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. 88198500 MEGA (Stylized and/or with Design, see http://uspto.report/TM/88198500/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 025 for Athletic tops and bottoms for exercise; Hoodies; Jackets
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/07/2016 and first used in commerce at least as early as 09/12/2017 , and is now in use in such commerce.

Proposed: Class 025 for Athletic tops and bottoms for exercise; Hoodies; Jackets
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/07/2016 and first used in commerce at least as early as 09/12/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of photograph of the mark on hang tags .
"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].
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPU0-2072242102-20190306133513216320_._MEGA_Spec3.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Christopher J. Day of Day Law Firm, having an address of
9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
United States
chris@daylawfirm.com
602-258-4440
602-258-4441
The Other Appointed Attorney(s): Janna Day.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
FRIERSON, MEGERS
7087 CAMPBELL PL
RANCHO CUCAMONGA
California
US
91701

Proposed:
Christopher J. Day of Day Law Firm, having an address of
9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
United States
chris@daylawfirm.com
602-258-4440
602-258-4441



ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized signature of the wording MEGA.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_2072242102-133513216_._MEGA_Signature.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Megers Frierson
Signatory's Position: Owner
Signatory's Phone Number: n/a


Response Signature
Signature: /Christopher J. Day/     Date: 03/06/2019
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-258-4440

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:    Christopher J. Day
   Day Law Firm
   9977 North 90th Street, Suite 155
   Scottsdale, Arizona 85258
        
Serial Number: 88198500
Internet Transmission Date: Wed Mar 06 13:40:44 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019030613404401
9273-88198500-620e88a3f444fb62e414d5f57e
9d87c49d6248cc67dc70be9cf2aabcfb2b386b21
-N/A-N/A-20190306133513216320