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. 87306115 NOBLE(Standard Characters, see http://uspto.report/TM/87306115/mark.png) has been amended as follows:

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

Prior-Filed Applications Advisory

The Examining Attorney has advised the Applicant that the filing dates of pending U.S. Application Serial Nos. 85263579, 85649168, 86034327, & 86066286 precede applicant’s filing date.  Given the amendments to the identification of goods, Applicant submits that there is no likelihood of confusion between these pending marks and the applicant’s mark.   

Section 2(d) Refusal – Likelihood of Confusion

            The Examining Attorney has refused registration of the mark of this application on the grounds that it is confusingly similar to the marks recited in U.S. Registration Nos. 3707485, 4630271, & 4592538. 

The marks for Registration Nos. 4630271 & 4592538 are for goods relating to clothing in International Class 025.  Given the amendments to the identification of goods requested in this response, Applicant submits that the use of the marks at issue here on entirely different goods and services dispels any likelihood of confusion.   

The mark for Registration No. 3707485 (“the ‘485 Registration”) for NOBLE, for

Fiberglass reinforced plastic exterior panels for use in the manufacture of recreational vehicles and truck trailers, in International Class 12.

Applicant respectfully traverses this refusal and submits that there is no likelihood of confusion between its mark and the cited mark.  In determining whether there is confusing similarity between two marks, In re DuPont de Nemours & Co., 476 F.2d 1357 (C.C.P.A. 1973) sets forth several factors which may be considered, although each case must be decided on its own facts and each factor may from case to case play a dominant role. 476 F.2d at 1361-1362.  One of the most important factors is the similarity of the goods to determine if they are related or if the activities surrounding their marketing are such that confusion as to origin, association or sponsorship is likely.  In re August Stork K.G., 218 U.S.P.Q. 823 (T.T.A.B. 1983).

Dissimilarity of the Goods and Services, and Channels of Trade

            Applicant submits that the use of the marks at issue here on entirely different goods and services dispels any likelihood of confusion.  This is a key consideration under the DuPont factors in this case because it indicates that the goods will pass through distinct channels of trade, which will avoid consumer confusion.

            The cited ‘485 Registration specifically states that the goods are for use only in the manufacture of recreational vehicles and truck trailers i.e., the goods are panels used to fabricate the exterior of these two specific types of vehicles.  Thus, these goods will travel through limited channels of trade since the only prospective customers are companies that manufacture recreational vehicles and truck trailers.  In fact, the promotional materials from the website for the company that owns this registration makes it clear that these goods are intended for manufacturers of recreational vehicles.   

            In contrast, the goods of this application are all for use on automobiles, and are intended to be sold to automobile consumers or dealers that work on Applicant’s cars. 

            As a result, there is no overlap in the customers or channels of trade for the goods of Applicant’s mark and the goods of the mark of the ‘485 Registration.  The ‘485 Registrant’s products are commercial products sold to recreational vehicle and truck trailer manufacturers, while the Applicant’s products are sold to automobile consumers or dealers that work on Applicant’s cars.  Thus, Applicant’s and Registrant’s products would not be expected to emanate from the same producers.  In short, the goods of the parties’ marks are sold for totally different purposes, to different consumers and through different channels of trade, such that confusion is not at all likely to occur. 

Conclusion

            Applicant respectfully submits that when viewed in connection with the parties’ disparate goods, there is no likelihood of confusion between Applicant’s mark and the cited registrations.

