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 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
87077762 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/87077762/mark.png |
| LITERAL ELEMENT |
TRACER |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| EVIDENCE SECTION |
EVIDENCE
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\870\777\87077762\xml7\ ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Screen shot of TESS search 11/2/2017 The Registered mark does not include golf ball in its description. The attached search demonstrates the
common use of Tracer in related golf products by a plurality of trademark owners. Abandoned Serial No. 85021589 owned by applicant predates use of the registered mark. As the Registered mark is weak
with respect to products not specifically identified, there is little chance of confusion in the marketplace. |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
028 |
| DESCRIPTION |
Lighted golf ball |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 05/01/2016 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/01/2016 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
028 |
| TRACKED TEXT DESCRIPTION |
Lighted golf ball; golf balls that light up when struck |
| FINAL DESCRIPTION |
golf balls that light up when struck |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 05/01/2016 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/01/2016 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Claude Anderson/ |
| SIGNATORY'S NAME |
Claude Anderson |
| SIGNATORY'S POSITION |
Attorneu of record, Minnesota bar member |
| SIGNATORY'S PHONE NUMBER |
(651) 206-1275 |
| DATE SIGNED |
11/02/2017 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Nov 02 21:53:45 EDT 2017 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
171102215345381606-870777
62-510dacce1d8c0e96b85371
6c37051f920aae3dca91f68d5
23ce7a28139e1e68-N/A-N/A-
20171102211504687674 |
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 09/20/2020) |
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:
EVIDENCE
Evidence in the nature of Screen shot of TESS search 11/2/2017 The Registered mark does not include golf ball in its description. The attached search demonstrates the common use of Tracer in related
golf products by a plurality of trademark owners. Abandoned Serial No. 85021589 owned by applicant predates use of the registered mark. As the Registered mark is weak with respect to products not
specifically identified, there is little chance of confusion in the marketplace. has been attached.
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Lighted golf ball
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: Lighted golf ball;
golf balls that light up when struckClass 028 for golf balls that light
up when struck
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.
SIGNATURE(S)
Response Signature
Signature: /Claude Anderson/ Date: 11/02/2017
Signatory's Name: Claude Anderson
Signatory's Position: Attorneu 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.
Serial Number: 87077762
Internet Transmission Date: Thu Nov 02 21:53:45 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20171102215345381
606-87077762-510dacce1d8c0e96b853716c370
51f920aae3dca91f68d523ce7a28139e1e68-N/A
-N/A-20171102211504687674
