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 |
87441972 |
LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
MARK SECTION |
MARK |
http://uspto.report/TM/87441972/mark.png |
LITERAL ELEMENT |
GREEN ELEPHANT |
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. |
GOODS AND/OR SERVICES SECTION (022)(current) |
INTERNATIONAL CLASS |
022 |
DESCRIPTION |
Tents; Waterproof shelters used as a portable temporary changing room; Waterproof shelters used for concealing a portable toilet;
shelters used as alternatives to tents; Tents and tent accessories sold as a unit therewith, namely, tent poles and tent pegs and/or stakes; Tents and tent accessories sold as a unit therewith,
namely, guy lines and tensioners; Tent and tent accessories sold as a unit, namely, tent storage bags, rain flies, vinyl ground cloths, tent pole storage sacks, and gear loft platforms used for
storage; Bivouac sacks; Tents for mountaineering or camping; Tents not for camping; Tents made of textile materials; Tents comprised primarily of tensile fabric membranes; Tent flies; Rain flies for
tents; Tents for vehicles; Tents for caravans; Nets for shading; Hammocks; Tarpaulins; Tarpaulins used for shading from sunlight; Canvas tarpaulins; Safety tarpaulins; Garden nets or tarpaulins;
All-purpose tarpaulins of plastic; Tarpaulins, not fitted covers specifically designed for vehicles; Tarpaulins made from plastics coated materials; Canvas canopies |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 03/10/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/10/2017 |
GOODS AND/OR SERVICES SECTION (022)(proposed) |
INTERNATIONAL CLASS |
022 |
TRACKED TEXT DESCRIPTION |
Tents; Waterproof shelters used as a portable temporary changing room;
shelters used as alternatives to tents, namely, bivouac and tarpaulins; Waterproof shelters used for concealing a portable
toilet; Tents and tent accessories sold as a unit therewith, namely, tensioners in the nature of guy lines not of metal; shelters used as alternatives to tents; Tent and tent accessories sold as a unit, namely, tent storage bags in the nature of wet bags for temporary
storage of clothing, rain flies for tents, vinyl ground cloths, tent poles storage sacks, and gear loft platforms in the nature of hanging mesh bags used for storage; Tents and tent accessories sold as a unit therewith, namely, tent poles and tent pegs and/or stakes; Bivouac sacks; Tents and
tent accessories sold as a unit therewith, namely, guy lines and tensioners; Tents for mountaineering or camping; Tent and tent
accessories sold as a unit, namely, tent storage bags, rain flies, vinyl ground cloths, tent pole storage sacks, and gear loft platforms used for storage; Tents not for
camping; Tents made of textile materials; Tents comprised primarily of tensile fabric membranes; Tent flies;
Rain flies for tents; Tents for vehicles, namely, awnings for vehicles made of textile or synthetic material; Tents for caravans, namely, awnings for caravans made of textile or synthetic material; Netting for shading; Tents for vehicles; Hammocks; Tents for caravans; Tarpaulins; Nets for shading; Tarpaulins used for shading from sunlight; Canvas tarpaulins; Safety tarpaulins;
tarpaulins, namely, garden nets; All-purpose tarpaulins of plastic; Tarpaulins, not fitted covers specifically
designed for vehicles; Garden nets or tarpaulins; Tarpaulins made from plastics coated materials; Canvas canopies; all of the foregoing made in whole or substantial part of environmentally friendly materials. |
FINAL DESCRIPTION |
Tents; shelters used as alternatives to tents, namely, bivouac and tarpaulins; Tents and tent accessories sold as a unit therewith,
namely, tensioners in the nature of guy lines not of metal; Tent and tent accessories sold as a unit, namely, tent storage bags in the nature of wet bags for temporary storage of clothing, rain flies
for tents, vinyl ground cloths, tent poles storage sacks, and gear loft platforms in the nature of hanging mesh bags used for storage; Bivouac sacks; Tents for mountaineering or camping; Tents not
for camping; Tents made of textile materials; Tents comprised primarily of tensile fabric membranes; Tent flies; Rain flies for tents; Tents for vehicles, namely, awnings for vehicles made of textile
or synthetic material; Tents for caravans, namely, awnings for caravans made of textile or synthetic material; Netting for shading; Hammocks; Tarpaulins; Tarpaulins used for shading from sunlight;
Canvas tarpaulins; Safety tarpaulins; tarpaulins, namely, garden nets; All-purpose tarpaulins of plastic; Tarpaulins, not fitted covers specifically designed for vehicles; Tarpaulins made from
plastics coated materials; Canvas canopies; all of the foregoing made in whole or substantial part of environmentally friendly materials. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 03/10/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/10/2017 |
GOODS AND/OR SERVICES SECTION (006)(class added) |
INTERNATIONAL CLASS |
006 |
DESCRIPTION |
Tent accessories, namely, metal tent poles, tent pegs and tent stakes; all of the foregoing made in whole or substantial part of
environmentally friendly materials. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 03/10/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/10/2017 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\874\419\87441972\xml4\ ROA0002.JPG |
SPECIMEN DESCRIPTION |
Applicant's selling page showing the mark |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use GREEN apart from the mark as shown. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/YRC/ |
SIGNATORY'S NAME |
Yael Rouach Cabilly |
SIGNATORY'S POSITION |
Attorney of Record, NY Bar Member |
DATE SIGNED |
12/28/2017 |
RESPONSE SIGNATURE |
/YRC/ |
SIGNATORY'S NAME |
Yael Rouach Cabilly |
SIGNATORY'S POSITION |
Attorney of Record, NY Bar Member |
DATE SIGNED |
12/28/2017 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Dec 28 04:50:29 EST 2017 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0171228045029672826-87441
972-510fc67cd4fd3b24992a4
110c137ecc57fc0fb19432488
26697fceb81d6a8-CC-5789-2
0171228042717465799 |
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.