            In light of the above amendments and remarks, Applicant respectfully requests that the Examining Attorney’s refusal of registration be withdrawn and that the subject mark be passed to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Athletic pants; Athletic shirts; Athletic shorts; Athletic skirts; Baseball caps and hats; Button down shirts; Collared shirts; Coveralls; Do rags for use as caps; Gloves; Hats; Hooded pullovers; Hooded sweat shirts; Hooded sweatshirts; Hoods; Hoods; Jackets; Neck scarves; Outer jackets; Polo knit tops; Polo shirts; Rugby tops; Shell jackets; Sport shirts; Sports caps and hats; Sports jackets; Sports shirts; Sports shirts with short sleeves; Stocking hats; Sweat jackets; Sweat pants; Sweat shirts; Sweat suits; Sweaters; Sweatpants; Sweatshirts; Sweatsuits; T-shirts; Tank tops; Tee shirts; Wind resistant jackets; Windcheaters; Woolly hats

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Aero-dynamic fairings for vehicles; Aftermarket automobile accessories, namely, arm rests for vehicle seats; Aftermarket automobile accessories, namely, car interior organizer bags, nets and trays specially adapted for fitting in vehicles; Aftermarket automobile accessories, namely, luggage bags specially adapted for fitting in the trunk of vehicles; Airbags for vehicles; Anti-theft alarms for vehicles; Anti-theft automotive alarms; Anti-theft devices for vehicles; Anti-theft warning apparatus for motor cars; Antitheft alarms for vehicles; Arm rests for vehicles; Ashtrays for automobiles; Auto accessories, namely, side mirror protective and vanity covers; Auto aftermarket accessories, namely, vehicle custom grills; Automobile bodies; Automobile bumper guards; Automobile bumpers; Automobile chassis; Automobile door handles; Automobile engines; Automobile gear shifters; Automobile gear sticks; Automobile hoods; Automobile roof racks; Automobile seat cushions; Automobile spare wheel holders; Automobile structural parts for racing purposes, namely, fuel storage cells; Automobile structural parts for racing purposes, namely, fuel storage systems and component parts; Automobile sunroofs; Automobile suspension devices, namely, coilovers; Automobile suspension system components, namely, spring perches; Automobile tires; Automobile wheel shields; Automobile windshield sunshades; Automobile windshields; Automobiles; Automobiles and structural parts therefor; Automotive body kits comprising external structural parts of automobiles; Automotive door handle scratch guards; Automotive engine mounts; Automotive hood ornaments; Automotive interior paneling; Automotive interior trim; Automotive structural parts, namely, fuel storage cells and component parts therefor; Automotive structural parts, namely, self-sealing tanks for fuel storage, coolant storage, oil storage, and/or water storage; Automotive windshield shade screens; Autonomous cars; Axles for vehicles; Badges for vehicles; Bodies for vehicles; Bodyworks for motor vehicles; Brake calipers for land vehicles; Brake cylinder repair kits, sold as a unit for land vehicles; Brake drums for land vehicles; Brake hardware for vehicles; Brake lines for vehicles; Brake rotors for land vehicles; Brakes for land vehicles; Brakes for motor cars; Brakes for vehicles; Braking systems for vehicles and parts thereof; Bumpers for automobiles; Burglar alarms for vehicles; Car interior organizer bags specially adapted for fitting in vehicles; Car window shades; Cars; Chassis for motor vehicles; Child restraints for vehicle seats; Cigar lighters for automobiles; Coachwork for motor vehicles; Computer laptop mount adapted for use in vehicles; Covers for vehicle steering wheels; Crankcases for land vehicle components, other than for engines; Cup holders for use in vehicles; Dashboards; Diesel engines for land vehicles; Direction signals for automobiles; Direction signals for vehicles; Directional signals for vehicles; Door panels for land vehicles; Doors for automobiles; Doors for vehicles; Drink holders for vehicles; Driverless cars; Driving motors for land vehicles; Electric cars; Electric drives for vehicles; Electrical anti-theft installations for vehicles; Electrically-powered motor vehicles; Emergency brake covers for motor vehicles; Engine mounts for land vehicles; Engines for land vehicles; Fitted automotive seat