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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88194076 |
LAW OFFICE ASSIGNED | LAW OFFICE 124 |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | VIRIDIAN WEAPON TECHNOLOGIES |
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. |
OWNER SECTION (current) | |
NAME | Laser Aiming Systems Corporation |
DBA/AKA/TA/Formerly | DBA Laser Aiming Systems Corp. |
INTERNAL ADDRESS | 5475 Pioneer Creek Drive |
MAILING ADDRESS | 5475 Pioneer Creek Drive |
CITY | Maple Plain |
STATE | Minnesota |
ZIP/POSTAL CODE | 55359 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 763-479-4091 |
XXXX | |
OWNER SECTION (proposed) | |
NAME | Laser Aiming Systems Corporation |
MAILING ADDRESS | 5475 Pioneer Creek Drive |
CITY | Maple Plain |
STATE | Minnesota |
ZIP/POSTAL CODE | 55359 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 763-479-4091 |
XXXX | |
ARGUMENT(S) | |
Applicant has submitted substitute specimens showing the mark in use for the goods identified in the application. The substitute specimens show applicant's mark in connection with the identified goods in two instances. The first instance is packaged in an assortment of replacement parts that comprise a mount (and additional parts) for attaching a particular laser point device to a rail system of a firearm. The second instance is a version of a mount of applicant deployed with a laser pointing device to mount the laser pointing device to the firearm. Please see the attached printed Wikipedia page describing the rail system of a firearm. The version of Applicant's mount depicted in the substitute specimen attaches the laser pointing device or other accessories to the rail system. Applicant, only in the alternative, if the substitute specimen is not accepted, hereby requests amendment of the filing basis of the application to intent to use under Section 1(b), for which no specimen is required. Applicant makes this request only in the alternative, believing the substitute specimen clearly shows Applicant's mark in use with Applicant's mount for attaching accessories and laser pointing devices to a firearm. | |
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_649558195-20200311181 641306269_._Wikipedia_-_R ail_Systems.pdf |
CONVERTED PDF FILE(S) (4 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\940\88194076\xml1\ RFR0002.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\881\940\88194076\xml1\ RFR0003.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\881\940\88194076\xml1\ RFR0004.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\881\940\88194076\xml1\ RFR0005.JPG | |
DESCRIPTION OF EVIDENCE FILE | a printout of a web page from Wikipedia describing the rail system of a firearm, to which a version of Applicant's mount attaches accessories and/or laser pointing devices, as shown in the substitute specimens |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 013 |
DESCRIPTION | |
Firearm attachments, namely, mounts for attaching accessories to a firearm; Firearm attachments, namely, mounts for attaching ancillary equipment to a firearm; Firearm attachments, namely, mounts for attaching grips to a firearm; Firearm attachments, namely, mounts for attaching laser pointing devices to a firearm; Firearm attachments, namely, mounts for attaching lights to a firearm | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/01/2016 |
FIRST USE IN COMMERCE DATE | At least as early as 01/01/2017 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 013 |
DESCRIPTION | |
Firearm attachments, namely, mounts for attaching accessories to a firearm; Firearm attachments, namely, mounts for attaching ancillary equipment to a firearm; Firearm attachments, namely, mounts for attaching grips to a firearm; Firearm attachments, namely, mounts for attaching laser pointing devices to a firearm; Firearm attachments, namely, mounts for attaching lights to a firearm | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/01/2016 |
FIRST USE IN COMMERCE DATE | At least as early as 01/01/2017 |
STATEMENT TYPE | "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 FILE NAME(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\940\88194076\xml1 \ RFR0006.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\881\940\88194076\xml1 \ RFR0007.JPG | |
SPECIMEN DESCRIPTION | screenshot of a web page from applicant's website, showing applicant's mark in connection with applicant's goods, circled in red (the red circles have been added to identify the goods in both substitute specimens and are not part of the specimens) |
ATTORNEY INFORMATION (current) | |
NAME | Stephen R. Baird |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | Greenberg Traurig, LLP |
STREET | 90 South Seventh Street, Suite 3500 |
CITY | Minneapolis |
STATE | Minnesota |
POSTAL CODE | 55402 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 612-259-9700 |
FAX | 612-677-3101 |
gtipmail@gtlaw.com | |
DOCKET/REFERENCE NUMBER | 185808010100 |
ATTORNEY INFORMATION (proposed) | |
NAME | Stephen R. Baird |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | Greenberg Traurig, LLP |
STREET | 90 South Seventh Street, Suite 3500 |
CITY | Minneapolis |
STATE | Minnesota |
POSTAL CODE | 55402 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 612-259-9700 |
FAX | 612-677-3101 |
gtipmail@gtlaw.com | |
DOCKET/REFERENCE NUMBER | 185808010300 |
OTHER APPOINTED ATTORNEY | Draeke H. Weseman, Tucker A. Chambers |
CORRESPONDENCE INFORMATION (current) | |
NAME | Stephen R. Baird |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | gtipmail@gtlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | bairds@gtlaw.com; wesemand@gtlaw.com; classenc@gtlaw.com |
DOCKET/REFERENCE NUMBER | 185808010100 |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Stephen R. Baird |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | gtipmail@gtlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | bairds@gtlaw.com; wesemand@gtlaw.com; classenc@gtlaw.com |
DOCKET/REFERENCE NUMBER | 185808010300 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /DHW/ |
SIGNATORY'S NAME | Draeke H. Weseman |
SIGNATORY'S POSITION | Attorney of record, Minnesota Bar member |
SIGNATORY'S PHONE NUMBER | 6122599700 |
DATE SIGNED | 03/11/2020 |
RESPONSE SIGNATURE | /DHW/ |
SIGNATORY'S NAME | Draeke H. Weseman |
SIGNATORY'S POSITION | Attorney of record, Minnesota Bar member |
SIGNATORY'S PHONE NUMBER | 6122599700 |
DATE SIGNED | 03/11/2020 |
AUTHORIZED SIGNATORY | YES |
CONCURRENT APPEAL NOTICE FILED | NO |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Mar 11 18:26:45 ET 2020 |
TEAS STAMP | USPTO/RFR-XX.XX.XX.XXX-20 200311182645618958-881940 76-710e9ecfdbd66adfefaba2 1b3bb40bcf2dc7b825bdbee31 90a595e16332798a4ea0-N/A- N/A-20200311181641306269 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
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.