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)

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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. 88155413 HIVIZ(Standard Characters, see http://uspto.report/TM/88155413/mark.png) has been amended as follows:

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

The goods for which registration is sought are unrelated, and sold in different channels of trade, than those set forth in the Section 2(d) refusal. Moreover, there is likely to be a high degree of care on the part of a purchaser of Applicant?s goods, as such goods are used in rescue and distress situations, which can be a matter of life or death, an example of which might be a person lost in a wilderness area. In the past, persons lost in such a situation might use an electronic signaling device, if it works and has batteries that are still good, or a signaling mirror, but use of the latter mirror requires constant vigilance and also a correct alignment with the sun and eyes that are to be attracted to it. By contrast, in the goods for which Applicant is seeking registration, a signaling kit is used to set up a static display in which an elongate reflective strip is maintained under tension and can twist in the wind about a swivel so as attract attention to its physical location when it is set up and deployed in emergency or distress situations. There is no common commercial or generic name of the goods which are unique and the subject of U.S. Patent No. 10,460,635.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for a non-electronic rescue signaling device which relies upon an elongate reflective strip which twists in the wind about a swivel as it is maintained under tension so as to produce a vivid reflective pattern when it is deployed in emergency situations
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: a non-electronic rescue signaling device which relies upon an elongate reflective strip which twists in the wind about a swivel as it is maintained under tension so as to produce a vivid reflective pattern when it is deployed in emergency situations; a signaling device whose main purpose and intended use is to attract attention in emergency or distress situations where help is needed, an example of which is to signal a person who is lost in a wilderness setting, which is a non-electronic rescue signaling device that relies upon an elongate reflective strip which twists in the wind about a swivel as it is maintained under tension so as to produce a vivid reflective pattern to attract attention to its physical location when it is set up and deployed in emergency or distress situationsClass 009 for a signaling device whose main purpose and intended use is to attract attention in emergency or distress situations where help is needed, an example of which is to signal a person who is lost in a wilderness setting, which is a non-electronic rescue signaling device that relies upon an elongate reflective strip which twists in the wind about a swivel as it is maintained under tension so as to produce a vivid reflective pattern to attract attention to its physical location when it is set up and deployed in emergency or distress situations
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Safety and Rescue Products, Inc., a corporation of Oregon, having an address of
      221 N W Lafayette Ave
      Bend, Oregon 97703
      United States

Proposed: Safety and Rescue Products, Inc., a corporation of Oregon, having an address of
      221 N W Lafayette Ave
      Bend, Oregon 97703
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Roy Anderson. Roy Anderson of WAGNER, ANDERSON & BRIGHT, P.C., is located at

      15901 VIEWPOINT ROAD
      15901 VIEWPOINT ROAD
      RIVERSIDE, California 92504
      United States
      The phone number is 818-249-9300.
      The email address is rla@patentattorney.us

The owner's/holder's proposed attorney information: Roy Anderson. Roy Anderson of WAGNER, ANDERSON & BRIGHT, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      15901 VIEWPOINT ROAD
      15901 VIEWPOINT ROAD
      RIVERSIDE, California 92504
      United States
      The phone number is 818-249-9300.
      The email address is rla@patentattorney.us

Roy Anderson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      ROY ANDERSON
      PRIMARY EMAIL FOR CORRESPONDENCE: rla@patentattorney.us
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): natalie@patentattorney.us; jancan@bendbroadband.com
Correspondence Information (proposed):
      Roy Anderson
      PRIMARY EMAIL FOR CORRESPONDENCE: rla@patentattorney.us
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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)
Response Signature
Signature: /roy l anderson/     Date: 02/17/2020
Signatory's Name: Roy L Anderson
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 8182499300

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:    ROY ANDERSON
   WAGNER, ANDERSON & BRIGHT, P.C.
   15901 VIEWPOINT ROAD
   15901 VIEWPOINT ROAD
   RIVERSIDE, California 92504
Mailing Address:    Roy Anderson
   WAGNER, ANDERSON & BRIGHT, P.C.
   15901 VIEWPOINT ROAD
   15901 VIEWPOINT ROAD
   RIVERSIDE, California 92504
        
Serial Number: 88155413
Internet Transmission Date: Mon Feb 17 17:01:15 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200217170115080437-88155413-
71049e47dfec29a34ae02dcf67cd33aeb3e32518
9f662f15e1c07b4acea1e5d-N/A-N/A-20200217
162643534930