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 |
88045885 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88045885/mark.png |
LITERAL ELEMENT |
BLACKTOP |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Medical adhesive tape; Medical adhesive tape in the nature of kinesiology; Nonmedicated heating and cooling athletic tape; Nonmedicated
adhesive tape in the nature of kinesiology nonmedicated adhesive tape for treating muscle fatigue, swelling, muscle strains, joint pain, shin splints, ligament strains, acute and chronic injuries,
edema, inflammation, musculoskeletal pain; Nonmedicated adhesive tape for decreasing pain, increasing muscle activity, inhibiting muscle activity, joint support, improving proprioception, enhancing
circulation |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/31/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/31/2018 |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Medical adhesive tape; Medical adhesive tape in the nature of kinesiology;
Nonmedicated heating and cooling athletic tape; Medical adhesive tape not containing medicine, in the nature of kinesiology
adhesive tape for treating muscle fatigue, swelling, muscle strains, joint pain, shin splints, ligament strains, acute and chronic injuries, edema, inflammation and musculoskeletal pain;
Nonmedicated adhesive tape in the nature of kinesiology nonmedicated adhesive tape for treating muscle fatigue, swelling, muscle strains, joint pain, shin splints,
ligament strains, acute and chronic injuries, edema, inflammation, musculoskeletal pain; Medical adhesive tape, not containing medicine, for decreasing pain,
increasing muscle activity, inhibiting muscle activity, joint support, improving proprioception and enhancing circulation; Nonmedicated adhesive tape for
decreasing pain, increasing muscle activity, inhibiting muscle activity, joint support, improving proprioception, enhancing circulation |
FINAL DESCRIPTION |
Medical adhesive tape; Medical adhesive tape in the nature of kinesiology; Medical adhesive tape not containing medicine, in the nature
of kinesiology adhesive tape for treating muscle fatigue, swelling, muscle strains, joint pain, shin splints, ligament strains, acute and chronic injuries, edema, inflammation and musculoskeletal
pain; Medical adhesive tape, not containing medicine, for decreasing pain, increasing muscle activity, inhibiting muscle activity, joint support, improving proprioception and enhancing
circulation |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/31/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/31/2018 |
GOODS AND/OR SERVICES SECTION (028)(class added) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Non-medicated heating and cooling athletic tape |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/31/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/31/2018 |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Alexandria R. Munro/ |
SIGNATORY'S NAME |
Alexandria R. Munro |
SIGNATORY'S POSITION |
Attorney of Record, Iowa Bar Member |
DATE SIGNED |
12/05/2018 |
RESPONSE SIGNATURE |
/Alexandria R. Munro/ |
SIGNATORY'S NAME |
Alexandria R. Munro |
SIGNATORY'S POSITION |
Attorney of Record, Iowa Bar Member |
DATE SIGNED |
12/05/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Dec 05 15:27:10 EST 2018 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0181205152710510611-88045
885-61071d7341265df99b947
e81dfec8d729f17f278b24c0d
be1daed214824942332-DA-13
827-20181205152453539947 |
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.
88045885 BLACKTOP (Stylized and/or with Design, see http://uspto.report/TM/88045885/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 005 for Medical adhesive tape; Medical adhesive tape in the nature of kinesiology; Nonmedicated heating and cooling athletic tape; Nonmedicated adhesive tape in the nature of
kinesiology nonmedicated adhesive tape for treating muscle fatigue, swelling, muscle strains, joint pain, shin splints, ligament strains, acute and chronic injuries, edema, inflammation,
musculoskeletal pain; Nonmedicated adhesive tape for decreasing pain, increasing muscle activity, inhibiting muscle activity, joint support, improving proprioception, enhancing circulation
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 01/31/2018
and first used in commerce at least as early as 01/31/2018 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Medical adhesive tape;
Medical adhesive tape in the nature of kinesiology;
Nonmedicated heating and cooling athletic tape;
Medical adhesive tape not containing medicine, in the nature of kinesiology adhesive tape for treating
muscle fatigue, swelling, muscle strains, joint pain, shin splints, ligament strains, acute and chronic injuries, edema, inflammation and musculoskeletal pain;
Nonmedicated adhesive tape in the nature of kinesiology nonmedicated adhesive tape for treating muscle fatigue, swelling, muscle strains, joint pain, shin splints, ligament strains, acute and
chronic injuries, edema, inflammation, musculoskeletal pain;
Medical adhesive tape, not containing medicine, for decreasing pain, increasing muscle activity,
inhibiting muscle activity, joint support, improving proprioception and enhancing circulation;
Nonmedicated adhesive tape for decreasing pain, increasing muscle
activity, inhibiting muscle activity, joint support, improving proprioception, enhancing circulationClass 005 for Medical adhesive tape; Medical adhesive tape in the nature of kinesiology;
Medical adhesive tape not containing medicine, in the nature of kinesiology adhesive tape for treating muscle fatigue, swelling, muscle strains, joint pain, shin splints, ligament strains, acute and
chronic injuries, edema, inflammation and musculoskeletal pain; Medical adhesive tape, not containing medicine, for decreasing pain, increasing muscle activity, inhibiting muscle activity, joint
support, improving proprioception and enhancing circulation
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 01/31/2018
and first used in commerce at least as early as 01/31/2018 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 028 for Non-medicated heating and cooling athletic tape
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 01/31/2018
and first used in commerce at least as early as 01/31/2018 , and is now in use in such commerce.
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: /Alexandria R. Munro/ Date: 12/05/2018
Signatory's Name: Alexandria R. Munro
Signatory's Position: Attorney of Record, Iowa Bar Member
Response Signature
Signature: /Alexandria R. Munro/ Date: 12/05/2018
Signatory's Name: Alexandria R. Munro
Signatory's Position: Attorney of Record, Iowa 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: 88045885
RAM Accounting Date: 12/06/2018
Serial Number: 88045885
Internet Transmission Date: Wed Dec 05 15:27:10 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018120515271051
0611-88045885-61071d7341265df99b947e81df
ec8d729f17f278b24c0dbe1daed214824942332-
DA-13827-20181205152453539947