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)

---

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. 88130855 X-SERIES (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8813085 5/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the Office Action of 2/2/2020 a specimen refusal and additional specimen information were the only remaining issues. The action refused the specimen because "the specimen appears to consist of a digitally altered image or a mockup of a depiction of the mark on the goods" because mostly only the label was shown and the office action noted, "uneven sewing stitches." The prior filed specimen was an actual photo of a label as used on the bag containing the goods and the stitching is ornamental, actually securing the label to the goods. Filed herewith is a specimen with a fuller view of the label on the bag including the goods, showing the goods readied for shipping, both with the label on the bag and the top of the bag pulled back revealing the tent. It is believed that the additional specimen provided resolves the outstanding issues, and should resolve any question as to the legitimacy of the specimen provided. However, as to further address the information requirement, though it is believed the newly submitted specimen overcomes the requirement: The label is attached to a bag packaged with the tent. The specimen was not created for submission with the application and has been in use with the goods since the first use date submitted. How Applicant's goods appear in the actual sales environment is shown in one example in the specimen filed herewith. Applicant's goods are sold direct to Fire Departments and emergency services departments in the United States and around the world. The goods were first sold on the first use date as claimed. It is believed that the specimen submitted and attested to should resolve any question as to the label as originally filed and no further information should be required at this time. The examiner is invited to visit applicants website (http://deployedlogix.com/x-series/ ) where it is demonstrated in multiple examples applicant's goods that have been sold and are shown in use by the purchasers. Applicant welcomes a phone call from the examiner if any issues remain unresolved.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 022 for Apparatus and instruments for emergency operations and response, namely, tents
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 022, the mark was first used at least as early as 01/02/2019 and first used in commerce at least as early as 01/02/2019.


Proposed:
Class 022 for Apparatus and instruments for emergency operations and response, namely, tents

Deleted Filing Basis: 1(b)
In International Class 022, the mark was first used at least as early as 01/02/2019 . and first used in commerce at least as early as 01/02/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 022. The specimen(s) submitted consists of a photo of a packaging bag containing the goods and a second photo with the bag pulled back revealing the goods inside.
"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

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: DLX Enterprises, LLC, a limited liability company legally organized under the laws of Oregon, having an address of
      520 S Bertelsen Road
      Eugene, Oregon 97402
      United States

Proposed: DLX Enterprises, LLC, a limited liability company legally organized under the laws of Oregon, having an address of
      520 S Bertelsen Road
      Eugene, Oregon 97402
      United States
      Email Address: XXXX
Correspondence Information (current):
      KELLY B. ROBINSON
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@maccordmason.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 9693-014.
Correspondence Information (proposed):
      Kelly B. Robinson
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@maccordmason.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 9693-014.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Kelly B. Robinson/      Date: 03/06/2020
Signatory's Name: Kelly B. Robinson
Signatory's Position: Attorney of Record, North Carolina Bar member
Signatory's Phone Number: 336-273-4422


Response Signature
Signature: /Kelly Robinson/     Date: 03/06/2020
Signatory's Name: Kelly Robinson
Signatory's Position: Attorney of Record

Signatory's Phone Number: 336-273-4422

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:    KELLY B. ROBINSON
   MACCORD MASON PLLC
   
   PO BOX 2974
   GREENSBORO, North Carolina 27402
Mailing Address:    Kelly B. Robinson
   MACCORD MASON PLLC
   PO BOX 2974
   GREENSBORO, North Carolina 27402
        
Serial Number: 88130855
Internet Transmission Date: Fri Mar 06 11:52:31 ET 2020
TEAS Stamp: USPTO/ROA-X.XXX.XX.XXX-20200306115231808
876-88130855-710c3c9f9938146c595abdfc5d9
be4e97e42ad38bb217ca13655f251765a63a1-N/
A-N/A-20200306112650623217