covers; Fitted covers for children's car seats; Fitted covers for vehicle steering wheels; Fitted dashboard covers for vehicles; Fitted seat covers for vehicles; Fitted vehicle seat covers; Fuel lines for vehicles; Gas caps for land vehicles; Gas tanks for land vehicles; Gear lever knobs for vehicles; Gearboxes for motor cars; Gearing for land vehicles; Handbrake knobs for vehicles; Head restraints for vehicles; Head rests for seats for motor cars; Head-rests for vehicle seats; Hoods for vehicle engines; Hoods for vehicles; Horns for motor cars; Horns for vehicles; Hubs for vehicle wheels; Hybrid cars; Hydraulic circuits for vehicles; Inflatable air bags for use in vehicles for the prevention of injury in accidents; Insignia for vehicles; Internal combustion engines for land vehicles; Land vehicle console parts, namely, wiring harnesses for control, monitoring and protection of industrial gasoline and diesel engines; Land vehicle parts in the nature of wire harnesses, namely, wires, terminals and connectors bundled together to transmit electric power and signals to electric or electronic equipment mounted on the body parts of automobiles; Land vehicle parts, namely, axles; Land vehicle parts, namely, drive gears; Land vehicle parts, namely, fender flares; Land vehicle parts, namely, fenders; Land vehicle parts, namely, mud guards; Land vehicle parts, namely, running boards; Land vehicle parts, namely, transmissions; Land vehicle parts, namely, wheels; Land vehicle parts, namely, windshields; Land vehicle suspension parts, namely, coil springs; Land vehicle suspension parts, namely, leaf springs; Land vehicle suspension parts, namely, torsion/sway bars; Land vehicle transmissions and replacement parts thereof; Land vehicles; Land vehicles and structural parts therefor; License plate fasteners; License plate frames; Lug nuts for vehicle wheels; Luggage nets for vehicles; Main brake cylinders; Metal covers used to cover automotive shock parts; Metal parts for vehicles, namely, automotive exterior and interior metal decorative and protective trim; Motor car convertible tops; Motor car doors; Motor car seats; Motor car windows; Motor cars; Motor vehicle alarm systems; Motor vehicle back-up beepers; Motor vehicle power locks; Motor vehicles, namely, automobiles, trucks, vans, sport utility vehicles and structural parts therefor; Motor vehicles, namely, concept motor vehicles; Motor vehicles, namely, custom hot rods; Motor vehicles, namely, passenger automobiles, their structural parts, trim and badges; Motors for automobiles; Motors for land vehicles; Motors, electric, for land vehicles; Mud flap brackets as structural parts of vehicles; Mud flap hangers; Mud flap hold-downs; Mud flap holders; Mud flap weights; Mud flaps for vehicles; Mudguards; Mudguards; Novelty license plate frames; Novelty license plate holders; Petrol tank caps for motor cars; Racing and performance after-market automobile interior parts, namely, safety nets specially adapted for and affixed to off-road recreational and racing vehicles; Racing cars; Racing motor cars; Rearview mirrors for automobiles; Reinforcing plates, namely, stiffeners for doors, roofs and trucks of vehicles; Reversing gears; Rims for vehicle wheels; Safety belts for vehicle seats; Safety seats for children for motor cars; Safety seats for infants and children for vehicles; Safety seats for use in cars; Seat belts for use in vehicles; Seat safety harnesses for motor cars; Seats for automobiles; Security devices in the nature of metal or steel plates for automotive aftermarket car and truck applications that are affixed to the vehicle to reinforce or strengthen door handles, latches and locks or lock cylinders; Self-propelled electric vehicle; Sensors for land vehicles, namely, electric power steering torque sensors, sold as a component of the power steering system; Shift boots for motor vehicles; Shock absorbers for automobiles; Shock absorbing springs for motor cars; Shock absorbing springs for vehicles; Side shields as structural parts of vehicles; Side view mirrors for vehicles; Soft tops for vehicles; Speed change gears for land vehicles; Spoilers for vehicles; Sports cars; Steering and suspension systems and parts for steering and suspension systems for vehicles, namely, upper ball joints, lower ball joints, ball joints with control