Cases for music, audio and related electronic equipment, namely cases for compact discs;
9.  Cases for music, audio and related electronic equipment, namely cases for audio tapes;
10.  Cases for music, audio and related electronic equipment, namely cases for antennas;
11.  Cases for music, audio and related electronic equipment, namely cases for phonographic record players;
12.  Cases for music, audio and related electronic equipment, namely cases for audio recording equipment;
13.  Cases for music, audio and related electronic equipment, namely cases for cables associated with all of the foregoing equipment.

The Owner was using the Mark in commerce on or in connection with the goods identified in the registration for which use of the Mark in commerce is claimed as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.

The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the use of the mark as evidenced by the submitted item(s) showing proof of use, if properly signed and dated:

 

The owner was using the mark in commerce on or in connection with the goods identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.

 

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true. 



_____/jd/__________________

Signature of Authorized Person


Jebb Dykstra

Date: May 18, 2020



SPECIMEN DESCRIPTION

EcoXGear EcoExtreme Case 01 and EcoXGear EcoExtreme Reg Inside are digital photographs of a hard case featuring the Mark for a case for goods set forth here above described in 1-8, names 1. Audio Speaker Enclosure, 2. carrying cases for speakers and battery charging devices for use with handheld digital electronic devices, 3. Holders for speakers and battery charging devices for use with handheld digital electronic devices, 4. protective cases featuring speakers and battery charging devices for use with the same, 5 Cases for music, audio, and related electronic equipment namely audio receivers, audio speakers, portable computers and 6. Speaker Enclosures.
        ATTACHMENT(S)
       ORIGINAL PDF FILE EcoXGear_EcoExtreme_Case_01_202041812728333.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\856\047\85604722\xml3\TRS0002.jpg
       ORIGINAL PDF FILE EcoXGear_EcoExtreme_reg_inside_02_202041812742113.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\856\047\85604722\xml3\TRS0003.jpg
       ORIGINAL PDF FILE EcoXGear_EcoExtreme_XL_01_20204181289714.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\856\047\85604722\xml3\TRS0004.jpg
       ORIGINAL PDF FILE EcoXGear_EcoPod_case_pkg_view_20204181296153.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\856\047\85604722\xml3\TRS0005.jpg
       ORIGINAL PDF FILE EcoXGear_EcoDryBag_top_view_202041813010537.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\856\047\85604722\xml3\TRS0006.jpg
Owner Information (Current)
NAME Grace Digital, Inc.
MAILING ADDRESS 10531 4S Commons Drive, Building 166
CITY San Diego
STATE California
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
ZIP/POSTAL CODE 92127
PHONE 858-538-6343
FAX none
EMAIL XXXX
Owner Information (Proposed)
NAME Grace Digital, Inc.
MAILING ADDRESS 10531 4S Commons Drive, Building 166
CITY San Diego
STATE California
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
ZIP/POSTAL CODE 92127
PHONE 858-538-6343
FAX none
EMAIL XXXX
ATTORNEY INFORMATION (current)
NAME Jebb Dykstra
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME TECHNOLOGY SECTOR LAW CORPORATION
STREET 2261 23RD ST
CITY SANTA MONICA
STATE California
POSTAL CODE 90405
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 3104289218
FAX none
EMAIL jebb@techsectorlaw.com
DOCKET/REFERENCE NUMBER TSLC 0405201
ATTORNEY INFORMATION (proposed)
NAME Jebb Dykstra
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME TECHNOLOGY SECTOR LAW CORPORATION
STREET 2261 23RD ST
CITY SANTA MONICA
STATE California
POSTAL CODE 90405
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 3104289218
FAX none
EMAIL jebb@techsectorlaw.com
DOCKET/REFERENCE NUMBER TSLC 0405201
CORRESPONDENCE INFORMATION (current)
NAME JEBB DYKSTRA
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jebb@techsectorlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) jebb.dykstra@gmail.com
DOCKET/REFERENCE NUMBER TSLC 0405201
CORRESPONDENCE INFORMATION (proposed)
NAME Jebb Dykstra
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jebb@techsectorlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) jebb.dykstra@gmail.com
DOCKET/REFERENCE NUMBER TSLC 0405201
The substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71, as appropriate. YES
SIGNATURE SECTION
DECLARATION SIGNATURE /jd/
SIGNATORY'S NAME Jebb Dykstra
SIGNATORY'S POSITION Attorney of Record, California Bar Member
SIGNATORY'S PHONE NUMBER 310-428-9218
DATE SIGNED 05/18/2020
SUBMISSION SIGNATURE /jd/
SIGNATORY'S NAME Jebb Dykstra
SIGNATORY'S POSITION Attorney of Record, California Bar Member
SIGNATORY'S PHONE NUMBER 310-428-9218
DATE SIGNED 05/18/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon May 18 13:44:56 ET 2020
TEAS STAMP USPTO/TRS-XX.XXX.XX.XXX-2
0200518134456786837-43785
06-20200518132350930225-N
/A-N/A-202005181323509302
25




