Response to Office Action

YES

Summit Automotive, LLC

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 85869602
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION
MARK http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85869602
LITERAL ELEMENT YES
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 035
DESCRIPTION
Automobile dealerships; Marketing and advertising services for automobile dealerships
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 02/25/2013
        FIRST USE IN COMMERCE DATE At least as early as 02/25/2013
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Automobile dealerships; Marketing and advertising services for automobile dealerships
FINAL DESCRIPTION Automobile dealerships;
FILING BASIS Section 1(b)
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.
RESPONSE SIGNATURE /Gayle L. Strong/
SIGNATORY'S NAME Gayle L. Strong
SIGNATORY'S POSITION Attorney of record, USPTO bar member
SIGNATORY'S PHONE NUMBER 303 572 6500
DATE SIGNED 11/11/2013
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 11 16:42:02 EST 2013
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
131111164202461853-858696
02-5004959ed62715ab86c8b4
06d84a59aa1741ee451915fa9
9a2dfc6d4c1c84d7d33-N/A-N
/A-20131111163632027591



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. 85869602 YES(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85869602) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Automobile dealerships; Marketing and advertising services for automobile dealerships
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/25/2013 and first used in commerce at least as early as 02/25/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Automobile dealerships; Marketing and advertising services for automobile dealershipsClass 035 for Automobile dealerships;
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

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 examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Gayle L. Strong/     Date: 11/11/2013
Signatory's Name: Gayle L. Strong
Signatory's Position: Attorney of record, USPTO bar member

Signatory's Phone Number: 303 572 6500

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: 85869602
Internet Transmission Date: Mon Nov 11 16:42:02 EST 2013
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20131111164202461
853-85869602-5004959ed62715ab86c8b406d84
a59aa1741ee451915fa99a2dfc6d4c1c84d7d33-
N/A-N/A-20131111163632027591



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