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 NUMBER |
87146889 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK |
http://uspto.report/TM/87146889/mark.png |
LITERAL ELEMENT |
SUBZERO |
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. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_11221080122-20170603212926302273_._Argument.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\871\468\87146889\xml3\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
1 argument in PDF |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
034 |
DESCRIPTION |
Tobacco; smoker's articles; matches |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
411675 |
FOREIGN APPLICATION COUNTRY |
Pakistan |
FOREIGN FILING DATE |
02/24/2016 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
034 |
TRACKED TEXT DESCRIPTION |
Tobacco; smoker's articles; smoker's
articles, namely, filter tubes, rehydration tubes, cigar storage tubes, keystones for pipes; matches |
FINAL DESCRIPTION |
Tobacco; smoker's articles, namely, filter tubes, rehydration tubes, cigar storage tubes, keystones for pipes; matches |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
411675 |
FOREIGN APPLICATION COUNTRY |
Pakistan |
FOREIGN FILING DATE |
02/24/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant is still awaiting foreign registration certificate. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/ Jonathan G Morton / |
SIGNATORY'S NAME |
Jonathan G. Morton |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
(212) 666-5000 |
DATE SIGNED |
06/03/2017 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sat Jun 03 22:08:19 EDT 2017 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20170603220819074651-8714
6889-59012e046603abe5a98a
4f3e4532dd1d2a83dd7be8148
eaf15509368e082efba-N/A-N
/A-20170603212926302273 |
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.
87146889 SUBZERO(Standard Characters, see http://uspto.report/TM/87146889/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of 1 argument in PDF has been attached.
Original PDF file:
evi_11221080122-20170603212926302273_._Argument.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Tobacco; smoker's articles; matches
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Pakistan application number 411675 filed 02/24/2016]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Tobacco;
smoker's articles;
smoker's articles, namely, filter tubes,
rehydration tubes, cigar storage tubes, keystones for pipes;
matchesClass 034 for Tobacco; smoker's articles, namely, filter tubes, rehydration tubes, cigar storage
tubes, keystones for pipes; matches
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Pakistan application number 411675 filed 02/24/2016]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant is still awaiting foreign registration certificate.
SIGNATURE(S)
Response Signature
Signature: / Jonathan G Morton / Date: 06/03/2017
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: (212) 666-5000
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: 87146889
Internet Transmission Date: Sat Jun 03 22:08:19 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201706032208190
74651-87146889-59012e046603abe5a98a4f3e4
532dd1d2a83dd7be8148eaf15509368e082efba-
N/A-N/A-20170603212926302273