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. 85707186 CLASSIC (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85707186) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of The first attachment is the substantive argument for withdrawal of the 2(d) refusal. Exhibit 1 is a record from TSDR showing the Section 8 filing for the cited registration; Exhibits 2-6 are screen captures taken from various internet websites showing the meaning of the term CALIFORNIA in relation to skateboards and skateboarding; Exhibit 7 is the TESS record for the registered mark GENERAL MOTORS; Exhibit 7B is the TSDR record for the registered mark POLAND SPRING; Exhibit 8 is a screen capture from Merriam Webster online showing the definition of "spring"; Exhibit 9 is the TSDR record for the registered mark WAL MART; Exhibit 10 is a screen capture from Merriam Webster online showing the definition of "mart"; Exhibits 11-14 are screen captures from the web sites of retailers Target, Sears, K-Mart and Hammacher Schlemmer; and Exhibit 15 is a screen capture from Merriam Webster online showing the definition of "classic." has been attached.
JPG file(s):
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Original PDF file:
evi_69114100242-100148354_._CLASSIC_Serial_No.__85707186_OA_Response_argument.pdf
Converted PDF file(s) ( 19 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Original PDF file:
evi_69114100242-100148354_._Exhibit_7_B__TSDR_Status_page_for_Reg_2428270_POLAND_SPRING.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_69114100242-100148354_._Exhibit_9_TSDR_Status_Page_Reg_2891003_WAL_MART.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 028 for Skateboard decks

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Thomas M. Wilentz of Thomas M. Wilentz, Attorney at Law, PLLC, having an address of
4th Floor 75 South Broadway White Plains, New York 10601
United States
twilentz@tmwlaw.com
914-723-0493
914-206-3787


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
CONTESSA IANNITELLI
CLASSIC SKATE SHOP, LLC
776 BROADWAY
BAYONNE
New Jersey (NJ)
US
07002-3949

Proposed:
Thomas M. Wilentz of Thomas M. Wilentz, Attorney at Law, PLLC, having an address of
4th Floor 75 South Broadway White Plains, New York 10601
United States
twilentz@tmwlaw.com
914-723-0394
914-206-3787



SIGNATURE(S)
Response Signature
Signature: /tmw/     Date: 04/16/2013
Signatory's Name: Thomas M. Wilentz
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 914-723-0394

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:    Thomas M. Wilentz
   Thomas M. Wilentz, Attorney at Law, PLLC
   4th Floor
   75 South Broadway
   White Plains, New York 10601
        
Serial Number: 85707186
Internet Transmission Date: Tue Apr 16 10:35:05 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201304161035056
54511-85707186-500eb54d873c59c3f616e27ce
b27e0b41d1b7287cfc8311c9287e58c0efb585e6
-N/A-N/A-20130416100148354592