TEAS Request Reconsideration after FOA

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 86427054 SUPERDRY (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86427054/large) 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 028 for Apparatus and equipment for games, namely, balls for sports, bats, racquets, hockey sticks, golf clubs, appliances for gymnastics; articles for playing golf, namely, golf clubs, golf tees, golf balls, golf umbrellas, golf gloves, golf bags; sporting articles and equipment, namely, aerobic steps, weights for exercise, barbells, archery sets, mouth guards, hand wraps, helmets, athletic tape, back boards for basketball, badminton sets, baseball bats, baseball mitts, climbers harnesses, hockey sticks, ice hockey sticks, ice skates, ice skate guards, in-line roller skates, roller stakes, tennis racquets, straps/leashes for body boards, surfboard leashes, body boards, skate boards, long boards, snowboards, skis, running shoes, skipping ropes, boxing gloves, yoga mats, exercise mats, hula hoops, surfboards; bags adapted for sporting articles, namely, bags for carrying golf equipment, bags for carrying bowling balls, bags for carrying baseball bats, bags for carrying fishing gear, bags for carrying hockey sticks, bags for carrying cricket bats, bags for carrying studded boots used in sports, bags for carrying racquet, bags for carrying snowboards, bags for carrying ski boots, bags for carrying snowboard boots, balls for games; ball pumps especially adapted for use with balls for games; bags specially adapted for handheld video games; bags for skateboards; bags especially designed for skis and surfboards; balls for sports, namely, basketballs, baseballs, soccer balls, footballs, rugby balls, netballs, tennis balls, exercise balls, beach balls; billiard equipment; board games; bowling bags; bodysurfing boards; body-training apparatus; card games; cases adapted for carrying sporting articles, namely, ski cases, water ski carrying cases, snowboard cases, racquet cases, cricket equipment case, bicycle cases, golf cases, cases for skis, cases for snowboards, cases for ski boots, cases for snowboard boots, cases for ski equipment,  darts; dart boards; gloves for sports, namely, waterski gloves, gloves worn while running, football gloves, baseballs mitts, bowling gloves, weight-lifting gloves, golf gloves, ski gloves, bicycle gloves, gymnastic apparatus; hockey pucks and sticks; indoor fitness apparatus, namely, treadmills, running machines, stair climber machines, weight machines, rowing machines, cross trainer machines, elliptical trainer machines, exercise bikes, pilates machines, inflatable toys; kite boards; kite board apparatus, namely, kite lines, kites, foot straps, kiteboard harnesses; knee guards for athletic use; lacrosse sticks; nets for sports; playing cards; racquets; shin guards for athletic use; skateboards; skates; skis; ski cases; snowboards; swimming equipment, namely, goggles, personal inflatable floatation devices, flippers; tennis racquets and covers; wake boards; water skis; yoga apparatus, namely, mats, blocks and straps; surfboard leashes; surfboard wax; volley balls; windsurfing boards; windsurfing board apparatus, namely, boards, sails, foot straps and fins; harness for windsurf boards; stand-up paddle boards; athletic protective pads for elbows, knees and wrists; snowboard bindings
Original Filing Basis:
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Community application number 13360664 filed 10/14/2014]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Apparatus and equipment for games, namely, balls for sports, bats, racquets, hockey sticks, golf clubs, appliances for gymnastics; articles for playing golf, namely, golf clubs, golf tees, golf balls, golf umbrellas, golf gloves, golf bags; articles for playing golf, namely, golf clubs, golf tees, golf balls, golf gloves, golf bags; sporting articles and equipment, namely, aerobic steps, weights for exercise, barbells, archery sets, mouth guards, hand wraps, helmets, athletic tape, back boards for basketball, badminton sets, baseball bats, baseball mitts, climbers harnesses, hockey sticks, ice hockey sticks, ice skates, ice skate guards, in-line roller skates, roller stakes, tennis racquets, straps/leashes for body boards, surfboard leashes, body boards, skate boards, long boards, snowboards, skis, running shoes, skipping ropes, boxing gloves, yoga mats, exercise mats, hula hoops, surfboards; sporting articles and equipment, namely, aerobic steps, weights for exercise, barbells, archery sets, mouth guards, hand wraps, athletic tape, backboards for basketball, badminton sets, baseball bats, baseball mitts, climbers harnesses, hockey sticks, ice hockey sticks, ice skates, ice skate guards, in-line roller skates, roller stakes, tennis racquets, straps/leashes for body boards, surfboard leashes, body boards, skate boards, long board surfboards, snowboards, skis, skipping ropes, boxing gloves, yoga mats, exercise mats, plastic toy hoops, surfboards; bags adapted for sporting articles, namely, bags for carrying golf equipment, bags for carrying bowling balls, bags for carrying baseball bats, bags for carrying fishing gear, bags for carrying hockey sticks, bags for carrying cricket bats, bags for carrying studded boots used in sports, bags for carrying racquet, bags for carrying snowboards, bags for carrying ski boots, bags for carrying snowboard boots, balls for games; ball pumps especially adapted for use with balls for games; bags specially adapted for handheld video games; bags for skateboards; bags especially designed for skis and surfboards; balls for sports, namely, basketballs, baseballs, soccer balls, footballs, rugby balls, netballs, tennis balls, exercise balls, beach balls; billiard equipment; board games; bowling bags; bodysurfing boards; body-training apparatus; card games; cases adapted for carrying sporting articles, namely, ski cases, water ski carrying cases, snowboard cases, racquet