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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87906558 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
http://uspto.report/TM/87906558/mark.png |
LITERAL ELEMENT |
XERO |
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 (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Spotting scopes for guns; telescopic sights for guns; measuring and sighting apparatus for guns and weapons, namely, scopes,
illuminated scopes, spotting scopes, optical or telescopic lens sights for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; tactical laser sights; laser pointing
devices for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; laser distance meters; shotgun radar for use with guns, air guns, rifles, air rifles, pistols, air pistols
or crossbows; training apparatus for sport, hunting, archery, firearms, and weapons; telescopes for marine, land or astronomy use; binoculars; monoculars; night vision monoculars, binoculars,
telescopes and rifle scopes; spyglasses; lasers not for medical use; telemeters; compasses; range finders for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows for sport,
hunting, archery, firearms, and weapons; range finders for cameras; game cameras; Global positioning systems (GPS) incorporating smartwatches; computer application software for mobile phones for
sport, hunting, archery and firearms for data storage, data logging, and data communication; downloadable computer software applications for sport, hunting, archery and firearms for data storage,
data logging, and data communication; cases for the above-named goods; protective lens covers for optical or telescopic sights for guns, air guns, rifles, air rifles, pistols, air pistols or
crossbows; lens caps for riflescopes; tripods for telescopes, spotting scopes, binoculars, rangefinders and cameras; and parts and fittings therefor |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Spotting scopes for guns; telescopic sights for guns; measuring
and sighting apparatus for guns and weapons, namely, scopes, illuminated scopes, spotting scopes, optical or telescopic lens sights for use with guns, air guns, rifles, air rifles, pistols, air
pistols or crossbows; tactical laser sights; laser pointing devices for use with guns, air guns, rifles, air rifles, pistols, air pistols or
crossbows; laser distance meters; shotgun radar for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows;
training apparatus for sport, hunting, archery, firearms, and weapons; training apparatus for sport, hunting, archery,
firearms, and weapons namely, using sensors and software for improving shooting skills; telescopes for marine, land or astronomy use; binoculars; monoculars; night vision monoculars, binoculars, telescopes and rifle scopes; spyglasses;
lasers not for medical use; telemeters; compasses; range finders for use with guns, air guns,
rifles, air rifles, pistols, air pistols or crossbows for sport, hunting, archery, firearms, and weapons; range finders for cameras; game
cameras; Global positioning systems (GPS) incorporating smartwatches; computer application software for mobile phones for sport, hunting,
archery and firearms for data storage, data logging, and data communication; downloadable computer software applications for sport, hunting, archery and firearms for data
storage, data logging, and data communication; cases for the above-named goods; protective lens covers for optical or telescopic sights for
guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; lens caps for riflescopes; tripods for telescopes, spotting scopes,
binoculars, rangefinders and cameras; and parts and fittings therefor; and parts and fittings therefor. |
FINAL DESCRIPTION |
Spotting scopes for guns; telescopic sights for guns; measuring and sighting apparatus for guns and weapons, namely, scopes,
illuminated scopes, spotting scopes, optical or telescopic lens sights for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; tactical laser sights; laser pointing
devices for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; laser distance meters; shotgun radar for use with guns, air guns, rifles, air rifles, pistols, air pistols
or crossbows; training apparatus for sport, hunting, archery, firearms, and weapons namely, using sensors and software for improving shooting skills; telescopes for marine, land or astronomy use;
binoculars; monoculars; night vision monoculars, binoculars, telescopes and rifle scopes; spyglasses; lasers not for medical use; telemeters; compasses; range finders for use with guns, air guns,
rifles, air rifles, pistols, air pistols or crossbows for sport, hunting, archery, firearms, and weapons; range finders for cameras; game cameras; Global positioning systems (GPS) incorporating
smartwatches; computer application software for mobile phones for sport, hunting, archery and firearms for data storage, data logging, and data communication; downloadable computer software
applications for sport, hunting, archery and firearms for data storage, data logging, and data communication; cases for the above-named goods; protective lens covers for optical or telescopic sights
for guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; lens caps for riflescopes; tripods for telescopes, spotting scopes, binoculars, rangefinders and cameras; and parts and
fittings therefor. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (013)(no change) |
GOODS AND/OR SERVICES SECTION (028)(no change) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/David V Ayres/ |
SIGNATORY'S NAME |
David V. Ayres |
SIGNATORY'S POSITION |
Attorney of record, Kansas bar member |
SIGNATORY'S PHONE NUMBER |
913-397-8200 |
DATE SIGNED |
11/07/2018 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 07 11:55:29 EST 2018 |
TEAS STAMP |
USPTO/RFR-XXX.XX.XXX.XXX-
20181107115529857449-8790
