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. 87077762 TRACER (Stylized and/or with Design, see http://uspto.report/TM/87077762/mark.png) has been amended as follows:

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

REFUSAL CONFUSION

To address any issue of confusion with US Reg. No. 5,037,572 which under Class IC 028 are directed to golf gloves and golf tees.

The Proposed Mark has been limited to lighted golf balls to avoid confusion.

Please note that Twilight Tracer is not currently an ongoing entity.  As noted in Office Action – Attachment 9.  “The Twilight Tracer Night Golf Ball has been replaced by the Night Sports Light-up Golf Ball, with Night Sports (Reg. TM) the current operating business entity.

Applicant for the Proposed Mark is also the “Night Sports" Reg. TM as provided in Office Action – Attachments 3, 9, 10. Please note that US Reg. Nos. 4461683 and 4769720 for “Night Sports" Reg. TM,  owned by Kelli Ann Gill, who is the applicant for the Proposed Mark. The "Night Sports" Mark is also included in the graphics for specimen included for the Proposed Mark.

REFUSAL DESCRIPTIVE

Applicant respectively disagrees that the Proposed Mark is descriptive.  As a lighted golf ball, there is additional visibility from the illumination.  However, no trace or tracing ability is included in the goods. As such, the Proposed Mark is not descriptive of the goods.

UNNECESSARY STATEMENTS

Unnecessary statements have been deleted.

DISTINCTIVENESS

               Section 2(f) claim has been withdrawn.

SUPPLEMENTAL REGISTER

For the reasons state above, the proposed mark is appropriate for the Principal Register

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Golf balls
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 05/01/2016 and first used in commerce at least as early as 05/01/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Golf balls; Lighted golf ballClass 028 for Lighted golf ball
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 05/01/2016 and first used in commerce at least as early as 05/01/2016 , and is now in use in such commerce.
ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Claude Anderson, having an address of
1758 Venus Ave Arden Hills, Minnesota 55112
United States
ctanderson@usinternet.com


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
GILL, KELLI A
2721 WESTRIDGE CIRCLE
MINNETONKA
Minnesota
US
55305

Proposed:
Claude Anderson, having an address of
1758 Venus Ave Arden Hills, Minnesota 55112
United States
ctanderson@usinternet.com



ADDITIONAL STATEMENTS
Miscellaneous Statement
Please withdraw the Section 2(f) claim. Please delete the Significance of Mark Statements including: TRACER appearing in the mark means or signifies or is a term of art for GOLF in the relevant trade or industry or as used in connection with the goods/services listed in the application. TRACER appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance. The word(s) TRACER has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Claude Anderson/     Date: 03/25/2017
Signatory's Name: Claude Anderson
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 651-206-1275

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.

Mailing Address:    Claude Anderson
   1758 Venus Ave
   Arden Hills, Minnesota 55112
        
Serial Number: 87077762
Internet Transmission Date: Sat Mar 25 22:14:41 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20170325221441
449143-87077762-580378d1ac4842688207a975
fc3f27df76b4bedf6414eba6c66012d7a638bdde
1d-N/A-N/A-20170325211542028322