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. 88093750 MAGLOCK(Standard Characters, see http://uspto.report/TM/88093750/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Remarks and supporting information in response to the pending Office Action has been attached.
Original PDF file:
evi_2605a601a6075e0045f838f5b9f84c70-20191226215557924883_._Response_to_OA_-Shell_MAGLOCK_12.20.19.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Key chains
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 014, the mark was first used at least as early as 05/13/2019 and first used in commerce at least as early as 05/13/2019 .

Proposed: Class 014 for Key chains

Deleted Filing Basis: 1(b)
In International Class 014, the mark was first used at least as early as 09/19/2019 . and first used in commerce at least as early as 09/19/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 014 . The specimen(s) submitted consists of Screenshots of Applicant's website demonstratng use of the applied-for mark in connection with sales of the applied-for goods .
"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].
Original PDF file:
SPU0-2605a601a6075e0025ddce5aa0a99731-20191226215557924883_._Substitute_Specimens_Dec_2019test__1_.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Wallets and wallet inserts
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 018, the mark was first used at least as early as 05/13/2019 and first used in commerce at least as early as 05/13/2019 .

Proposed: Class 018 for Wallets and wallet inserts

Deleted Filing Basis: 1(b)
In International Class 018, the mark was first used at least as early as 09/19/2019 . and first used in commerce at least as early as 09/19/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 018 . The specimen(s) submitted consists of Screenshots of Applicant's website demonstrating use of the applied-for mark in connection with sales of the applied-for goods in the applied-for class .
"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].
Original PDF file:
SPU1-2605a601a6075e00ad6474ce3a874de0-20191226215557924883_._Substitute_Specimens_Dec_2019test__1_.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The applicant's current attorney information: Gregory Finch. Gregory Finch of FINCH PAOLINO, LLC, is located at

      91 RUTLEDGE AVENUE
      CHARLESTON, South Carolina 29401
      US

The phone number is 843-906-2762.

The email address is ip@finchpaolino.com

The applicants proposed attorney information: Gregory Finch. Gregory Finch of FINCH PAOLINO, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      91 RUTLEDGE AVENUE
      CHARLESTON, South Carolina 29401
      United States

The phone number is 843-641-7786.

The email address is ip@finchpaolino.com

Gregory Finch submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: GREGORY FINCH. GREGORY FINCH of FINCH PAOLINO, LLC, is located at

      91 RUTLEDGE AVENUE
      CHARLESTON, South Carolina 29401
      US

The phone number is 843-906-2762.

The email address is ip@finchpaolino.com; ip@finchpaolino.com; gfinch@finchpaolino.com; abender@finchpaolino.com

The applicants proposed correspondence information: Gregory Finch. Gregory Finch of FINCH PAOLINO, LLC, is located at

      91 RUTLEDGE AVENUE
      CHARLESTON, South Carolina 29401
      United States

The phone number is 843-641-7786.

The email address is ip@finchpaolino.com; ip@finchpaolino.com

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: /Gregory Finch/      Date: 12/26/2019
Signatory's Name: Gregory Finch
Signatory's Position: Attorney of record, South Carolina bar member
Signatory's Phone Number: 9196417786


Response Signature
Signature: /Gregory Finch/     Date: 12/26/2019
Signatory's Name: Gregory Finch
Signatory's Position: Attorney of record, South Carolina bar member

Signatory's Phone Number: 9196417786

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:    GREGORY FINCH
   FINCH PAOLINO, LLC
   
   91 RUTLEDGE AVENUE
   CHARLESTON, South Carolina 29401
Mailing Address:    Gregory Finch
   FINCH PAOLINO, LLC
   91 RUTLEDGE AVENUE
   CHARLESTON, South Carolina 29401
        
Serial Number: 88093750
Internet Transmission Date: Thu Dec 26 22:53:56 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191226225356285393-88093750-
700a8ef8c5089553e67f1874f18338dba16c3e7a
6d8cba99446374dc0b4cc54bdea-N/A-N/A-2019
1226215557924883