Response to Office Action

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)

---

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. 88055374 SWITCH (Stylized and/or with Design, see http://uspto.report/TM/88055374/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SWITCH (Stylized and/or with Design, see http://uspto.report/TM/88055374/mark.png)
Proposed: SWITCH (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the word "SWITCH" next to a lightening bolt in a broken circle.".

EVIDENCE

Original PDF file:
evi_7392145117-20190521205337380572_._response.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for radios; audio receivers, race scanners to listen to race communication at a racetrack
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/05/2018 and first used in commerce at least as early as 01/05/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: radios; race scanners to listen to race communication at a racetrack; audio receivers, race scanners to listen to race communication at a racetrackClass 009 for race scanners to listen to race communication at a racetrack
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/05/2018 and first used in commerce at least as early as 01/05/2018 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant is modifying the description of the mark to: The mark consists of the word "SWITCH" next to a lightening bolt in a broken circle."


SIGNATURE(S)
Response Signature
Signature: /Burt Magen/     Date: 05/21/2019
Signatory's Name: BurtMagen
Signatory's Position: Attorney of Record, CA Bar# 160603

Signatory's Phone Number: (415)489-4103

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.

        
Serial Number: 88055374
Internet Transmission Date: Tue May 21 21:05:25 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019052121052577
9168-88055374-6202e1bd88e6aaf7bdc7877e5b
30f17cdf3184ec53ca545474cc22e3a297a861-N
/A-N/A-20190521205337380572