arms, bushing kits, inner tie rod ends, outer tie rod ends, sleeves, idler arms, center links, stabilizer kits, inner sockets and pitman arms; Steering units for land vehicles and parts thereof; Steering wheel covers; Steering wheel covers for automobiles; Steering wheels for vehicles; Structural parts for automobiles; Sun blinds adapted for automobiles; Three-wheeled motor vehicles; Tire valves for vehicle tires; Tires; Tires for vehicle wheels; Tires for vehicles; Torsion bars for vehicles; Transmission cases for land vehicles; Transmission mounting plates for land vehicles; Transmission shafts for land vehicles; Transmission top covers for land vehicles; Transmissions, for land vehicles; Undercarriages for vehicles; Universal joints for land vehicles; Upholstery for vehicles; Valve stems for vehicle tires; Valves for vehicle tires; Vehicle bodies; Vehicle brake discs; Vehicle bumpers; Vehicle camera mount; Vehicle chassis; Vehicle head rest covers; Vehicle hood and fender louvers and vents; Vehicle hoods; Vehicle parts, namely, ball joints; Vehicle parts, namely, constant velocity joints; Vehicle parts, namely, idler arms; Vehicle parts, namely, rearview mirrors; Vehicle parts, namely, shock absorbers; Vehicle parts, namely, steering wheels; Vehicle parts, namely, sun visors; Vehicle parts, namely, suspension struts; Vehicle parts, namely, transaxles; Vehicle parts, namely, transfer cases; Vehicle parts, namely, windshield visors; Vehicle parts, namely, windshield wipers; Vehicle roll bars; Vehicle running boards; Vehicle seat belt height adjusters; Vehicle seat belt pre-tensioners; Vehicle seat belt presenters; Vehicle seat belt retractors; Vehicle seat cushions; Vehicle seat protectors; Vehicle seats; Vehicle side view mirror cover; Vehicle suspension springs; Vehicle tire valve stem caps; Vehicle wheel hub assemblies; Vehicle wheel hubs; Vehicle wheel rim protectors; Vehicle wheel rims; Vehicle wheels; Vehicle windows; Vehicle windscreens; Vehicle-mounted motor vehicle crash attenuators; Wheels; Windscreen wipers; Windscreen wipers; Windscreens for motor cars; Windshield wiper blades; Windshield wiper blades for vehicles
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 07/27/2007 and first used in commerce at least as early as 07/27/2007 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Aero-dynamic fairings for vehicles; Automobiles; Aftermarket automobile accessories, namely, arm rests for vehicle seats; Automobiles and structural parts therefor; Aftermarket automobile accessories, namely, car interior organizer bags, nets and trays specially adapted for fitting in vehicles; Automotive body kits comprising external structural parts of automobiles; Aftermarket automobile accessories, namely, luggage bags specially adapted for fitting in the trunk of vehicles; Automotive hood ornaments; Airbags for vehicles; Automotive interior and exterior trim; Anti-theft alarms for vehicles; Engines for automobiles and vehicles; Anti-theft automotive alarms; Parts and fittings for automobiles and vehicles and engines; Anti-theft devices for vehicles; Badges for vehicles; Anti-theft warning apparatus for motor cars; Bodies for automobiles and motor vehicles; Antitheft alarms for vehicles; Chassis for automobiles and motor vehicles; Arm rests for vehicles; Dashboards; Ashtrays for automobiles; Fitted automotive seat covers; Auto accessories, namely, side mirror protective and vanity covers; Motor vehicles, namely, concept motor vehicles, custom hot rods, passenger automobiles, racing cars, sports cars, and three-wheeled motor vehicles; Auto aftermarket accessories, namely, vehicle custom grills; Structural parts for automobiles; Automobile bodies; Automobile bumper guards; Automobile bumpers; Automobile chassis; Automobile door handles; Automobile engines; Automobile gear shifters; Automobile gear sticks; Automobile hoods; Automobile roof racks; Automobile seat cushions; Automobile spare wheel holders; Automobile structural parts for racing purposes, namely, fuel storage cells; Automobile structural parts for racing purposes, namely, fuel storage systems and component parts; Automobile sunroofs; Automobile suspension devices, namely, coilovers; Automobile suspension system components, namely, spring perches; Automobile tires; Automobile wheel shields; Automobile windshield