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 NUMBER |
88134071 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88134071/mark.png |
LITERAL ELEMENT |
AQ |
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 (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer bags; Cases and pouches for cell phones, computers, portable media players, tablet computers, and e-book readers; Backpacks;
Covers for backpacks; Duffel bags; Sports bags; Dry bags; Waist packs; Waist pouches; Travel bags; Wearable strap-on pouches; Map carrying cases for transporting and keeping maps dry; Tarpaulins;
Tents; All-purpose non-metal and non-leather straps |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer bags; Cases and pouches for cell phones, computers, portable media players, tablet
computers, and e-book readers; Backpacks; Covers for backpacks; Duffel
bags; Sports bags; Dry bags; Waist packs; Waist pouches; Travel bags; Wearable strap-on pouches; Map carrying cases
for transporting and keeping maps dry; Tarpaulins; Tents; All-purpose non-metal
and non-leather straps |
FINAL DESCRIPTION |
Computer bags; Cases and pouches for cell phones, computers, portable media players, tablet computers, and e-book readers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(class added) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
Backpacks; Covers for backpacks; Duffel bags; Sports bags; Dry bags; Waist packs; Waist pouches; Travel bags; Wearable strap-on pouches;
Map carrying cases for transporting and keeping maps dry |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (022)(class added) |
INTERNATIONAL CLASS |
022 |
DESCRIPTION |
Tarpaulins; Tents; All-purpose non-metal and non-leather straps |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
In her office action, Trademark Examining Attorney suggested amendments to Applicant's identification of goods in Class 9 and Class 18 because
of her belief that the nature of the goods as previously listed was "unclear." Applicant respectfully disagrees. Applicant is also the owner of Application Serial No. 87829965, which was approved for
the same goods without the changes suggested by Trademark Examining Attorney. As such, Applicant respectfully requests that Trademark Examining Attorney approve Applicant's mark for publication
without the suggested changes. |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
550 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/met20/ |
SIGNATORY'S NAME |
Morris E. Turek |
SIGNATORY'S POSITION |
Attorney of record, Missouri bar member |
SIGNATORY'S PHONE NUMBER |
(314) 749-4059 |
DATE SIGNED |
02/18/2019 |
DECLARATION SIGNATURE |
/met20/ |
SIGNATORY'S NAME |
Morris E. Turek |
SIGNATORY'S POSITION |
Attorney of record, Missouri bar member |
SIGNATORY'S PHONE NUMBER |
(314) 749-4059 |
DATE SIGNED |
02/18/2019 |
RESPONSE SIGNATURE |
/met20/ |
SIGNATORY'S NAME |
Morris E. Turek |
SIGNATORY'S POSITION |
Attorney of record, Missouri bar member |
SIGNATORY'S PHONE NUMBER |
(314) 749-4059 |
DATE SIGNED |
02/18/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Feb 18 17:41:08 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
190218174108596533-881340
71-62011cea9db01af7649a8a
df41e339aa72f9f28a9156f2d
b9601af14599427f73-CC-144
24-20190218173648389835 |
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.
88134071 AQ(Standard Characters, see http://uspto.report/TM/88134071/mark.png) 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 009 for Computer bags; Cases and pouches for cell phones, computers, portable media players, tablet computers, and e-book readers; Backpacks; Covers for backpacks; Duffel bags;
Sports bags; Dry bags; Waist packs; Waist pouches; Travel bags; Wearable strap-on pouches; Map carrying cases for transporting and keeping maps dry; Tarpaulins; Tents; All-purpose non-metal and
non-leather straps
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.
Proposed:
Tracked Text Description: Computer bags;
Cases and pouches for cell phones, computers, portable media players, tablet computers, and e-book
readers;
Backpacks;
Covers for backpacks;
Duffel bags;
Sports bags;
Dry bags;
Waist packs;
Waist pouches;
Travel bags;
Wearable strap-on pouches;
Map carrying cases for transporting and keeping maps
dry;
Tarpaulins;
Tents;
All-purpose non-metal and non-leather strapsClass
009 for Computer bags; Cases and pouches for cell phones, computers, portable media players, tablet computers, and e-book readers
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 018 for Backpacks; Covers for backpacks; Duffel bags; Sports bags; Dry bags; Waist packs; Waist pouches; Travel bags; Wearable strap-on pouches; Map carrying cases for transporting
and keeping maps dry
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 022 for Tarpaulins; Tents; All-purpose non-metal and non-leather straps
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.
ADDITIONAL STATEMENTS
Miscellaneous Statement
In her office action, Trademark Examining Attorney suggested amendments to Applicant's identification of goods in Class 9 and Class 18 because of her belief that the nature of the goods as previously
listed was "unclear." Applicant respectfully disagrees. Applicant is also the owner of Application Serial No. 87829965, which was approved for the same goods without the changes suggested by
Trademark Examining Attorney. As such, Applicant respectfully requests that Trademark Examining Attorney approve Applicant's mark for publication without the suggested changes.
FEE(S)
Fee(s) in the amount of $550 is being submitted.
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: /met20/ Date: 02/18/2019
Signatory's Name: Morris E. Turek
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: (314) 749-4059
Signature: /met20/ Date: 02/18/2019
Signatory's Name: Morris E. Turek
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: (314) 749-4059
Response Signature
Signature: /met20/ Date: 02/18/2019
Signatory's Name: Morris E. Turek
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: (314) 749-4059
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.
RAM Sale Number: 88134071
RAM Accounting Date: 02/19/2019
Serial Number: 88134071
Internet Transmission Date: Mon Feb 18 17:41:08 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190218174108596
533-88134071-62011cea9db01af7649a8adf41e
339aa72f9f28a9156f2db9601af14599427f73-C
C-14424-20190218173648389835