Response to Office Action

DITCH THE HEADLAMP

Illumagear, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88138418
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION
MARK http://uspto.report/TM/88138418/mark.png
LITERAL ELEMENT DITCH THE HEADLAMP
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.
ARGUMENT(S)
In response to the Office Action dated January 8, 2019, Applicant has amended the goods description as requested by the Examining Attorney.  Applicant believes the application is now in condition for allowance and requests that it be approved for publication.  If questions remain, the Examining Attorney is invited to contact Applicant’s counsel, Jared M. Barrett, by email at JaredB.Docketing@SeedIP.com or by telephone at 206.622.4900.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
safety equipment; safety equipment, namely, illuminable headgear for safety purposes
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
safety equipment; safety equipment, namely, illuminable headgear for safety purposes
FINAL DESCRIPTION
safety equipment, namely, illuminable headgear for safety purposes
FILING BASIS Section 1(b)
CORRESPONDENCE SECTION
ORIGINAL ADDRESS JARED M. BARRETT
SEED IP LAW GROUP LLP
701 FIFTH AVENUE
SUITE 5400
SEATTLE
Washington
US
98104
NEW CORRESPONDENCE SECTION
NAME JARED M. BARRETT
FIRM NAME SEED IP LAW GROUP LLP
DOCKET/REFERENCE NUMBER 480309.222
INTERNAL ADDRESS SUITE 5400
STREET 701 FIFTH AVENUE
CITY SEATTLE
STATE Washington
ZIP/POSTAL CODE 98104
COUNTRY United States
PHONE 206-622-4900
FAX 206-682-6031
EMAIL USTM.Docketing@SeedIP.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Jared M. Barrett/
SIGNATORY'S NAME Jared M. Barrett
SIGNATORY'S POSITION Attorney for Applicant, Washington State Bar Member
SIGNATORY'S PHONE NUMBER 206-622-4900
DATE SIGNED 06/24/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 24 17:53:29 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190624175329258056-8813
8418-620e82aff75bd68cbe42
2126a1edae48242eebb6b3e23
b333e92dee0efc9fe9f7-N/A-
N/A-20190624173258664767



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. 88138418 DITCH THE HEADLAMP(Standard Characters, see http://uspto.report/TM/88138418/mark.png) has been amended as follows:

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

In response to the Office Action dated January 8, 2019, Applicant has amended the goods description as requested by the Examining Attorney.  Applicant believes the application is now in condition for allowance and requests that it be approved for publication.  If questions remain, the Examining Attorney is invited to contact Applicant’s counsel, Jared M. Barrett, by email at JaredB.Docketing@SeedIP.com or by telephone at 206.622.4900.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for safety equipment; safety equipment, namely, illuminable headgear for safety purposes
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: safety equipment; safety equipment, namely, illuminable headgear for safety purposesClass 009 for safety equipment, namely, illuminable headgear for safety purposes
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
JARED M. BARRETT
SEED IP LAW GROUP LLP
701 FIFTH AVENUE
SUITE 5400
SEATTLE
Washington
US
98104

Proposed:
JARED M. BARRETT of SEED IP LAW GROUP LLP, having an address of
SUITE 5400 701 FIFTH AVENUE SEATTLE, Washington 98104
United States
USTM.Docketing@SeedIP.com
206-622-4900
206-682-6031
The docket/reference number is 480309.222 .



SIGNATURE(S)
Response Signature
Signature: /Jared M. Barrett/     Date: 06/24/2019
Signatory's Name: Jared M. Barrett
Signatory's Position: Attorney for Applicant, Washington State Bar Member

Signatory's Phone Number: 206-622-4900

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:    JARED M. BARRETT
   SEED IP LAW GROUP LLP
   SUITE 5400
   701 FIFTH AVENUE
   SEATTLE, Washington 98104
        
Serial Number: 88138418
Internet Transmission Date: Mon Jun 24 17:53:29 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201906241753292
58056-88138418-620e82aff75bd68cbe422126a
1edae48242eebb6b3e23b333e92dee0efc9fe9f7
-N/A-N/A-20190624173258664767



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