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. 86607502 SOLACE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86607502/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 020 for CAMPING PADS; SLEEPING PADS; ROLL-UP SLEEPING PADS FOR USE WHEN CAMPING; CAMPING PILLOWS; INFLATABLE PILLOWS FOR USE WHEN CAMPING; BENCH CUSHIONS; BENCH PADS; CUSHIONS INCLUDING SEAT CUSHIONS, BENCH CUSHIONS AND CUSHIONS FOR FURNITURE; PADS INCLUDING SEAT PADS, BENCH PADS AND PADS FOR FURNITURE; BEDS FOR HOUSEHOLD PETS INCLUDING DOGS; PET CUSHIONS; PADS FOR BOAT DOCKS; SKI LIFT TOWER PADS; SIGN POST PADS; SKI SIGN POST PADS
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 07/11/2003 and first used in commerce at least as early as 08/18/2003 , and is now in use in such commerce.

Proposed:
Tracked Text Description: CAMPING PADS; CAMPING PADS BEING SLEEPING BAG PADS; SLEEPING PADS; ROLL-UP SLEEPING PADS FOR USE WHEN CAMPING; CAMPING PILLOWS; INFLATABLE PILLOWS FOR USE WHEN CAMPING; BENCH CUSHIONS; BENCH PADS; CUSHIONS INCLUDING SEAT CUSHIONS, BENCH CUSHIONS AND CUSHIONS FOR FURNITURE; CUSHIONS, NAMELY, SEAT CUSHIONS, BENCH CUSHIONS AND CUSHIONS FOR FURNITURE; PADS INCLUDING SEAT PADS, BENCH PADS AND PADS FOR FURNITURE; PADS, NAMELY, SEAT PADS, BENCH PADS AND PADS FOR FURNITURE; BEDS FOR HOUSEHOLD PETS INCLUDING DOGS; PET CUSHIONS; PADS FOR BOAT DOCKS; SKI LIFT TOWER PADS; SIGN POST PADS; SKI SIGN POST PADSClass 020 for CAMPING PADS BEING SLEEPING BAG PADS; SLEEPING PADS; ROLL-UP SLEEPING PADS FOR USE WHEN CAMPING; CAMPING PILLOWS; INFLATABLE PILLOWS FOR USE WHEN CAMPING; BENCH CUSHIONS; BENCH PADS; CUSHIONS, NAMELY, SEAT CUSHIONS, BENCH CUSHIONS AND CUSHIONS FOR FURNITURE; PADS, NAMELY, SEAT PADS, BENCH PADS AND PADS FOR FURNITURE; BEDS FOR HOUSEHOLD PETS INCLUDING DOGS; PET CUSHIONS
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 07/11/2003 and first used in commerce at least as early as 08/18/2003 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 012 for PADS ESPECIALLY ADOPTED FOR SKI LIFT TOWERS
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 for PADS FOR BOAT DOCKS; CRASH BARRIERS NOT OF METAL FOR USE WITH SKI SIGN POSTS AND SIGN POSTS
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.

FEE(S)
Fee(s) in the amount of $550 is being submitted.

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: /edward saadi/      Date: 10/05/2015
Signatory's Name: Edward T. Saadi, Esq.
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 330-782-1954


Response Signature
Signature: /edward saadi/     Date: 10/05/2015
Signatory's Name: Edward T. Saadi, Esq.
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 330-782-1954

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.

        
RAM Sale Number: 86607502
RAM Accounting Date: 10/06/2015
        
Serial Number: 86607502
Internet Transmission Date: Mon Oct 05 18:29:19 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201510051829192
93673-86607502-540ebb31a2492c47130d05e83
f1d494fb4ac7d5787b6f82321beab73df640353d
8f-CC-5614-20151005181735745089