PTO Form No Form Number (Rev 01/2012)
OMB No. 0651-0055 (Exp 10/31/2021)

Response to Office Action for Post-Registration Matters


To the Commissioner for Trademarks:



The following is submitted for registration number: 4378506

FORM TEXT:

Jebb Dykstra, Attorney of Record
California Bar Member
310-428-9218

May 18, 2020


To the Commissioner for Trademark
C/O Betty Chang, Examining Attorney
Law Office 115
571-272-6517
betty.chang@uspto.gov

Dear Commissioner, 
The following Response to Office Action for Post-Registration Matters is presented to you relating to your Office Action sent to me on November 19, 2019. In your Office Action, my submission failed to satisfy the requirements for Audit requested by you. Please consider this filing to be in satisfaction of your Office Action.

As a part of this filing, I have attached images of Owner's products for the following goods:
1. Audio Speaker Enclosures
2. Carrying cases featuring speakers and battery charging devices, specially adapted for use with handheld digital electronic devices;
3. Holders featuring speakers, battery charging devices, specially adapted for use with handheld digital electronic devices
4. Protective cases featuring speakers and battery charging devices, specially adapted for use with handheld digital electronic devices;
5. Cases for music, audio and related electronic equipment, namely cases for audio receivers;
6. Cases for music, audio and related electronic equipment, namely cases for audio speakers;
7. Cases for music, audio and related electronic equipment, namely cases for portable computers;
8. Speaker Enclosures.

Please remove the following described goods from Owner's Registration:
1.  Cases for music, audio and related electronic equipment, namely cases for audio tuners;
2.  Cases for music, audio and related electronic equipment, namely cases for amplifiers;
3.  Cases for music, audio and related electronic equipment, namely cases for compact disc players;
4.  Cases for music, audio and related electronic equipment, namely cases for MP3 controllers/players;
5.  Cases for music, audio and related electronic equipment, namely cases for audio mixers;
6.  Cases for music, audio and related electronic equipment, namely cases for audio speakers in the nature of music studio monitors;
7.  Cases for music, audio and related electronic equipment, namely cases for microphones;
8.  Cases for music, audio and related electronic equipment, namely cases for compact discs;
9.  Cases for music, audio and related electronic equipment, namely cases for audio tapes;
10.  Cases for music, audio and related electronic equipment, namely cases for antennas;
11.  Cases for music, audio and related electronic equipment, namely cases for phonographic record players;
12.  Cases for music, audio and related electronic equipment, namely cases for audio recording equipment;
13.  Cases for music, audio and related electronic equipment, namely cases for cables associated with all of the foregoing equipment.

The Owner was using the Mark in commerce on or in connection with the goods identified in the registration for which use of the Mark in commerce is claimed as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.

The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the use of the mark as evidenced by the submitted item(s) showing proof of use, if properly signed and dated:

 

The owner was using the mark in commerce on or in connection with the goods identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.

 

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true. 



