Global Format; form 1957 (Rev 8/2009) |
OMB No. 0651-0050 (Exp. 10/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85778429 |
REGISTRATION NUMBER |
|
FORM TEXT |
Filer of the Statement of Use is the true owner of the applied-for mark, but errantly misidentified itself in the Statement of Use. Filer hereby requests the Statement
of Use be amended to reflect the owner information as follows:
CALIBER TRUCK CO., a California Limited Liability Company
1840 41st Avenue, #102-343
Capitola, California 95010
"If the record is ambiguous as to who owns the mark, e.g., an individual and a corporation are each identified as the owner in different places in the application, the application may be amended
to indicate the proper applicant." TMEP Section 1201.02(c).
Brandon Stewart is the sole owner of Caliber Truck Co., LLC. On September 3, 2013, an assignment of the entire interest in and to the mark from Brandon Stewart to Caliber Truck Co., LLC was
recorded with the USPTO at reel 5102/0732. The trademark database had not updated owner information to reflect the new ownership at the time the Statement of Use was filed, and as such the wrong
owner information was errantly pre-populated into the Statement of Use form. "To correct an obvious mistake of this nature, a verification or declaration is not normally necessary." TMEP Section
1201.02.
Applicant further states that any delay in responding to the pending Office Action was wholly inadvertent.
|
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
SUBMISSION SIGNATURE |
/Christina M. Gagnier/ |
SIGNATORY'S NAME |
Christina M. Gagnier |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
DATE SIGNED |
06/27/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20140627193112963083-8577
8429-20140627191657791920
-N/A-N/A-2014062719165779
1920 |
Global Format; form 1957 (Rev 8/2009) |
OMB No. 0651-0050 (Exp. 10/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
The following is submitted for application serial number.
85778429 :
FORM INFORMATION
Filer of the Statement of Use is the true owner of the applied-for mark, but errantly misidentified itself in the Statement of Use. Filer hereby requests the Statement of Use be amended to reflect
the owner information as follows:
CALIBER TRUCK CO., a California Limited Liability Company
1840 41st Avenue, #102-343
Capitola, California 95010
"If the record is ambiguous as to who owns the mark, e.g., an individual and a corporation are each identified as the owner in different places in the application, the application may be amended
to indicate the proper applicant." TMEP Section 1201.02(c).
Brandon Stewart is the sole owner of Caliber Truck Co., LLC. On September 3, 2013, an assignment of the entire interest in and to the mark from Brandon Stewart to Caliber Truck Co., LLC was
recorded with the USPTO at reel 5102/0732. The trademark database had not updated owner information to reflect the new ownership at the time the Statement of Use was filed, and as such the wrong
owner information was errantly pre-populated into the Statement of Use form. "To correct an obvious mistake of this nature, a verification or declaration is not normally necessary." TMEP Section
1201.02.
Applicant further states that any delay in responding to the pending Office Action was wholly inadvertent.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examiner could still, upon later
review, require a signed declaration.
Submission Signature
Signature: /Christina M. Gagnier/ Date: 06/27/2014
Signatory's Name: Christina M. Gagnier
Signatory's Position: Attorney of record, California 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: 85778429
Internet Transmission Date:
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201406271931129
63083-85778429-20140627191657791920-N/A-
N/A-20140627191657791920