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 09/30/2020)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88059580 INDIAN MOTORCYCLE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8805958 0/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for video game software; video gaming software

Applicant proposes to amend the following:

Current:
Class 028 for computer gaming consoles for gambling
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.

In International Class 028, the mark was first used at least as early as 07/00/2019 and first used in commerce at least as early as 07/00/2019.


Proposed:

Tracked Text Description: computer gaming consoles for gambling; video game software sold as a component of computer gaming consoles for gambling; video gaming software sold as a component of computer gaming consoles for gamblingClass 028 for computer gaming consoles for gambling; video game software sold as a component of computer gaming consoles for gambling; video gaming software sold as a component of computer gaming consoles for gambling
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.

In International Class 028, the mark was first used at least as early as 07/00/2019 . and first used in commerce at least as early as 07/00/2019 .
Correspondence Information (current):
      Andrew S. Ehard
      PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cmanthie@merchantgould.com; aehard@merchantgould.com; 16873.0082US02.active@ef.merchantgould.com

The docket/reference number is 16873.82US02.
Correspondence Information (proposed):
      Andrew S. Ehard
      PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jolson@merchantgould.com; cmanthie@merchantgould.com; aehard@merchantgould.com; 16873.0082US02.active@ef.merchantgould.com

The docket/reference number is 16873.82US02.

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

SIGNATURE(S)
Response Signature
Signature: /Andrew S Ehard/     Date: 11/06/2020
Signatory's Name: Andrew S. Ehard
Signatory's Position: Attorney of Record, Member MN Bar

Signatory's Phone Number: 6123364602

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:    Andrew S. Ehard
   MERCHANT & GOULD P.C.
   
   P.O. BOX 2910
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Andrew S. Ehard
   MERCHANT & GOULD P.C.
   P.O. BOX 2910
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88059580
Internet Transmission Date: Tue Nov 10 12:41:17 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020111012411705
9128-88059580-750e875ded3a2e4a1562fd79cc
db570a1a7484554f7a43ddd9add2120195d5be01
c-N/A-N/A-20201106155422505179