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. 86277118 CRB(Standard Characters, see http://uspto.report/TM/86277118/mark.png) has been amended as follows:

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

This is written response to the Examining Attorney’s Office Action of August 29, 2014 wherein the Examining Attorney indicated that his search of Office records found no applications or registrations which would bar registration of the subject mark. The Examining Attorney did, however, attest that the specimen filed in support of the application did not demonstrate use of the mark in connection with the subject goods. Applicant was, therefore, requested to provide one or more substitute specimens and confirm that said specimens were in use at least as early as the filing date of the application. The Examining Attorney also requested that the identification of goods be amended, as the identification of goods as filed included goods which could be classified in more than one International Class.

Further to the above amendment, Applicant has amended the identification of goods and restricted same to goods within International Class 28. No additional classification fees are therefore required.

Applicant has also submitted substitute specimens, comprising of pictures of the mark as applied to the goods themselves. Applicant has also confirmed that these specimens were in use at least as early as the filing date of the application.

In view of the above, Applicant submits that the subject application is in condition to be approved for publication. Such favorable action is earnestly solicited.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Brushes, cork, nylon thread, fishing rod handles, grips, mixing dishes and cups, mixing sticks, calipers, rod dryers, burners, casting and guide rings, grip tape, mesh tape, glue, paste epoxy, finish, adhesive sticks, razor wands, thread clippers, thread picks, jig saws, reel seats, casting seats, casting handles, lasers for use in alignment, powdered pigments, rod handles, fore grips, rear grips, tape dispensers, foam fighting butts and handle caps, sold separately or in kits, all for use in connection with making fishing rods
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 00/00/2012 and first used in commerce at least as early as 00/00/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Brushes, cork, nylon thread, fishing rod handles, grips, mixing dishes and cups, mixing sticks, calipers, rod dryers, burners, casting and guide rings, grip tape, mesh tape, glue, paste epoxy, finish, adhesive sticks, razor wands, thread clippers, thread picks, jig saws, reel seats, casting seats, casting handles, lasers for use in alignment, powdered pigments, rod handles, fore grips, rear grips, tape dispensers, foam fighting butts and handle caps, sold separately or in kits, all for use in connection with making fishing rods; Kits for making fishing rods comprised of fishing rod handles, brushes, cork, nylon thread, grips, mixing dishes and cups, mixing sticks, calipers, rod dryers, burners, casting and guide rings, grip tape, mesh tape, glue, paste epoxy, finish, adhesive sticks, razor wands, thread clippers, thread picks, jig saws, reel seats, casting seats, casting handles, lasers for use in alignment, powdered pigments, fore grips, rear grips, tape dispensers, foam fighting butts and handle caps; fishing rod handles; grips for fishing rods; grip tape for fishing rods; mesh tap for fishing rods; fishing rod accessories, namely, reel seats, casting seats, casting handles, fore grips, rear grips, foam fighting butts and handle capsClass 028 for Kits for making fishing rods comprised of fishing rod handles, brushes, cork, nylon thread, grips, mixing dishes and cups, mixing sticks, calipers, rod dryers, burners, casting and guide rings, grip tape, mesh tape, glue, paste epoxy, finish, adhesive sticks, razor wands, thread clippers, thread picks, jig saws, reel seats, casting seats, casting handles, lasers for use in alignment, powdered pigments, fore grips, rear grips, tape dispensers, foam fighting butts and handle caps; fishing rod handles; grips for fishing rods; grip tape for fishing rods; mesh tap for fishing rods; fishing rod accessories, namely, reel seats, casting seats, casting handles, fore grips, rear grips, foam fighting butts and handle caps
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 00/00/2012 and first used in commerce at least as early as 00/00/2012 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of Photographs of the mark as applied to the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

Signature: /David L. Sigalow/      Date: 12/24/2014
Signatory's Name: David L. Sigalow
Signatory's Position: Attorney of Record, Florida Bar Member
Signatory's Phone Number: 407-841-2330


Response Signature
Signature: /David L. Sigalow/     Date: 12/24/2014
Signatory's Name: David L. Sigalow
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 407-841-2330

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: 86277118
Internet Transmission Date: Wed Dec 24 11:07:58 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2014122411075805
0330-86277118-500f65cd4fa2dd8c09dde7c1de
253997685c8358d593a165af65ed64783ba7bba-
N/A-N/A-20141224105822318986