sunshades; Automobile windshields; Automotive door handle scratch guards; Automotive engine mounts; Automotive interior paneling; Automotive interior trim; Automotive structural parts, namely, fuel storage cells and component parts therefor; Automotive structural parts, namely, self-sealing tanks for fuel storage, coolant storage, oil storage, and/or water storage; Automotive windshield shade screens; Autonomous cars; Axles for vehicles; Bodies for vehicles; Bodyworks for motor vehicles; Brake calipers for land vehicles; Brake cylinder repair kits, sold as a unit for land vehicles; Brake drums for land vehicles; Brake hardware for vehicles; Brake lines for vehicles; Brake rotors for land vehicles; Brakes for land vehicles; Brakes for motor cars; Brakes for vehicles; Braking systems for vehicles and parts thereof; Bumpers for automobiles; Burglar alarms for vehicles; Car interior organizer bags specially adapted for fitting in vehicles; Car window shades; Cars; Chassis for motor vehicles; Child restraints for vehicle seats; Cigar lighters for automobiles; Coachwork for motor vehicles; Computer laptop mount adapted for use in vehicles; Covers for vehicle steering wheels; Crankcases for land vehicle components, other than for engines; Cup holders for use in vehicles; Diesel engines for land vehicles; Direction signals for automobiles; Direction signals for vehicles; Directional signals for vehicles; Door panels for land vehicles; Doors for automobiles; Doors for vehicles; Drink holders for vehicles; Driverless cars; Driving motors for land vehicles; Electric cars; Electric drives for vehicles; Electrical anti-theft installations for vehicles; Electrically-powered motor vehicles; Emergency brake covers for motor vehicles; Engine mounts for land vehicles; Engines for land vehicles; Fitted covers for children's car seats; Fitted covers for vehicle steering wheels; Fitted dashboard covers for vehicles; Fitted seat covers for vehicles; Fitted vehicle seat covers; Fuel lines for vehicles; Gas caps for land vehicles; Gas tanks for land vehicles; Gear lever knobs for vehicles; Gearboxes for motor cars; Gearing for land vehicles; Handbrake knobs for vehicles; Head restraints for vehicles; Head rests for seats for motor cars; Head-rests for vehicle seats; Hoods for vehicle engines; Hoods for vehicles; Horns for motor cars; Horns for vehicles; Hubs for vehicle wheels; Hybrid cars; Hydraulic circuits for vehicles; Inflatable air bags for use in vehicles for the prevention of injury in accidents; Insignia for vehicles; Internal combustion engines for land vehicles; Land vehicle console parts, namely, wiring harnesses for control, monitoring and protection of industrial gasoline and diesel engines; Land vehicle parts in the nature of wire harnesses, namely, wires, terminals and connectors bundled together to transmit electric power and signals to electric or electronic equipment mounted on the body parts of automobiles; Land vehicle parts, namely, axles; Land vehicle parts, namely, drive gears; Land vehicle parts, namely, fender flares; Land vehicle parts, namely, fenders; Land vehicle parts, namely, mud guards; Land vehicle parts, namely, running boards; Land vehicle parts, namely, transmissions; Land vehicle parts, namely, wheels; Land vehicle parts, namely, windshields; Land vehicle suspension parts, namely, coil springs; Land vehicle suspension parts, namely, leaf springs; Land vehicle suspension parts, namely, torsion/sway bars; Land vehicle transmissions and replacement parts thereof; Land vehicles; Land vehicles and structural parts therefor; License plate fasteners; License plate frames; Lug nuts for vehicle wheels; Luggage nets for vehicles; Main brake cylinders; Metal covers used to cover automotive shock parts; Metal parts for vehicles, namely, automotive exterior and interior metal decorative and protective trim; Motor car convertible tops; Motor car doors; Motor car seats; Motor car windows; Motor cars; Motor vehicle alarm systems; Motor vehicle back-up beepers; Motor vehicle power locks; Motor vehicles, namely, automobiles, trucks, vans, sport utility vehicles and structural parts therefor; Motor vehicles, namely, concept motor vehicles; Motor vehicles, namely, custom hot rods; Motor vehicles, namely, passenger automobiles, their structural parts, trim and badges; Motors for