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 NUMBER88114039
LAW OFFICE ASSIGNEDLAW OFFICE 112
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88114039/large
LITERAL ELEMENT MAXX
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS025
DESCRIPTIONBelts; Leather belts
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS025
DESCRIPTIONBelts; Leather belts
FILING BASISSection 1(b)
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK Maxx appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.
NEW ATTORNEY SECTION
NAME Jason R. Lee
FIRM NAME The Trademark Firm PLLC
INTERNAL ADDRESS Suite 11-225
STREET 2370 W SR 89A
CITY Sedona
STATE Arizona
ZIP/POSTAL CODE 86336
COUNTRY United States
PHONE 8664002507
FAX 800-689-7978
EMAIL jason@llapc.com
AUTHORIZED EMAIL COMMUNICATION Yes
CORRESPONDENCE SECTION
ORIGINAL ADDRESS MCKELVIE, CHRISTOPHER, S
MAXX
7660 BEVERLY BLVD APT 328
LOS ANGELES
California
US
90036
NEW CORRESPONDENCE SECTION
NAME Jason R. Lee
FIRM NAME The Trademark Firm PLLC
INTERNAL ADDRESS Suite 11-225
STREET 2370 W SR 89A
CITY Sedona
STATE Arizona
ZIP/POSTAL CODE 86336
COUNTRY United States
PHONE 8664002507
FAX 800-689-7978
EMAIL jason@llapc.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /Jason R. Lee/
SIGNATORY'S NAME Jason R. Lee
SIGNATORY'S POSITION Attorney of Record, MI Bar Member
DATE SIGNED 01/05/2019
RESPONSE SIGNATURE /Jason R. Lee/
SIGNATORY'S NAME Jason R. Lee
SIGNATORY'S POSITION Attorney of Record, MI Bar member
DATE SIGNED 01/05/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sat Jan 05 10:43:05 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0190105104305755234-88114
039-620854e9639f1ac486bfe
b2caaedacbf1ad887fb478d41
21b66fdff90b26918f7b8-N/A
-N/A-20190105104106655736



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. 88114039 MAXX(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88114039/large) 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 025 for Belts; Leather belts
Original Filing Basis:
Proposed: Class 025 for Belts; Leather belts
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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Jason R. Lee of The Trademark Firm PLLC, having an address of
Suite 11-225 2370 W SR 89A Sedona, Arizona 86336
United States
jason@llapc.com
8664002507
800-689-7978


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MCKELVIE, CHRISTOPHER, S
MAXX
7660 BEVERLY BLVD APT 328
LOS ANGELES
California
US
90036

Proposed:
Jason R. Lee of The Trademark Firm PLLC, having an address of
Suite 11-225 2370 W SR 89A Sedona, Arizona 86336
United States
jason@llapc.com
8664002507
800-689-7978



ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
Maxx appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


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: /Jason R. Lee/      Date: 01/05/2019
Signatory's Name: Jason R. Lee
Signatory's Position: Attorney of Record, MI Bar Member

Response Signature
Signature: /Jason R. Lee/     Date: 01/05/2019
Signatory's Name: Jason R. Lee
Signatory's Position: Attorney of Record, MI Bar member

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.

Mailing Address:    Jason R. Lee
   The Trademark Firm PLLC
   Suite 11-225
   2370 W SR 89A
   Sedona, Arizona 86336
        
Serial Number: 88114039
Internet Transmission Date: Sat Jan 05 10:43:05 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019010510430575
5234-88114039-620854e9639f1ac486bfeb2caa
edacbf1ad887fb478d4121b66fdff90b26918f7b
8-N/A-N/A-20190105104106655736