Response to Office Action

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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86634357 SUBZERO(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86634357/large) has been amended as follows:

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

Applicant has amended the description of goods as requested by the Examiner, but has not included the term ‘thermal’ because there are multiple ways of insulating cooler bags, not limited to ‘thermal insulation.’  Otherwise, Applicant believes this fully responds to the Examiner’s Office Action dated August 31, 2015.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Portable coolers and cooler bags
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 12/26/2001 and first used in commerce at least as early as 12/26/2001 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Portable coolers and cooler bags; Portable coolers and cooler bags, namely, insulated bags for food or beveragesClass 021 for Portable coolers and cooler bags, namely, insulated bags for food or beverages
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 12/26/2001 and first used in commerce at least as early as 12/26/2001 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Michael J. Hickey/     Date: 02/26/2016
Signatory's Name: Michael J. Hickey
Signatory's Position: Attorney of Record, MO Bar Member

Signatory's Phone Number: 314-444-7600

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: 86634357
Internet Transmission Date: Fri Feb 26 15:33:49 EST 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2016022615334960
7279-86634357-55054e9792d9d3fad8986d1fee
780e8bc1dd725f33520c6afbe422aa11204ab1d0
-N/A-N/A-20160226145752341471