87441972 GREEN ELEPHANT(Standard Characters, see http://uspto.report/TM/87441972/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 022 for Tents; Waterproof shelters used as a portable temporary changing room; Waterproof shelters used for concealing a portable toilet; shelters used as alternatives to tents;
Tents and tent accessories sold as a unit therewith, namely, tent poles and tent pegs and/or stakes; Tents and tent accessories sold as a unit therewith, namely, guy lines and tensioners; Tent and
tent accessories sold as a unit, namely, tent storage bags, rain flies, vinyl ground cloths, tent pole storage sacks, and gear loft platforms used for storage; Bivouac sacks; Tents for mountaineering
or camping; Tents not for camping; Tents made of textile materials; Tents comprised primarily of tensile fabric membranes; Tent flies; Rain flies for tents; Tents for vehicles; Tents for caravans;
Nets for shading; Hammocks; Tarpaulins; Tarpaulins used for shading from sunlight; Canvas tarpaulins; Safety tarpaulins; Garden nets or tarpaulins; All-purpose tarpaulins of plastic; Tarpaulins, not
fitted covers specifically designed for vehicles; Tarpaulins made from plastics coated materials; Canvas canopies
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 03/10/2017
and first used in commerce at least as early as 03/10/2017 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Tents;
Waterproof shelters used as a portable temporary changing room;
shelters used as alternatives to tents, namely, bivouac and tarpaulins;
Waterproof shelters used for concealing a portable toilet;
Tents and tent accessories sold as a unit therewith, namely, tensioners in the nature of guy lines not of metal;
shelters used as alternatives to
tents;
Tent and tent accessories sold as a unit, namely, tent storage bags in the nature of wet bags for temporary storage of clothing, rain flies for tents,
vinyl ground cloths, tent poles storage sacks, and gear loft platforms in the nature of hanging mesh bags used for storage;
Tents and tent accessories sold as a
unit therewith, namely, tent poles and tent pegs and/or stakes;
Bivouac sacks;
Tents and tent accessories sold as a unit therewith,
namely, guy lines and tensioners;
Tents for mountaineering or camping;
Tent and tent accessories sold as a unit, namely, tent storage
bags, rain flies, vinyl ground cloths, tent pole storage sacks, and gear loft platforms used for storage;
Tents not for camping;
Tents made of
textile materials;
Tents comprised primarily of tensile fabric membranes;
Tent flies;
Rain flies for tents;
Tents for vehicles, namely, awnings for vehicles made of textile or synthetic material;
Tents for caravans, namely, awnings for
caravans made of textile or synthetic material;
Netting for shading;
Tents for vehicles;
Hammocks;
Tents for caravans;
Tarpaulins;
Nets for shading;
Tarpaulins used for shading from sunlight;
Canvas tarpaulins;
Safety tarpaulins;
tarpaulins,
namely, garden nets;
All-purpose tarpaulins of plastic;
Tarpaulins, not fitted covers specifically designed for vehicles;
Garden nets or tarpaulins;
Tarpaulins made from plastics coated materials;
Canvas canopies;
all of the foregoing made in whole or substantial part of environmentally friendly materials.Class 022 for Tents; shelters used as alternatives to tents, namely, bivouac and
tarpaulins; Tents and tent accessories sold as a unit therewith, namely, tensioners in the nature of guy lines not of metal; Tent and tent accessories sold as a unit, namely, tent storage bags in the
nature of wet bags for temporary storage of clothing, rain flies for tents, vinyl ground cloths, tent poles storage sacks, and gear loft platforms in the nature of hanging mesh bags used for storage;
Bivouac sacks; Tents for mountaineering or camping; Tents not for camping; Tents made of textile materials; Tents comprised primarily of tensile fabric membranes; Tent flies; Rain flies for tents;
Tents for vehicles, namely, awnings for vehicles made of textile or synthetic material; Tents for caravans, namely, awnings for caravans made of textile or synthetic material; Netting for shading;
Hammocks; Tarpaulins; Tarpaulins used for shading from sunlight; Canvas tarpaulins; Safety tarpaulins; tarpaulins, namely, garden nets; All-purpose tarpaulins of plastic; Tarpaulins, not fitted
covers specifically designed for vehicles; Tarpaulins made from plastics coated materials; Canvas canopies; all of the foregoing made in whole or substantial part of environmentally friendly
materials.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 03/10/2017
and first used in commerce at least as early as 03/10/2017 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for Tent accessories, namely, metal tent poles, tent pegs and tent stakes; all of the foregoing made in whole or substantial part of environmentally friendly materials.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 03/10/2017
and first used in commerce at least as early as 03/10/2017 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 006 . The specimen(s) submitted consists of Applicant's selling page showing the mark .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use GREEN apart from the mark as shown.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /YRC/ Date: 12/28/2017
Signatory's Name: Yael Rouach Cabilly
Signatory's Position: Attorney of Record, NY Bar Member
Response Signature
Signature: /YRC/ Date: 12/28/2017
Signatory's Name: Yael Rouach Cabilly
Signatory's Position: Attorney of Record, NY Bar Member
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.
RAM Sale Number: 87441972
RAM Accounting Date: 12/28/2017
Serial Number: 87441972
Internet Transmission Date: Thu Dec 28 04:50:29 EST 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2017122804502967
2826-87441972-510fc67cd4fd3b24992a4110c1
37ecc57fc0fb1943248826697fceb81d6a8-CC-5
789-20171228042717465799