cases, cricket equipment case, bicycle cases, golf cases, cases for skis, cases for snowboards, cases for ski boots, cases for snowboard boots, cases for ski equipment,  darts; cases adapted for carrying sporting articles, namely, ski cases, water ski carrying cases, snowboard cases, racquet cases, cricket equipment case, bicycle cases, golf cases, cases for skis, cases for snowboards, cases for ski boots, cases for snowboard boots, cases for ski equipment; darts; gloves for sports, namely, waterski gloves, gloves worn while running, football gloves, baseballs mitts, bowling gloves, weight-lifting gloves, golf gloves, ski gloves, bicycle gloves, gymnastic apparatus; dart boards; gloves for sports, namely, waterski gloves, gloves worn while running, football gloves, baseballs mitts, bowling gloves, weight-lifting gloves, golf gloves, ski gloves, bicycle gloves; indoor fitness apparatus, namely, treadmills, running machines, stair climber machines, weight machines, rowing machines, cross trainer machines, elliptical trainer machines, exercise bikes, pilates machines, inflatable toys; gymnastic apparatus; hockey pucks and sticks; indoor fitness apparatus, namely, treadmills, running machines, stair climber machines, weight machines, rowing machines, cross trainer machines, elliptical trainer machines, exercise bikes, pilates machines; inflatable toys; kite boards; kite board apparatus, namely, kite lines, kites, foot straps, kiteboard harnesses; knee guards for athletic use; racquets; lacrosse sticks; nets for sports; playing cards; skates; racquets for tennis, racquetball, and squash; shin guards for athletic use; skateboards; roller skates; swimming equipment, namely, goggles, personal inflatable floatation devices, flippers; ice skates; skis; ski cases; snowboards; swimming equipment, namely, flippers; tennis racquets and covers; wake boards; water skis; yoga apparatus, namely, mats, blocks and straps; surfboard leashes; surfboard wax; volley balls; windsurfing boards; snowboard bindings; windsurfing board apparatus, namely, boards, sails, foot straps and fins; harness for windsurf boards; stand-up paddle boards; athletic protective pads for elbows, knees and wrists; snowboard bindingClass 028 for Apparatus and equipment for games, namely, balls for sports, bats, racquets, hockey sticks, golf clubs, appliances for gymnastics; articles for playing golf, namely, golf clubs, golf tees, golf balls, golf gloves, golf bags; sporting articles and equipment, namely, aerobic steps, weights for exercise, barbells, archery sets, mouth guards, hand wraps, athletic tape, backboards for basketball, badminton sets, baseball bats, baseball mitts, climbers harnesses, hockey sticks, ice hockey sticks, ice skates, ice skate guards, in-line roller skates, roller stakes, tennis racquets, straps/leashes for body boards, surfboard leashes, body boards, skate boards, long board surfboards, snowboards, skis, skipping ropes, boxing gloves, yoga mats, exercise mats, plastic toy hoops, surfboards; bags adapted for sporting articles, namely, bags for carrying golf equipment, bags for carrying bowling balls, bags for carrying baseball bats, bags for carrying fishing gear, bags for carrying hockey sticks, bags for carrying cricket bats, bags for carrying studded boots used in sports, bags for carrying racquet, bags for carrying snowboards, bags for carrying ski boots, bags for carrying snowboard boots, balls for games; ball pumps especially adapted for use with balls for games; bags specially adapted for handheld video games; bags for skateboards; bags especially designed for skis and surfboards; balls for sports, namely, basketballs, baseballs, soccer balls, footballs, rugby balls, netballs, tennis balls, exercise balls, beach balls; billiard equipment; board games; bowling bags; bodysurfing boards; body-training apparatus; card games; cases adapted for carrying sporting articles, namely, ski cases, water ski carrying cases, snowboard cases, racquet cases, cricket equipment case, bicycle cases, golf cases, cases for skis, cases for snowboards, cases for ski boots, cases for snowboard boots, cases for ski equipment; darts; dart boards; gloves for sports, namely, waterski gloves, gloves worn while running, football gloves, baseballs mitts, bowling gloves, weight-lifting gloves, golf gloves, ski gloves, bicycle gloves; gymnastic apparatus; hockey pucks and sticks; indoor fitness apparatus, namely, treadmills, running machines, stair climber machines, weight machines, rowing machines, cross trainer machines, elliptical trainer machines, exercise bikes, pilates machines; inflatable toys; kite boards; kite board apparatus, namely, kite lines, kites, foot straps, kiteboard harnesses; knee guards for athletic use; lacrosse sticks; nets for sports; playing cards; racquets for tennis, racquetball, and squash; shin guards for athletic use; skateboards; roller skates; ice skates; skis; ski cases; snowboards; swimming equipment, namely, flippers; tennis racquets and covers; wake boards; water skis; yoga apparatus, namely, mats, blocks and straps; surfboard leashes; surfboard wax; volley balls; windsurfing boards; windsurfing board apparatus, namely, boards, sails, foot straps and fins; harness for windsurf boards; stand-up paddle boards; athletic protective pads for elbows, knees and wrists; snowboard binding
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Community application number 13360664 filed 10/14/2014]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /WDA/     Date: 02/22/2016
Signatory's Name: Wesley D. Anderson
Signatory's Position: Associate Attorney, Winthrop & Weinstine, P.A., Minnesota bar member

Signatory's Phone Number: 612-604-6697

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 86427054
Internet Transmission Date: Mon Feb 22 10:30:02 EST 2016
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20160222103002
286226-86427054-5505fe61f1771107fa85a62f
a202560905ca2a76e0a908fadb5a2bcae1c1961f
-N/A-N/A-20160222102804585087