_____/jd/__________________

Signature of Authorized Person


Jebb Dykstra

Date: May 18, 2020



SPECIMEN DESCRIPTION

EcoXGear EcoExtreme Case 01 and EcoXGear EcoExtreme Reg Inside are digital photographs of a hard case featuring the Mark for a case for goods set forth here above described in 1-8, names 1. Audio Speaker Enclosure, 2. carrying cases for speakers and battery charging devices for use with handheld digital electronic devices, 3. Holders for speakers and battery charging devices for use with handheld digital electronic devices, 4. protective cases featuring speakers and battery charging devices for use with the same, 5 Cases for music, audio, and related electronic equipment namely audio receivers, audio speakers, portable computers and 6. Speaker Enclosures.


FORM FILE NAME(S):

Original PDF file:
EcoXGear_EcoExtreme_Case_01_202041812728333.pdf
Converted PDF file(s) (1 page)
Attachments-1
Original PDF file:
EcoXGear_EcoExtreme_reg_inside_02_202041812742113.pdf
Converted PDF file(s) (1 page)
Attachments-1
Original PDF file:
EcoXGear_EcoExtreme_XL_01_20204181289714.pdf
Converted PDF file(s) (1 page)
Attachments-1
Original PDF file:
EcoXGear_EcoPod_case_pkg_view_20204181296153.pdf
Converted PDF file(s) (1 page)
Attachments-1
Original PDF file:
EcoXGear_EcoDryBag_top_view_202041813010537.pdf
Converted PDF file(s) (1 page)
Attachments-1

The substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71, as appropriate.The owner proposes to amend the following:
Current: Grace Digital, Inc., having an address of
      10531 4S Commons Drive, Building 166
      San Diego, California 92127
      United States
      Phone: 858-538-6343
      Fax: none
      Email Address: XXXX

Proposed: Grace Digital, Inc., having an address of
      10531 4S Commons Drive, Building 166
      San Diego, California 92127
      United States
      Phone: 858-538-6343
      Fax: none
      Email Address: XXXX

The owner's/holder's current attorney information: Jebb Dykstra. Jebb Dykstra of TECHNOLOGY SECTOR LAW CORPORATION, is located at

      2261 23RD ST
      SANTA MONICA, California 90405
      United States
The docket/reference number is TSLC 0405201.

The phone number is 3104289218.

The fax number is none.

The email address is jebb@techsectorlaw.com

The owner's/holder's proposed attorney information: Jebb Dykstra. Jebb Dykstra of TECHNOLOGY SECTOR LAW CORPORATION, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2261 23RD ST
      SANTA MONICA, California 90405
      United States
The docket/reference number is TSLC 0405201.

The phone number is 3104289218.

The fax number is none.

The email address is jebb@techsectorlaw.com

Jebb Dykstra submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      JEBB DYKSTRA
      PRIMARY EMAIL FOR CORRESPONDENCE: jebb@techsectorlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jebb.dykstra@gmail.com

The docket/reference number is TSLC 0405201.
Correspondence Information (proposed):
      Jebb Dykstra
      PRIMARY EMAIL FOR CORRESPONDENCE: jebb@techsectorlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jebb.dykstra@gmail.com

The docket/reference number is TSLC 0405201.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /jd/      Date: 05/18/2020
Signatory's Name: Jebb Dykstra
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 310-428-9218

Submission Signature
Signature: /jd/     Date: 05/18/2020
Signatory's Name: Jebb Dykstra
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 310-428-9218

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if filed in conjunction with a pending post-registration filing, and if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    JEBB DYKSTRA
   TECHNOLOGY SECTOR LAW CORPORATION
   
   2261 23RD ST
   SANTA MONICA, California 90405
Mailing Address:    Jebb Dykstra
   TECHNOLOGY SECTOR LAW CORPORATION
   
   2261 23RD ST
   SANTA MONICA, California 90405
        
Serial Number: 85604722
Internet Transmission Date: Mon May 18 13:44:56 ET 2020
TEAS Stamp: USPTO/TRS-XX.XXX.XX.XXX-2020051813445678
6837-4378506-20200518132350930225-N/A-N/
A-20200518132350930225


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PR-Teas-Response to Post Reg Office Act [image/jpeg]

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