Post Publication Amendment

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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 87342539 EQUINOX (Stylized and/or with Design, see http://uspto.report/TM/87342539/mark.png) has been amended as follows:

EXPLANATION OF FILING
The Applicant respectfully requests that the intent to use goods be deleted and that application no. 87/342,539 should proceed to registration for the goods in the application that are already based on §1(a).

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for (Based on Use in Commerce) Personal watercraft, namely, kayaks; kayak accessories, namely, kayak paddles and kayak carriers; (Based on Intent to Use) Kayak accessories, namely, kayak carts and spray skirts
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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/services that meet the certification standards of the applicant.

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 08/01/2007 and first used in commerce at least as early as 08/01/2007 , and is now in use in such commerce.

Proposed:
Tracked Text Description: (Based on Use in Commerce) Personal watercraft, namely, kayaks; Personal watercraft, namely, kayaks; kayak accessories, namely, kayak paddles and kayak carriers; (Based on Intent to Use) Kayak accessories, namely, kayak carts and spray skirtsClass 012 for Personal watercraft, namely, kayaks; kayak accessories, namely, kayak paddles and kayak carriers
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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/services that meet the certification standards of the applicant.

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 08/01/2007 and first used in commerce at least as early as 08/01/2007 , and is now in use in such commerce.
SIGNATURE(S)

Signature: /wrobertson/     Date: 06/29/2018
Signatory's Name: Wendy Robertson
Signatory's Position: Attorney of record, Tennessee bar member

Signatory's Phone Number: 901-579-3128

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 applicant'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 applicant 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: 87342539
Internet Transmission Date: Fri Jun 29 11:30:41 EDT 2018
TEAS Stamp: USPTO/PPA-XXX.XX.XXX.X-20180629113041805
329-87342539-6105df9831b69eb623d7e9b99c1
734458bbba338d9320d0f74c1af96afa9661607e
-N/A-N/A-20180629111000180116