6558-610b5e372aed62f93bb1
7646c9cb28bdf2fb247e85474
b36b22f8a93c6a717229-N/A-
N/A-20181107110740600730 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
87906558 XERO(Standard Characters, see http://uspto.report/TM/87906558/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 009 for Spotting scopes for guns; telescopic sights for guns; measuring and sighting apparatus for guns and weapons, namely, scopes, illuminated scopes, spotting scopes, optical
or telescopic lens sights for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; tactical laser sights; laser pointing devices for use with guns, air guns, rifles, air
rifles, pistols, air pistols or crossbows; laser distance meters; shotgun radar for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; training apparatus for sport,
hunting, archery, firearms, and weapons; telescopes for marine, land or astronomy use; binoculars; monoculars; night vision monoculars, binoculars, telescopes and rifle scopes; spyglasses; lasers not
for medical use; telemeters; compasses; range finders for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows for sport, hunting, archery, firearms, and weapons; range
finders for cameras; game cameras; Global positioning systems (GPS) incorporating smartwatches; computer application software for mobile phones for sport, hunting, archery and firearms for data
storage, data logging, and data communication; downloadable computer software applications for sport, hunting, archery and firearms for data storage, data logging, and data communication; cases for
the above-named goods; protective lens covers for optical or telescopic sights for guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; lens caps for riflescopes; tripods for
telescopes, spotting scopes, binoculars, rangefinders and cameras; and parts and fittings therefor
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.
Proposed:
Tracked Text Description: Spotting scopes for guns;
telescopic sights for guns;
measuring and sighting apparatus for guns
and weapons, namely, scopes, illuminated scopes, spotting scopes, optical or telescopic lens sights for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows;
tactical laser sights;
laser pointing devices for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows;
laser distance meters;
shotgun radar for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows;
training apparatus for sport, hunting, archery, firearms, and weapons;
training apparatus for sport, hunting, archery, firearms, and weapons namely,
using sensors and software for improving shooting skills;
telescopes for marine, land or astronomy use;
binoculars;
monoculars;
night vision monoculars, binoculars, telescopes and rifle scopes;
spyglasses;
lasers not for
medical use;
telemeters;
compasses;
range finders for use with guns, air guns, rifles, air rifles, pistols, air
pistols or crossbows for sport, hunting, archery, firearms, and weapons;
range finders for cameras;
game cameras;
Global positioning systems (GPS) incorporating smartwatches;
computer application software for mobile phones for sport, hunting, archery and firearms for data
storage, data logging, and data communication;
downloadable computer software applications for sport, hunting, archery and firearms for data storage, data logging, and
data communication;
cases for the above-named goods;
protective lens covers for optical or telescopic sights for guns, air guns, rifles, air
rifles, pistols, air pistols or crossbows;
lens caps for riflescopes;
tripods for telescopes, spotting scopes, binoculars, rangefinders and
cameras;
and parts and fittings therefor;
and parts and fittings therefor.Class 009 for Spotting scopes for
guns; telescopic sights for guns; measuring and sighting apparatus for guns and weapons, namely, scopes, illuminated scopes, spotting scopes, optical or telescopic lens sights for use with guns, air
guns, rifles, air rifles, pistols, air pistols or crossbows; tactical laser sights; laser pointing devices for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; laser
distance meters; shotgun radar for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; training apparatus for sport, hunting, archery, firearms, and weapons namely, using
sensors and software for improving shooting skills; telescopes for marine, land or astronomy use; binoculars; monoculars; night vision monoculars, binoculars, telescopes and rifle scopes; spyglasses;
lasers not for medical use; telemeters; compasses; range finders for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows for sport, hunting, archery, firearms, and weapons;
range finders for cameras; game cameras; Global positioning systems (GPS) incorporating smartwatches; computer application software for mobile phones for sport, hunting, archery and firearms for data
storage, data logging, and data communication; downloadable computer software applications for sport, hunting, archery and firearms for data storage, data logging, and data communication; cases for
the above-named goods; protective lens covers for optical or telescopic sights for guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; lens caps for riflescopes; tripods for
telescopes, spotting scopes, binoculars, rangefinders and cameras; and parts and fittings therefor.
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.
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /David V Ayres/ Date: 11/07/2018
Signatory's Name: David V. Ayres
Signatory's Position: Attorney of record, Kansas bar member
Signatory's Phone Number: 913-397-8200
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 87906558
Internet Transmission Date: Wed Nov 07 11:55:29 EST 2018
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XXX-201811071155298
57449-87906558-610b5e372aed62f93bb17646c
9cb28bdf2fb247e85474b36b22f8a93c6a717229
-N/A-N/A-20181107110740600730