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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86552978
LAW OFFICE ASSIGNEDLAW OFFICE 110
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/86552978/large
LITERAL ELEMENT LEVEL
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 CLASS028
DESCRIPTION
sports equipment for the sport of paintball, namely, loaders and containers specially adapted for paintballs, and loaders for paintball guns
        FIRST USE ANYWHERE DATE At least as early as 03/16/2016
        FIRST USE IN COMMERCE DATE At least as early as 10/31/2016
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS028
DESCRIPTION
sports equipment for the sport of paintball, namely, loaders and containers specially adapted for paintballs, and loaders for paintball guns
       FIRST USE ANYWHERE DATE At least as early as 03/16/2016
       FIRST USE IN COMMERCE DATE At least as early as 10/31/2016
       STATEMENT TYPE "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 FILE NAME(S)
       JPG FILE(S)\\TICRS\EXPORT17\IMAGEOUT 17\865\529\86552978\xml4\ ROA0002.JPG
       ORIGINAL PDF FILESPU0-98246139160-20161205140502869634_._Level_SubstituteSpec.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\865\529\86552978\xml4\ROA0003.JPG
       \\TICRS\EXPORT17\IMAGEOUT17\865\529\86552978\xml4\ROA0004.JPG
       \\TICRS\EXPORT17\IMAGEOUT17\865\529\86552978\xml4\ROA0005.JPG
       ORIGINAL PDF FILESPU0-98246139160-20161205140502869634_._Level_SubstituteSpec2.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\865\529\86552978\xml4\ROA0006.JPG
       \\TICRS\EXPORT17\IMAGEOUT17\865\529\86552978\xml4\ROA0007.JPG
       SPECIMEN DESCRIPTIONPackaging for product; internet websites offering goods for sale
DELETED FILING BASIS1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE /Craig R. Rogers/
SIGNATORY'S NAME Craig R. Rogers
SIGNATORY'S POSITION Attorney of Record, Oregon State Bar member
SIGNATORY'S PHONE NUMBER 503-517-8900
DATE SIGNED 12/05/2016
RESPONSE SIGNATURE /Craig R. Rogers/
SIGNATORY'S NAME Craig R. Rogers
SIGNATORY'S POSITION Attorney of Record, Oregon State Bar Member
SIGNATORY'S PHONE NUMBER 503-517-8900
DATE SIGNED 12/05/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Dec 05 14:15:18 EST 2016
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20161205141518309666-8655
2978-5702ee73bf5aa179cb4c
0da74ab49614e12dcfb3bb6b7
e36bbb393a56c135ead49-N/A
-N/A-20161205140502869634



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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86552978 LEVEL(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/86552978/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 sports equipment for the sport of paintball, namely, loaders and containers specially adapted for paintballs, and loaders for paintball guns
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.

In International Class 028, the mark was first used at least as early as 03/16/2016 and first used in commerce at least as early as 10/31/2016 .

Proposed: Class 028 for sports equipment for the sport of paintball, namely, loaders and containers specially adapted for paintballs, and loaders for paintball guns

Deleted Filing Basis: 1(b)
In International Class 028, the mark was first used at least as early as 03/16/2016 . and first used in commerce at least as early as 10/31/2016 .

Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of Packaging for product; internet websites offering goods for sale .
"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].
JPG file(s):
Specimen File1
Original PDF file:
SPU0-98246139160-20161205140502869634_._Level_SubstituteSpec.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPU0-98246139160-20161205140502869634_._Level_SubstituteSpec2.pdf
Converted PDF file(s) ( 2 pages)
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. § 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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Craig R. Rogers/      Date: 12/05/2016
Signatory's Name: Craig R. Rogers
Signatory's Position: Attorney of Record, Oregon State Bar member
Signatory's Phone Number: 503-517-8900


Response Signature
Signature: /Craig R. Rogers/     Date: 12/05/2016
Signatory's Name: Craig R. Rogers
Signatory's Position: Attorney of Record, Oregon State Bar Member

Signatory's Phone Number: 503-517-8900

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.

        
Serial Number: 86552978
Internet Transmission Date: Mon Dec 05 14:15:18 EST 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201612051415183
09666-86552978-5702ee73bf5aa179cb4c0da74
ab49614e12dcfb3bb6b7e36bbb393a56c135ead4
9-N/A-N/A-20161205140502869634