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 |
88014053 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
| MARK SECTION (current) |
| MARK FILE NAME |
http://uspto.report/TM/88014053/mark.png |
| LITERAL ELEMENT |
COLTER CO. |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of A diamond shape surround by a rope design. The words Colter Co. are in the center, letters stacked to form a diamond
inside the outer shape. There is a smaller diamond at the bottom below the words Colter Co. |
| MARK SECTION (proposed) |
| MARK FILE NAME |
\\TICRS\EXPORT17\IMAGEOUT 17\880\140\88014053\xml8\ RFR0002.JPG |
| LITERAL ELEMENT |
COLTER ADVENTURE CO. |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| COLOR MARK |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of A diamond shape surround by a rope design. The words Colter Co. are in the center, letters stacked to form a diamond
inside the outer shape. There is a smaller diamond at the bottom below the words Colter Co. |
| PIXEL COUNT ACCEPTABLE |
YES |
| PIXEL COUNT |
662 x 900 |
| EVIDENCE SECTION |
EVIDENCE
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\880\140\88014053\xml8\ RFR0003.JPG |
| DESCRIPTION OF EVIDENCE FILE |
New logo mark with TM deleted and with the addition of the word "Adventure". |
| GOODS AND/OR SERVICES SECTION (025)(current) |
| INTERNATIONAL CLASS |
025 |
| DESCRIPTION |
Bandanas |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 11/14/2014 |
| FIRST USE IN COMMERCE DATE |
At least as early as 11/14/2014 |
| GOODS AND/OR SERVICES SECTION (025)(proposed) |
| INTERNATIONAL CLASS |
025 |
| TRACKED TEXT DESCRIPTION |
Bandanas; Bandanas, t-shirts, survival gear, camping equipment,
outdoor gear. |
| FINAL DESCRIPTION |
| Bandanas, t-shirts, survival gear, camping equipment, outdoor gear. |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
DELETED |
| FIRST USE IN COMMERCE DATE |
DELETED |
| GOODS AND/OR SERVICES SECTION (028)(class added) |
| INTERNATIONAL CLASS |
028 |
| DESCRIPTION |
| Bandanas, t-shirts, survival gear, camping equipment, outdoor gear. |
| FILING BASIS |
Section 1(a) |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
In the previous round I had thought the limiting my reach to just bandanas would allow me to be distinguished in that category. Since the
ruling came back that it still won't I have amended the name to be "Colter Adventure Co." The mark reflects this change, and should be a much more ownable name. |
MISCELLANEOUS
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\880\140\88014053\xml8\ RFR0004.JPG |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| APPLICATION FOR REGISTRATION PER CLASS |
225 |
| TOTAL FEES DUE |
225 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/John Kendall/ |
| SIGNATORY'S NAME |
John Kendall |
| SIGNATORY'S POSITION |
Owner |
| SIGNATORY'S PHONE NUMBER |
9713223963 |
| DATE SIGNED |
01/29/2019 |
| AUTHORIZED SIGNATORY |
YES |
| CONCURRENT APPEAL NOTICE FILED |
NO |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Jan 29 13:11:33 EST 2019 |
| TEAS STAMP |
USPTO/RFR-XX.XX.XXX.XXX-2
0190129131133684133-88014
053-620539948ab9f7ffdb518
696a5097cf83b270f1d698721
3abe691dc436923dde49-CC-1
2610-20190129122423247477 |
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.
88014053 COLTER CO. (Stylized and/or with Design, see http://uspto.report/TM/88014053/mark.png) has been amended as follows:
MARK
Applicant proposes to amend the mark as follows:
Current: COLTER CO. (Stylized and/or with Design, see http://uspto.report/TM/88014053/mark.png)
Proposed: COLTER ADVENTURE CO. (Stylized and/or with Design, see
mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of A diamond shape surround by a rope design. The words Colter Co. are in the center, letters stacked to form a diamond inside the outer shape. There is a smaller diamond at the
bottom below the words Colter Co.
EVIDENCE
Evidence in the nature of New logo mark with TM deleted and with the addition of the word "Adventure". has been attached.
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Bandanas
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 11/14/2014
and first used in commerce at least as early as 11/14/2014 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Bandanas;
Bandanas, t-shirts, survival gear, camping equipment, outdoor gear.Class 025 for
Bandanas, t-shirts, survival gear, camping equipment, outdoor gear.
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 date of first use of the mark anywhere has been
deleted. The date of first use of the mark in commerce has been deleted.
Applicant hereby adds the following class of goods/services to the application:
New: Class 028 for Bandanas, t-shirts, survival gear, camping equipment, outdoor gear.
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.
ADDITIONAL STATEMENTS
Miscellaneous Statement
In the previous round I had thought the limiting my reach to just bandanas would allow me to be distinguished in that category. Since the ruling came back that it still won't I have amended the name
to be "Colter Adventure Co." The mark reflects this change, and should be a much more ownable name.
Miscellaneous File1
FEE(S)
Fee(s) in the amount of $225 is being submitted.
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /John Kendall/ Date: 01/29/2019
Signatory's Name: John Kendall
Signatory's Position: Owner
Signatory's Phone Number: 9713223963
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
RAM Sale Number: 88014053
RAM Accounting Date: 01/29/2019
Serial Number: 88014053
Internet Transmission Date: Tue Jan 29 13:11:33 EST 2019
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2019012913113368
4133-88014053-620539948ab9f7ffdb518696a5
097cf83b270f1d6987213abe691dc436923dde49
-CC-12610-20190129122423247477