automobiles; Motors for land vehicles; Motors, electric, for land vehicles; Mud flap brackets as structural parts of vehicles; Mud flap hangers; Mud flap hold-downs; Mud flap holders; Mud flap weights; Mud flaps for vehicles; Mudguards; Mudguards; Novelty license plate frames; Novelty license plate holders; Petrol tank caps for motor cars; Racing and performance after-market automobile interior parts, namely, safety nets specially adapted for and affixed to off-road recreational and racing vehicles; Racing cars; Racing motor cars; Rearview mirrors for automobiles; Reinforcing plates, namely, stiffeners for doors, roofs and trucks of vehicles; Reversing gears; Rims for vehicle wheels; Safety belts for vehicle seats; Safety seats for children for motor cars; Safety seats for infants and children for vehicles; Safety seats for use in cars; Seat belts for use in vehicles; Seat safety harnesses for motor cars; Seats for automobiles; Security devices in the nature of metal or steel plates for automotive aftermarket car and truck applications that are affixed to the vehicle to reinforce or strengthen door handles, latches and locks or lock cylinders; Self-propelled electric vehicle; Sensors for land vehicles, namely, electric power steering torque sensors, sold as a component of the power steering system; Shift boots for motor vehicles; Shock absorbers for automobiles; Shock absorbing springs for motor cars; Shock absorbing springs for vehicles; Side shields as structural parts of vehicles; Side view mirrors for vehicles; Soft tops for vehicles; Speed change gears for land vehicles; Spoilers for vehicles; Sports cars; Steering and suspension systems and parts for steering and suspension systems for vehicles, namely, upper ball joints, lower ball joints, ball joints with control arms, bushing kits, inner tie rod ends, outer tie rod ends, sleeves, idler arms, center links, stabilizer kits, inner sockets and pitman arms; Steering units for land vehicles and parts thereof; Steering wheel covers; Steering wheel covers for automobiles; Steering wheels for vehicles; Sun blinds adapted for automobiles; Three-wheeled motor vehicles; Tire valves for vehicle tires; Tires; Tires for vehicle wheels; Tires for vehicles; Torsion bars for vehicles; Transmission cases for land vehicles; Transmission mounting plates for land vehicles; Transmission shafts for land vehicles; Transmission top covers for land vehicles; Transmissions, for land vehicles; Undercarriages for vehicles; Universal joints for land vehicles; Upholstery for vehicles; Valve stems for vehicle tires; Valves for vehicle tires; Vehicle bodies; Vehicle brake discs; Vehicle bumpers; Vehicle camera mount; Vehicle chassis; Vehicle head rest covers; Vehicle hood and fender louvers and vents; Vehicle hoods; Vehicle parts, namely, ball joints; Vehicle parts, namely, constant velocity joints; Vehicle parts, namely, idler arms; Vehicle parts, namely, rearview mirrors; Vehicle parts, namely, shock absorbers; Vehicle parts, namely, steering wheels; Vehicle parts, namely, sun visors; Vehicle parts, namely, suspension struts; Vehicle parts, namely, transaxles; Vehicle parts, namely, transfer cases; Vehicle parts, namely, windshield visors; Vehicle parts, namely, windshield wipers; Vehicle roll bars; Vehicle running boards; Vehicle seat belt height adjusters; Vehicle seat belt pre-tensioners; Vehicle seat belt presenters; Vehicle seat belt retractors; Vehicle seat cushions; Vehicle seat protectors; Vehicle seats; Vehicle side view mirror cover; Vehicle suspension springs; Vehicle tire valve stem caps; Vehicle wheel hub assemblies; Vehicle wheel hubs; Vehicle wheel rim protectors; Vehicle wheel rims; Vehicle wheels; Vehicle windows; Vehicle windscreens; Vehicle-mounted motor vehicle crash attenuators; Wheels; Windscreen wipers; Windscreen wipers; Windscreens for motor cars; Windshield wiper blades; Windshield wiper blades for vehiclesClass 012 for Automobiles; Automobiles and structural parts therefor; Automotive body kits comprising external structural parts of automobiles; Automotive hood ornaments; Automotive interior and exterior trim; Engines for automobiles and vehicles; Parts and fittings for automobiles and vehicles and engines; Badges for vehicles; Bodies for automobiles and motor vehicles; Chassis for automobiles and motor vehicles; Dashboards; Fitted automotive seat covers; Motor vehicles, namely, concept motor vehicles, custom hot rods, passenger automobiles, racing cars, sports cars, and three-wheeled motor vehicles; Structural parts for automobiles
