Notation to File

V GEAR

Elite Brands Inc.

U.S. TRADEMARK APPLICATION SERIAL NO. 86305388 - V GEAR - File Nos. 43 Dear Mr. Carmen: I am the USPTO attorney currently examining the application listed in the subject line above. I have completed the search of the Office Records. However, I am unable to approve this application because of the following reasons. 1) COMPLETE CLAIM OF PRIOR REGISTRATIONS NEEDED: Applicant claimed ownership of U.S. Registration No. 4472640. In addition, applicant must claim ownership of U.S. Registration No. 4592208. The registration information is included below. The standard format for the claim is: Applicant is the owner of U.S. Registration Nos. 4472640 and 4592208. 2) DISCLAIMER NEEDED: Applicant must disclaim the word “GEAR” because it is merely descriptive of a characteristic of the applicant’s identified goods, namely, indicating the goods are equipment that you use for a particular activity. The standard format for the disclaimer statement is: No claim is made to the exclusive right to use “GEAR” apart from the mark as shown. With your authorization, I can make the necessary changes to this application by Examiner’s Amendment. Then, I will be able to approve this application. Please respond by Wednesday, September 24, 2014. Thank you. Best regards, /Tina Brown/ Trademark Examining Attorney United States Patent and Trademark Office Law Office 118 Email: tina.brown@uspto.gov Phone: (571) 272-8864 Mark V GEAR Goods and Services IC 009. US 021 023 026 036 038. G & S: DSLR Camera Viewfinders. FIRST USE: 20130628. FIRST USE IN COMMERCE: 20130628 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK

NOTE TO THE FILE

SERIAL NUMBER: 86305388

DATE:    09/19/2014

NAME: tbrown4

NOTE:

Email to attorney.

From: Brown, Tina
Sent: Friday, September 19, 2014 4:04 PM
To: 'rec@briefjustice.com'
Cc: 'ik@briefjustice.com'
Subject: U.S. TRADEMARK APPLICATION SERIAL NO. 86305388 - V GEAR - File Nos. 43

Dear Mr. Carmen:

I am the USPTO attorney currently examining the application listed in the subject line above. I have completed the search of the Office Records. However, I am unable to approve this application because of the following reasons.

1)      COMPLETE CLAIM OF PRIOR REGISTRATIONS NEEDED: Applicant claimed ownership of U.S. Registration No. 4472640. In addition, applicant must claim ownership of U.S. Registration No. 4592208. The registration information is included below. The standard format for the claim is: Applicant is the owner of U.S. Registration Nos. 4472640 and 4592208.

2)      DISCLAIMER NEEDED: Applicant must disclaim the word “GEAR” because it is merely descriptive of a characteristic of the applicant’s identified goods, namely, indicating the goods are equipment that you use for a particular activity. The standard format for the disclaimer statement is: No claim is made to the exclusive right to use “GEAR” apart from the mark as shown.

With your authorization, I can make the necessary changes to this application by Examiner’s Amendment. Then, I will be able to approve this application. Please respond by Wednesday, September 24, 2014. Thank you.

Best regards,

/Tina Brown/

Trademark Examining Attorney

United States Patent and Trademark Office

Law Office 118

Email: tina.brown@uspto.gov

Phone: (571) 272-8864

Mark

        V GEAR

Goods and Services

        IC 009. US 021 023 026 036 038. G & S: DSLR Camera Viewfinders. FIRST USE: 20130628. FIRST USE IN COMMERCE: 20130628

Standard Characters Claimed

        STANDARD CHARACTERS CLAIMED

Mark Drawing Code

        (4) STANDARD CHARACTER MARK

Serial Number

        86156055

Filing Date

        January 2, 2014

Current Filing Basis

        1A

Original Filing Basis

        1A

Publication for Opposition Date

        June 10, 2014

Registration Number

        4592208

Registration Date

        August 26, 2014

Owner Name and Address

        (REGISTRANT) Elite Brands Inc. CORPORATION NEW YORK 499 Seventh Avenue North Tower-17th Floor New York NEW YORK 10018

Prior Registration(s)

        4472640

Disclaimer Statement

        NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GEAR" APART FROM THE MARK AS SHOWN

Type of Mark

        TRADEMARK

Register

        PRINCIPAL

Live Dead Indicator

        LIVE

Attorney of Record

        Richard E. Carmen