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. 88177732 TRACE(Standard Characters, see http://uspto.report/TM/88177732/mark.png) has been amended as follows:

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

Attached in the Evidence section are Applicant's arguments in support of Applicant's request that the Examiner withdraw the refusal and permit the mark to proceed registration.

EVIDENCE
Evidence has been attached: The evidence consists of the Applicant's response to the Examiners' objections. The Applicant respectfully requests that the Examiner withdraw the refusal and permit the mark to proceed to publication, and articulates its arguments in the attached document.
Original PDF file:
evi_1744721010-2020080616 5811332077_._TRACE__SN._8 8177732__Response_to_Offi ce_Action.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Protective helmets
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: Protective helmets; Protective bicycling helmetsClass 009 for Protective bicycling helmets
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: Bell Sports, Inc., a corporation of California, having an address of
      5550 Scotts Valley Drive
      Scotts Valley, California 95066
      United States

Proposed: Bell Sports, Inc., a corporation of California, having an address of
      5550 Scotts Valley Drive
      Scotts Valley, California 95066
      United States
      Email Address: XXXX
Correspondence Information (current):
      Katherine M. Basile
      PRIMARY EMAIL FOR CORRESPONDENCE: vistaRSdocket@reedsmith.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kbasile@reedsmith.com; jgarcia@reedsmith.com; karmellino@reedsmith.com
Correspondence Information (proposed):
      Katherine M. Basile
      PRIMARY EMAIL FOR CORRESPONDENCE: vistaRSdocket@reedsmith.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kbasile@reedsmith.com; jgarcia@reedsmith.com; nklockner@reedsmith.com; karmellino@reedsmith.com

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: /Jason E Garcia/     Date: 08/06/2020
Signatory's Name: Jason E. Garcia
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 6503520514

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:    Katherine M. Basile
   Reed Smith LLP
   
   P.O. Box 488
   Pittsburgh, Pennsylvania 15230
Mailing Address:    Katherine M. Basile
   Reed Smith LLP
   P.O. Box 488
   Pittsburgh, Pennsylvania 15230
        
Serial Number: 88177732
Internet Transmission Date: Thu Aug 06 19:49:54 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020080619495459
5705-88177732-740eab327711c49cc296e3683b
12d5a73fafc1ffb82e9faa1758fd55ed394e696-
N/A-N/A-20200806192221775387