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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88069294 SHARKY(Standard Characters, see http://uspto.report/TM/88069294/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 028 for Fish attractants; Fish bite alarm and strike indicator; Fish bite alarms; Fish cages for use in recreational fishing; Fish hook removers; Fish hooks; Fishing equipment, namely, clamps for securing fishing equipment on body; Fishing aid which sinks to the bottom of any body of water in which it is placed and stands vertically from the bottom with fish line attached a few inches from the hook intended to catch the fish; Fishing bait holder; Fishing buoys; Fishing clamps for use in holding fish to remove fish hooks; Fishing creels; Fishing equipment, namely, fishing lure retriever; Fishing equipment, namely, winging material for fishing jigs and streamers; Fishing flies; Fishing floats; Fishing fly boxes; Fishing gaffs; Fishing hooks; Fishing leaders; Fishing lines; Fishing lure boxes; Fishing lure parts; Fishing lures; Fishing lures resembling leeches; Fishing lures, namely, plastic worms; Fishing lures, namely, spoons; Fishing plugs; Fishing plumbs; Fishing pole holders worn on the body; Fishing poles; Fishing reels; Fishing rod blanks; Fishing rod cases; Fishing rod handles; Fishing rod holders; Fishing rod racks; Fishing rods; Fishing safety harness; Fishing sinkers; Fishing spinners; Fishing tackle; Fishing tackle bags; Fishing tackle boxes; Fishing tackle containers; Fishing tackle, namely, bobbers; Fishing tackle, namely, lighted bobbers; Fishing tippets; Fishing weights; Artificial fishing bait; Artificial fishing lures; Artificial fishing worms; Artificial chum for fishing; Bite indicators; Bite sensors; Decoys for hunting or fishing; Flies for use in fishing; Floats for fishing; Fly fishing stripper baskets; Gut for fishing; Hand-held fishing bait nets; Hand-held fishing nets; Hand-held fishing nets for sportsmen; Ice fishing rod holders; Ice fishing rods; Ice fishing strike indicator; Inflatable float tubes for fishing; Leader organizers, namely, bags specially adapted for fishing leaders; Lines for fishing; Lures for fishing; Lures for hunting or fishing; Packaged freeze-dried fishing bait; Reels for fishing; Rods for fishing; Scent lures for hunting or fishing; Spears for use in fishing; Sport fishing accessory, namely, a device which holds the lip of a fish caught by an angler for ease of landing, weighing and release; Sportsman's fishing bags
Original Filing Basis:
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 01/01/2014 and first used in commerce at least as early as 02/01/2014 .

Proposed: Class 028 for Fish attractants; Fish bite alarm and strike indicator; Fish bite alarms; Fish cages for use in recreational fishing; Fish hook removers; Fish hooks; Fishing equipment, namely, clamps for securing fishing equipment on body; Fishing aid which sinks to the bottom of any body of water in which it is placed and stands vertically from the bottom with fish line attached a few inches from the hook intended to catch the fish; Fishing bait holder; Fishing buoys; Fishing clamps for use in holding fish to remove fish hooks; Fishing creels; Fishing equipment, namely, fishing lure retriever; Fishing equipment, namely, winging material for fishing jigs and streamers; Fishing flies; Fishing floats; Fishing fly boxes; Fishing gaffs; Fishing hooks; Fishing leaders; Fishing lines; Fishing lure boxes; Fishing lure parts; Fishing lures; Fishing lures resembling leeches; Fishing lures, namely, plastic worms; Fishing lures, namely, spoons; Fishing plugs; Fishing plumbs; Fishing pole holders worn on the body; Fishing poles; Fishing reels; Fishing rod blanks; Fishing rod cases; Fishing rod handles; Fishing rod holders; Fishing rod racks; Fishing rods; Fishing safety harness; Fishing sinkers; Fishing spinners; Fishing tackle; Fishing tackle bags; Fishing tackle boxes; Fishing tackle containers; Fishing tackle, namely, bobbers; Fishing tackle, namely, lighted bobbers; Fishing tippets; Fishing weights; Artificial fishing bait; Artificial fishing lures; Artificial fishing worms; Artificial chum for fishing; Bite indicators; Bite sensors; Decoys for hunting or fishing; Flies for use in fishing; Floats for fishing; Fly fishing stripper baskets; Gut for fishing; Hand-held fishing bait nets; Hand-held fishing nets; Hand-held fishing nets for sportsmen; Ice fishing rod holders; Ice fishing rods; Ice fishing strike indicator; Inflatable float tubes for fishing; Leader organizers, namely, bags specially adapted for fishing leaders; Lines for fishing; Lures for fishing; Lures for hunting or fishing; Packaged freeze-dried fishing bait; Reels for fishing; Rods for fishing; Scent lures for hunting or fishing; Spears for use in fishing; Sport fishing accessory, namely, a device which holds the lip of a fish caught by an angler for ease of landing, weighing and release; Sportsman's fishing bags
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 01/01/2014 . and first used in commerce at least as early as 02/01/2014 .

Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of For review. Submitted is a photo of our Sharky series reel. The Sharky reel was one of our first spinning reel options when our company first started. As we have grown, the series has evolved. Our previously submitted photos show the Shaky III Series and Sharky III Baitfeeders. The numbers folowing the Sharky name indicate the size of the reel. The Sharky comes in sizes ranging from 1000-10,000 sizes. Attached is the 4000 size. The size of the reel should not be included in the name. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

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: /Jessica Rhodes/      Date: 07/29/2019
Signatory's Name: Jessica Rhodes
Signatory's Position: Associate
Signatory's Phone Number: 516-243-8791


Response Signature
Signature: /Jessica Rhodes/     Date: 07/29/2019
Signatory's Name: Jessica Rhodes
Signatory's Position: Associate

Signatory's Phone Number: 516-243-8791

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.

        
Serial Number: 88069294
Internet Transmission Date: Mon Jul 29 09:10:03 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019072909100319
6523-88069294-6201e30e8deda33e2c3c8b044c
b90f34c73153bb27f6aa4e36e797585d3ad82545
9-N/A-N/A-20190729085805499190