| 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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| SERIAL NUMBER | 88113210 |
| LAW OFFICE ASSIGNED | LAW OFFICE 115 |
| MARK SECTION | |
| MARK FILE NAME | https://tmng-al.uspto.gov/resting2/api/img/88113210/large |
| LITERAL ELEMENT | SECURE CORD |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
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COLOR(S) CLAIMED (If applicable) | The color(s) black, white, yellow is/are claimed as a feature of the mark. |
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DESCRIPTION OF THE MARK (and Color Location, if applicable) | The mark consists of black rectangle with electrical plugs at both ends, words SECURE CORD in middle in yellow, 3 white horizontal lines running above, below and through text. |
| ARGUMENT(S) | |
| In the Office Action dated December 22, 2019, the 44(e) basis was objected to since the cited registration did not conform to the Applicant's country of residence listed in the application. Applicant provides the following statement for the record in order to overcome the objection of the 44(e) basis of registration: Applicant has had a bona fide and effective industrial or commercial establishment in Australia as of the date of issuance of the foreign registration. Applicant respectfully submits that the evidence set forth herein supports that the 44(e) basis should remain in the application and that, based upon the amendments entered herein, the application is in condition to move to publication. | |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 026 |
| DESCRIPTION | Hook and loop fastening tape |
| FILING BASIS | Section 44(e) |
| FOREIGN REGISTRATION NUMBER | 1638202 |
| FOREIGN REGISTRATION COUNTRY | Australia |
| FOREIGN REGISTRATION DATE | 07/31/2014 |
| FOREIGN EXPIRATION DATE | 07/31/2024 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 026 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Cable covers in the nature of wide strips of hook fastening tape to be used on carpet, by which the carpet provides the loop side of a hook and loop fastener, for securing and concealing loose cable or cords. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 04/30/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 04/30/2018 |
| 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) | |
| ORIGINAL PDF FILE | SPU0-20616132204-20190617143414550900_._2757_3_Specimen.pdf |
| CONVERTED PDF FILE(S)
(1 page) | \\TICRS\EXPORT17\IMAGEOUT17\881\132\88113210\xml6\ROA0002.JPG |
| SPECIMEN DESCRIPTION | Photo of packaging bearing the mark. |
| FILING BASIS | Section 44(e) |
| FOREIGN REGISTRATION NUMBER | 1638202 |
| FOREIGN REGISTRATION COUNTRY | Australia |
| FOREIGN REGISTRATION DATE | 07/31/2014 |
| FOREIGN EXPIRATION DATE | 07/31/2024 |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use SECURE CORD apart from the mark as shown. |
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DESCRIPTION OF THE MARK (and Color Location, if applicable) | The mark consists of a black rectangle with stylized representations of an electrical plug at each end with a white horizontal line above and below the yellow wording "SECURE CORD" with a partial white horizontal line on either side of the wording. The remaining white represents background and does not form part of the mark. |
| MISCELLANEOUS STATEMENT | Applicant has had a bona fide and effective industrial or commercial establishment in Australia as of the date of issuance of the foreign registration. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /anthony e. bennett/ |
| SIGNATORY'S NAME | Anthony E. Bennett |
| SIGNATORY'S POSITION | Attorney of record, New York bar member |
| SIGNATORY'S PHONE NUMBER | 5168223550 |
| DATE SIGNED | 06/17/2019 |
| RESPONSE SIGNATURE | /anthony e. bennett/ |
| SIGNATORY'S NAME | Anthony E. Bennett |
| SIGNATORY'S POSITION | Attorney of Record, New York bar member |
| SIGNATORY'S PHONE NUMBER | 5168223550 |
| DATE SIGNED | 06/17/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Jun 17 15:53:11 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XXX- 20190617155311111213-8811 3210-620c19c5aa6a5b3affa3 9367d101d7efa0cbd0ea84d00 2b8845d86c2f1f649-N/A-N/A -20190617154225164000 |
| 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) |
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.