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 07/27/2007 and first used in commerce at least as early as 07/27/2007 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Auto body repair services; Automobile cleaning; Automobile customization services; Automobile detailing; Automobile greasing; Automobile lubrication; Automobile painting; Automobile pinstriping; Automobile polishing; Automobile reconditioning services; Automobile repair and maintenance; Automobile upfitting services; Automotive collision repair services; Automotive conversion services, namely, converting automobiles and trucks to electric power; Automotive conversion services, namely, installing specialty automotive equipment; Automotive maintenance and repair; Automotive maintenance services, namely, automotive upgrading; Automotive refinishing; Automotive upgrade services, namely, supercharging, turbocharging and performance upgrades of automobiles; Car repair and maintenance; Custom installation of automobile interiors; Garage services, namely, repair of automobiles; Motor vehicle maintenance and repair; Providing an online computer database featuring technical information about the installation and maintenance of automotive parts and their accessories; Repair and maintenance of vehicles; Repair of automobiles; Repair or maintenance of automobiles; Vehicle maintenance; Vehicle maintenance and repair; Vehicle maintenance consultation; Vehicle painting; Vehicle repair and maintenance; Vehicle repair consultation; Vehicle repair services
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 07/27/2007 and first used in commerce at least as early as 07/27/2007 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Auto body repair services; Automobile cleaning; Automobile customization services; Automobile detailing; Automobile reconditioning services; Automobile greasing; Automobile repair and maintenance; Automobile lubrication; Automobile upfitting services; Automobile painting; Automotive conversion services, namely, installing specialty automotive equipment; Automobile pinstriping; Automotive upgrade services, namely, supercharging, turbocharging and performance upgrades of automobiles; Automobile polishing; Custom installation of automobile interiors; Vehicle maintenance and repair; Automotive collision repair services; Automotive conversion services, namely, converting automobiles and trucks to electric power; Automotive maintenance and repair; Automotive maintenance services, namely, automotive upgrading; Automotive refinishing; Car repair and maintenance; Garage services, namely, repair of automobiles; Motor vehicle maintenance and repair; Providing an online computer database featuring technical information about the installation and maintenance of automotive parts and their accessories; Repair and maintenance of vehicles; Repair of automobiles; Repair or maintenance of automobiles; Vehicle maintenance; Vehicle maintenance consultation; Vehicle painting; Vehicle repair and maintenance; Vehicle repair consultation; Vehicle repair servicesClass 037 for Auto body repair services; Automobile customization services; Automobile detailing; Automobile reconditioning services; Automobile repair and maintenance; Automobile upfitting services; Automotive conversion services, namely, installing specialty automotive equipment; Automotive upgrade services, namely, supercharging, turbocharging and performance upgrades of automobiles; Custom installation of automobile interiors; Vehicle maintenance and repair
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 07/27/2007 and first used in commerce at least as early as 07/27/2007 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Hoover Chan/     Date: 04/24/2017
Signatory's Name: Hoover Chan
Signatory's Position: President

Signatory's Phone Number: 925-455-1066

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87306115
Internet Transmission Date: Mon Apr 24 18:01:07 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2017042418010707
1968-87306115-5809590ce29eca4703aa4c3215
978288df196d3de04da1c2d9bde5fa27bbc20f3-
N/A-N/A-20170424173950076696