Response to Office Action

STUDEBAKER

Marino Andriani, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88067376
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK http://uspto.report/TM/88067376/mark.png
LITERAL ELEMENT STUDEBAKER
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.
ARGUMENT(S)
Response and TESS printouts
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_381125138-20190517162717055461_._ROA_88067376.docx.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0004.JPG
       ORIGINAL PDF FILE evi_1-381125138-20190517162717055461_._studebaker_exhibits.pdf
       CONVERTED PDF FILE(S)
       (12 pages)
\\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\673\88067376\xml6\ROA0016.JPG
DESCRIPTION OF EVIDENCE FILE Response and TESS printouts
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
phonographic record players and turntables; CD players, clock radios
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/23/2004
        FIRST USE IN COMMERCE DATE At least as early as 09/23/2004
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
phonographic record players and turntables; phonographic record players and turntables being record players; CD players, clock radios; CD players, clock radios, namely, radios incorporating clocks
FINAL DESCRIPTION
phonographic record players and turntables being record players; CD players, clock radios, namely, radios incorporating clocks
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/23/2004
       FIRST USE IN COMMERCE DATE At least as early as 09/23/2004
GOODS AND/OR SERVICES SECTION (021)(current)
INTERNATIONAL CLASS 021
DESCRIPTION
record cleaning kits comprised of basin, cleaning solution, brushes, rollers and drying cloths
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/00/2016
        FIRST USE IN COMMERCE DATE At least as early as 06/00/2016
GOODS AND/OR SERVICES SECTION (021)(proposed)
INTERNATIONAL CLASS 021
TRACKED TEXT DESCRIPTION
record cleaning kits comprised of basin, cleaning solution, brushes, rollers and drying cloths; record cleaning kits comprised of basins in the nature of receptacles, cleaning brushes, lint rollers, drying cloths, and liquid cleaning solution all for cleaning phonographic records
FINAL DESCRIPTION
record cleaning kits comprised of basins in the nature of receptacles, cleaning brushes, lint rollers, drying cloths, and liquid cleaning solution all for cleaning phonographic records
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/00/2016
       FIRST USE IN COMMERCE DATE At least as early as 06/00/2016
SIGNATURE SECTION
RESPONSE SIGNATURE /Jeffrey C. Katz/
SIGNATORY'S NAME Jeffrey C. Katz
SIGNATORY'S POSITION Applicant's Attorney, NY Bar Member
SIGNATORY'S PHONE NUMBER (212) 468-4800
DATE SIGNED 05/17/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri May 17 16:38:44 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.X.XXX-20
190517163844398593-880673
76-620adde862cd3defad8bc2
3b26ed8f07fcb5e3041b8ab3c
86f6e052917dc74eb4be-N/A-
N/A-20190517162717055461



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. 88067376 STUDEBAKER(Standard Characters, see http://uspto.report/TM/88067376/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Response and TESS printouts

EVIDENCE
Evidence in the nature of Response and TESS printouts has been attached.
Original PDF file:
evi_381125138-20190517162717055461_._ROA_88067376.docx.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_1-381125138-20190517162717055461_._studebaker_exhibits.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for phonographic record players and turntables; CD players, clock radios
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 09/23/2004 and first used in commerce at least as early as 09/23/2004 , and is now in use in such commerce.

Proposed:
Tracked Text Description: phonographic record players and turntables; phonographic record players and turntables being record players; CD players, clock radios; CD players, clock radios, namely, radios incorporating clocksClass 009 for phonographic record players and turntables being record players; CD players, clock radios, namely, radios incorporating clocks
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 09/23/2004 and first used in commerce at least as early as 09/23/2004 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for record cleaning kits comprised of basin, cleaning solution, brushes, rollers and drying cloths
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 06/00/2016 and first used in commerce at least as early as 06/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: record cleaning kits comprised of basin, cleaning solution, brushes, rollers and drying cloths; record cleaning kits comprised of basins in the nature of receptacles, cleaning brushes, lint rollers, drying cloths, and liquid cleaning solution all for cleaning phonographic recordsClass 021 for record cleaning kits comprised of basins in the nature of receptacles, cleaning brushes, lint rollers, drying cloths, and liquid cleaning solution all for cleaning phonographic records
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 06/00/2016 and first used in commerce at least as early as 06/00/2016 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Jeffrey C. Katz/     Date: 05/17/2019
Signatory's Name: Jeffrey C. Katz
Signatory's Position: Applicant's Attorney, NY Bar Member

Signatory's Phone Number: (212) 468-4800

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: 88067376
Internet Transmission Date: Fri May 17 16:38:44 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20190517163844398
593-88067376-620adde862cd3defad8bc23b26e
d8f07fcb5e3041b8ab3c86f6e052917dc74eb4be
-N/A-N/A-20190517162717055461


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