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 NUMBER88081956
LAW OFFICE ASSIGNEDLAW OFFICE 123
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88081956/large
LITERAL ELEMENT ELECTRIC DEATH MACHINE
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.
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\880\819\88081956\xml7\ ROA0002.JPG
DESCRIPTION OF EVIDENCE FILEProduction t-shirt
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS025
DESCRIPTION
Motorcycle gloves; Motorcycle jackets; Motorcycle rain suits; Shirts; Shirts and short-sleeved shirts; Shirts for infants, babies, toddlers and children; Shirts for suits; A-shirts; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic shirts; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Body shirts; Boots for motorcycling; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Button down shirts; Camouflage shirts; Camp shirts; Clothing for athletic use, namely, padded shirts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Clothing, namely, motorcycle and racing apparel, namely, jackets, shirts, pants, and hats; Collared shirts; Dress shirts; Fishing shirts; Golf shirts; Golf pants, shirts and skirts; Graphic T-shirts; Henley shirts; Hooded sweat shirts; Hunting shirts; Knit shirts; Leather shirts; Long-sleeved shirts; Moisture-wicking sports shirts; Night shirts; Open-necked shirts; Over shirts; Polo shirts; Ramie shirts; Rugby shirts; Short-sleeve shirts; Short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Sleep shirts; Sleeves worn separate and apart from blouses, shirts and other tops; Snap crotch shirts for infants and toddlers; Sport shirts; Sports shirts; Sports shirts with short sleeves; Sun protective clothing, namely, hats and ponchos; Sweat shirts; T-shirts; Tee shirts; Tee-shirts; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Wearable garments and clothing, namely, shirts; Wind shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Woven shirts; Yoga shirts
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/10/2018
        FIRST USE IN COMMERCE DATE At least as early as 07/10/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS025
DESCRIPTION
Motorcycle gloves; Motorcycle jackets; Motorcycle rain suits; Shirts; Shirts and short-sleeved shirts; Shirts for infants, babies, toddlers and children; Shirts for suits; A-shirts; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic shirts; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Body shirts; Boots for motorcycling; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Button down shirts; Camouflage shirts; Camp shirts; Clothing for athletic use, namely, padded shirts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Clothing, namely, motorcycle and racing apparel, namely, jackets, shirts, pants, and hats; Collared shirts; Dress shirts; Fishing shirts; Golf shirts; Golf pants, shirts and skirts; Graphic T-shirts; Henley shirts; Hooded sweat shirts; Hunting shirts; Knit shirts; Leather shirts; Long-sleeved shirts; Moisture-wicking sports shirts; Night shirts; Open-necked shirts; Over shirts; Polo shirts; Ramie shirts; Rugby shirts; Short-sleeve shirts; Short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Sleep shirts; Sleeves worn separate and apart from blouses, shirts and other tops; Snap crotch shirts for infants and toddlers; Sport shirts; Sports shirts; Sports shirts with short sleeves; Sun protective clothing, namely, hats and ponchos; Sweat shirts; T-shirts; Tee shirts; Tee-shirts; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Wearable garments and clothing, namely, shirts; Wind shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Woven shirts; Yoga shirts
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/10/2018
       FIRST USE IN COMMERCE DATE At least as early as 07/10/2018
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\880\819\88081956\xml7\ ROA0003.JPG
       SPECIMEN DESCRIPTIONProduction t-shirt
SIGNATURE SECTION
DECLARATION SIGNATURE /Matthew R. Walsh/
SIGNATORY'S NAME Matthew R Walsh
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 6616440012
DATE SIGNED 05/28/2019
RESPONSE SIGNATURE /Matthew R. Walsh/
SIGNATORY'S NAME Matthew R Walsh
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 6616440012
DATE SIGNED 05/28/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue May 28 03:48:40 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20190528034840221711-8808
1956-6208f9bb623991a5c9f1
254737c267ab45adbcd1968fe
a39e2f320f4c22aeaf753-N/A
-N/A-20190528034416457602



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. 88081956 ELECTRIC DEATH MACHINE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88081956/large) has been amended as follows:

EVIDENCE
Evidence in the nature of Production t-shirt has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Motorcycle gloves; Motorcycle jackets; Motorcycle rain suits; Shirts; Shirts and short-sleeved shirts; Shirts for infants, babies, toddlers and children; Shirts for suits; A-shirts; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic shirts; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Body shirts; Boots for motorcycling; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Button down shirts; Camouflage shirts; Camp shirts; Clothing for athletic use, namely, padded shirts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Clothing, namely, motorcycle and racing apparel, namely, jackets, shirts, pants, and hats; Collared shirts; Dress shirts; Fishing shirts; Golf shirts; Golf pants, shirts and skirts; Graphic T-shirts; Henley shirts; Hooded sweat shirts; Hunting shirts; Knit shirts; Leather shirts; Long-sleeved shirts; Moisture-wicking sports shirts; Night shirts; Open-necked shirts; Over shirts; Polo shirts; Ramie shirts; Rugby shirts; Short-sleeve shirts; Short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Sleep shirts; Sleeves worn separate and apart from blouses, shirts and other tops; Snap crotch shirts for infants and toddlers; Sport shirts; Sports shirts; Sports shirts with short sleeves; Sun protective clothing, namely, hats and ponchos; Sweat shirts; T-shirts; Tee shirts; Tee-shirts; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Wearable garments and clothing, namely, shirts; Wind shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Woven shirts; Yoga shirts
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 07/10/2018 and first used in commerce at least as early as 07/10/2018 , and is now in use in such commerce.

Proposed: Class 025 for Motorcycle gloves; Motorcycle jackets; Motorcycle rain suits; Shirts; Shirts and short-sleeved shirts; Shirts for infants, babies, toddlers and children; Shirts for suits; A-shirts; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic shirts; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Body shirts; Boots for motorcycling; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Button down shirts; Camouflage shirts; Camp shirts; Clothing for athletic use, namely, padded shirts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Clothing, namely, motorcycle and racing apparel, namely, jackets, shirts, pants, and hats; Collared shirts; Dress shirts; Fishing shirts; Golf shirts; Golf pants, shirts and skirts; Graphic T-shirts; Henley shirts; Hooded sweat shirts; Hunting shirts; Knit shirts; Leather shirts; Long-sleeved shirts; Moisture-wicking sports shirts; Night shirts; Open-necked shirts; Over shirts; Polo shirts; Ramie shirts; Rugby shirts; Short-sleeve shirts; Short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Sleep shirts; Sleeves worn separate and apart from blouses, shirts and other tops; Snap crotch shirts for infants and toddlers; Sport shirts; Sports shirts; Sports shirts with short sleeves; Sun protective clothing, namely, hats and ponchos; Sweat shirts; T-shirts; Tee shirts; Tee-shirts; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Wearable garments and clothing, namely, shirts; Wind shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Woven shirts; Yoga shirts
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 07/10/2018 and first used in commerce at least as early as 07/10/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of Production t-shirt .
"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

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: /Matthew R. Walsh/      Date: 05/28/2019
Signatory's Name: Matthew R Walsh
Signatory's Position: Owner
Signatory's Phone Number: 6616440012


Response Signature
Signature: /Matthew R. Walsh/     Date: 05/28/2019
Signatory's Name: Matthew R Walsh
Signatory's Position: Owner

Signatory's Phone Number: 6616440012

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: 88081956
Internet Transmission Date: Tue May 28 03:48:40 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201905280348402
21711-88081956-6208f9bb623991a5c9f125473
7c267ab45adbcd1968fea39e2f320f4c22aeaf75
3-N/A-N/A-20190528034416457602