TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/30/2020)

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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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/30/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 87735643 BANUK (Stylized and/or with Design, see http://uspto.report/TM/87735643/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Canada registration number TMA1081867 registered 09/28/2020, with a renewal date of __________ and an expiration date of __________ , and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_10721794121-191631977_ ._BANUK___Design_-_Regist ration_Certificate.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 005 for first aid kits; insect repellents

Applicant hereby deletes the following class of goods/services from the application.
Class 007 for motors for boats; engines for boats; electric generators; portable electric power generators

Applicant hereby deletes the following class of goods/services from the application.
Class 008 for hunting knives; filleting knives; gardeners' knives; blades for knives; scalpels, namely, hobby knives; table cutlery, namely, knives, forks, and spoons

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for emergency led signaling flares; emergency warning lights; protection and safety apparatus, namely, inflatable flotation devices

Applicant hereby deletes the following class of goods/services from the application.
Class 011 for portable camping stoves; barbeque and grills; barbecue grills; torches, namely, flashlights; flashlights utilizing electric rechargeable devices; electric lanterns; lanterns for lighting, emergency lamps; portable electric heaters

Applicant hereby deletes the following class of goods/services from the application.
Class 012 for boats

Applicant hereby deletes the following class of goods/services from the application.
Class 013 for signal rocket flares; flare pistols; rescue flares; explosives or pyrotechnicals, pyrotechnic flares

Applicant hereby deletes the following class of goods/services from the application.
Class 018 for all-purpose carrying and sports bags for use by campers; hunter's game bags; hunting accessories, namely, hunting bags; backpacks; gear bags; duffle bags

Applicant hereby deletes the following class of goods/services from the application.
Class 020 for camping furniture; camping mattresses; beds; camp beds; foam camping mattresses; furniture for camping; metal furniture and furniture for camping; portable folding chairs

Applicant hereby deletes the following class of goods/services from the application.
Class 021 for camping grills; cooking grills; portable pots and pans for camping; water bottles sold empty; portable coolers; cooking utensils, namely, spatulas, mixing spoons, turners, basting brushes, kitchen tongs, whisks, pasta serving forks, honey dippers, ladles, potato mashers, wire skimmers and mesh strainers; dishes; portable water carriers and containers made of plastics, namely, plastic water bottles sold empty

Applicant hereby deletes the following class of goods/services from the application.
Class 022 for camping tents; tents for camping; hammocks

Applicant hereby deletes the following class of goods/services from the application.
Class 024 for bed blankets; woolen blankets; bed linen and blankets; sleeping bags

Applicant hereby deletes the following class of goods/services from the application.
Class 028 for fishing tackle; fishing equipment, namely, fishing lure and tackle boxes, leaders, hooks, fish flies, spinners, reels, rod holders, rod handles, rods, poles, lures, spoons, jigs, streamers, buoys, fish attractants, fishing nets, floats, bait holders, bobbers, and lines; fishing rods; hunting game calls; hunting lures

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for clothing, namely, tops, bottoms, headwear, sleepwear, gloves, scarves, jackets, vests, socks, footwear, rubbers (footwear), fishing footwear, sports footwear, fishing vests, hunting vests, hunting jackets, hunting pants, hunting boots, thermal underwear
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1,875,179 filed 12/27/2017]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: clothing, namely, tops, bottoms, headwear, sleepwear, gloves, scarves, jackets, vests, socks, footwear, rubbers (footwear), fishing footwear, sports footwear, fishing vests, hunting vests, hunting jackets, hunting pants, hunting boots, thermal underwear; Clothing namely athletic clothing, casual clothing, dress clothing, fishing clothing, outdoor winter clothing, footwear namely athletic footwear, casual footwear, outdoor winter footwear, rubbers (footwear) namely rain footwear, rubber boots and rubber shoes, fishing footwear namely rubber fishing boots, fishing waders, sports footwear, fishing vests, hunting vests, hunting jackets, hunting pants, hunting boots, thermal underwear, fishing glovesClass 025 for Clothing namely athletic clothing, casual clothing, dress clothing, fishing clothing, outdoor winter clothing, footwear namely athletic footwear, casual footwear, outdoor winter footwear, rubbers (footwear) namely rain footwear, rubber boots and rubber shoes, fishing footwear namely rubber fishing boots, fishing waders, sports footwear, fishing vests, hunting vests, hunting jackets, hunting pants, hunting boots, thermal underwear, fishing gloves
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1,875,179 filed 12/27/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number TMA1081867 registered 09/28/2020 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU12-1-10721794121-19163 1977_._BANUK___Design_-_R egistration_Certificate.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Canadian Tire Corporation, Limited a(n) limited company (ltd.), legally organized under the laws of Canada, having an address of
      2180 Yonge Street
      Toronto, Ontario, M4P2V8
      Canada
Proposed: Canadian Tire Corporation, Limited, limited company (ltd.) legally organized under the laws of Canada, having an address of
      2180 Yonge Street
      Toronto, Ontario, M4P2V8
      Canada
      Email Address: XXXX
Correspondence Information (current):
      David A.W. Wong
      PRIMARY EMAIL FOR CORRESPONDENCE: dwong@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmindocket@btlaw.com
Correspondence Information (proposed):
      David A.W. Wong
      PRIMARY EMAIL FOR CORRESPONDENCE: dwong@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmindocket@btlaw.com; cbrinson@btlaw.com

The docket/reference number is 74471-273981.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /dwong/     Date: 10/27/2020
Signatory's Name: David A. W. Wong
Signatory's Position: Attorney of record, Indiana bar member
Signatory's Phone Number: 3172361313

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    David A.W. Wong
   BARNES & THORNBURG LLP
   
   11 SOUTH MERIDIAN STREET
   INDIANAPOLIS, Indiana
Mailing Address:    David A.W. Wong
   BARNES & THORNBURG LLP
   11 SOUTH MERIDIAN STREET
   INDIANAPOLIS, Indiana 46204-3535
        
Serial Number: 87735643
Internet Transmission Date: Tue Oct 27 19:42:20 ET 2020
TEAS Stamp: USPTO/RSI-XXX.XXX.XX.XXX-202010271942202
82711-87735643-75023dd12e4e4cd655a11b583
f2b31e9ef38af1f7b69add83c155ed2546ca1ce3
3-N/A-N/A-20201027191631977540