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 |
86193941 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
http://uspto.report/TM/86193941/mark.png |
LITERAL ELEMENT |
XTREME |
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 |
009 |
DESCRIPTION |
Armbands specifically designed for cellular phones and portable and handheld digital electronic devices |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/29/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/29/2008 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Armbands specifically designed for cellular phones and portable and handheld digital electronic
devices; Armbands specifically designed for and holders for cellular phones and portable and handheld digital electronic devices, namely, mobile phones, smart
phones, personal digital assistants, digital audio players, MP3 players, personal diabetic managers, personal locator beacons, medical devices, and global positioning system (GPS) devices |
FINAL DESCRIPTION |
Armbands specifically designed for and holders for cellular phones and portable and handheld digital electronic devices, namely, mobile
phones, smart phones, personal digital assistants, digital audio players, MP3 players, personal diabetic managers, personal locator beacons, medical devices, and global positioning system (GPS)
devices |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/29/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/29/2008 |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Upon entry of the amendments to the identification of goods submitted in this Response, Applicant requests that this application be suspended
pending final disposition of U.S. Application Serial Nos. 86153067 and 85539819, which were cited in the Examiner's Office Action dated May 21, 2014. |
CORRESPONDENCE SECTION |
ORIGINAL ADDRESS |
GREGORY J. CHINLUND
MARSHALL, GERSTEIN & BORUN LLP
233 S WACKER DR STE 6300
CHICAGO
Illinois (IL)
US
60606-6471
|
NEW CORRESPONDENCE SECTION |
NAME |
GREGORY J. CHINLUND |
FIRM NAME |
MARSHALL, GERSTEIN & BORUN LLP |
DOCKET/REFERENCE NUMBER |
31612/60009 |
STREET |
233 S WACKER DR STE 6300 |
CITY |
CHICAGO |
STATE |
Illinois |
ZIP/POSTAL CODE |
60606-6471 |
COUNTRY |
United States |
PHONE |
312.474.6300 |
FAX |
312.474.0448 |
EMAIL |
docket@marshallip.com;cbeaker@marshallip.com |
AUTHORIZED EMAIL COMMUNICATION |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Craig A. Beaker/ |
SIGNATORY'S NAME |
Craig A. Beaker |
SIGNATORY'S POSITION |
Attorney of Record, Illinois Bar Member |
DATE SIGNED |
07/23/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jul 23 12:44:03 EDT 2014 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.X-201
40723124403355393-8619394
1-50046cdbd369a7b66f782d0
f8543e8b8a86f981cd6f5c15c
76df1b16b0167359a-N/A-N/A
-20140723123954895913 |
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.
86193941 XTREME(Standard Characters, see http://uspto.report/TM/86193941/mark.png) 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 009 for Armbands specifically designed for cellular phones and portable and handheld digital electronic devices
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 02/29/2008 and first used in commerce at least as early as 02/29/2008 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Armbands specifically designed for cellular phones and portable and handheld digital electronic devices;
Armbands specifically designed for and holders for cellular phones and portable and handheld digital electronic devices, namely, mobile phones, smart phones, personal digital assistants,
digital audio players, MP3 players, personal diabetic managers, personal locator beacons, medical devices, and global positioning system (GPS) devicesClass 009 for Armbands specifically
designed for and holders for cellular phones and portable and handheld digital electronic devices, namely, mobile phones, smart phones, personal digital assistants, digital audio players, MP3
players, personal diabetic managers, personal locator beacons, medical devices, and global positioning system (GPS) devices
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 02/29/2008 and first used in commerce at least as early as 02/29/2008 , and
is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
GREGORY J. CHINLUND
MARSHALL, GERSTEIN & BORUN LLP
233 S WACKER DR STE 6300
CHICAGO
Illinois (IL)
US
60606-6471
Proposed:
GREGORY J. CHINLUND of MARSHALL, GERSTEIN & BORUN LLP, having an address of
233 S WACKER DR STE 6300 CHICAGO, Illinois 60606-6471
United States
docket@marshallip.com;cbeaker@marshallip.com
312.474.6300
312.474.0448
The docket/reference number is 31612/60009 .
ADDITIONAL STATEMENTS
Miscellaneous Statement
Upon entry of the amendments to the identification of goods submitted in this Response, Applicant requests that this application be suspended pending final disposition of U.S. Application Serial Nos.
86153067 and 85539819, which were cited in the Examiner's Office Action dated May 21, 2014.
SIGNATURE(S)
Response Signature
Signature: /Craig A. Beaker/ Date: 07/23/2014
Signatory's Name: Craig A. Beaker
Signatory's Position: Attorney of Record, Illinois 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.
Mailing Address: GREGORY J. CHINLUND
MARSHALL, GERSTEIN & BORUN LLP
233 S WACKER DR STE 6300
CHICAGO, Illinois 60606-6471
Serial Number: 86193941
Internet Transmission Date: Wed Jul 23 12:44:03 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201407231244033553
93-86193941-50046cdbd369a7b66f782d0f8543
e8b8a86f981cd6f5c15c76df1b16b0167359a-N/
A-N/A-20140723123954895913