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 |
88202298 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
http://uspto.report/TM/88202298/mark.png |
LITERAL ELEMENT |
GRAVITY |
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. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_6610954174-20190909163021849275_._3034.010_FINAL_Response_to_OA__H1558433xD16FB_.pdf |
CONVERTED PDF FILE(S)
(13 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0002.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0003.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0007.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0008.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0009.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0010.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0011.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0012.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0014.JPG |
ORIGINAL PDF FILE |
evi_6610954174-20190909163021849275_._EXHIBIT_A__H1557988xD16FB_.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0015.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0016.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0017.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0019.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0020.JPG |
ORIGINAL PDF FILE |
evi_6610954174-20190909163021849275_._EXHIBIT_B__H1557998xD16FB_.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0021.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0022.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0023.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\022\88202298\xml4\ROA0024.JPG |
DESCRIPTION OF EVIDENCE FILE |
Arguments in response to the Section 2d refusal and third party evidence |
GOODS AND/OR SERVICES SECTION (007)(current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
Propulsion engines, propulsion mechanisms, aeronautical engines, blowing machines, compressed air engines, control mechanisms for
machines, engines or motors, jet engines other than for land vehicles, engines, other than for land vehicles |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (007)(proposed) |
INTERNATIONAL CLASS |
007 |
TRACKED TEXT DESCRIPTION |
Propulsion engines, propulsion mechanisms, aeronautical engines, blowing machines, compressed air
engines, control mechanisms for machines, engines or motors, jet engines other than for land vehicles, engines, other than for land vehicles; Propulsion engines,
namely aircraft engines; Propulsion mechanisms, namely aeronautic engines; aeronautical engines, compressed air engines not
for land vehicles, control mechanisms for machines, engines or motors, namely, throttles, kill switches and joysticks; Jet engines other than for land
vehicles; Engines, other than for land vehicles, namely, Aircraft engines |
FINAL DESCRIPTION |
Propulsion engines, namely aircraft engines; Propulsion mechanisms, namely aeronautic engines; aeronautical engines, compressed air
engines not for land vehicles, control mechanisms for machines, engines or motors, namely, throttles, kill switches and joysticks; Jet engines other than for land vehicles; Engines, other than for
land vehicles, namely, Aircraft engines |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Flight control apparatus, computer controls, robotics, computer hardware, computer firmware, computer software, altimeters, GPS units,
speedometers, azimuth instruments, barometers, directional compasses, protective clothing, protective gloves, protective masks, protective helmets for sports, speed indicators |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Flight control apparatus, computer controls, robotics, computer hardware, computer firmware, computer
software, altimeters, GPS units, speedometers, azimuth instruments, barometers, directional compasses, protective clothing, protective gloves, protective masks, protective helmets for sports, speed
indicators; Flight control apparatus, namely, apparatus for checking flight parameters, throttles, kill switches and joysticks; Computer controls, downloadable computer software for gaming, augmented reality, virtual reality simulation and mixed reality systems; Altimeters,
speedometers, azimuth instruments, directional compasses, protective clothing, namely articles of protective clothing for wear by pilots for protection against accident or injury, articles of
protective clothing for protection against accidents and fire, and protective race suits for pilots or racing drivers; Protective helmets for sports, speed
indicators |
FINAL DESCRIPTION |
Flight control apparatus, namely, apparatus for checking flight parameters, throttles, kill switches and joysticks; Computer controls,
downloadable computer software for gaming, augmented reality, virtual reality simulation and mixed reality systems; Altimeters, speedometers, azimuth instruments, directional compasses, protective
clothing, namely articles of protective clothing for wear by pilots for protection against accident or injury, articles of protective clothing for protection against accidents and fire, and
protective race suits for pilots or racing drivers; Protective helmets for sports, speed indicators |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (012)(current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Vehicles; flying apparatus; civilian drones; parachutes; aeronautical apparatus, machines and appliances; electric bicycles; driverless
cars; ejector seats for aircraft; hot air balloons; remote control vehicles, other than toys; jet engines; turbines for land vehicles; vehicles for locomotion by land, air, water or rail |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (012)(proposed) |
INTERNATIONAL CLASS |
012 |
TRACKED TEXT DESCRIPTION |
Vehicles; Flying apparatus, namely, helicopters, aircraft,
aeroplanes, jet powered equipment attached directly to the body for enabling a person to fly; flying apparatus; Civilian
drones; Parachutes; Aeronautical apparatus, machines and appliances, namely jet aircraft, electrically and jet propelled apparatus
for flying; aeronautical apparatus, machines and appliances; Remote control vehicles, other than toys, namely aircraft,
aeroplanes, and jet powered equipment attached directly to the body for enabling a person to fly, namely remote control kill switches for remotely assuming control of an aircraft; electric bicycles; Vehicles for locomotion by air or water, namely, airplanes helicopters, aircraft, jet powered equipment attached
directly to the body for enabling a person to fly; driverless cars; and Propulsion engines, namely, rocket, jet and
internal combustion engines for land vehicle propulsion; ejector seats for aircraft; hot air balloons; remote control vehicles, other than toys; jet engines; turbines for land vehicles;
vehicles for locomotion by land, air, water or rail |
FINAL DESCRIPTION |
Flying apparatus, namely, helicopters, aircraft, aeroplanes, jet powered equipment attached directly to the body for enabling a person
to fly; Civilian drones; Parachutes; Aeronautical apparatus, machines and appliances, namely jet aircraft, electrically and jet propelled apparatus for flying; Remote control vehicles, other than
toys, namely aircraft, aeroplanes, and jet powered equipment attached directly to the body for enabling a person to fly, namely remote control kill switches for remotely assuming control of an
aircraft; Vehicles for locomotion by air or water, namely, airplanes helicopters, aircraft, jet powered equipment attached directly to the body for enabling a person to fly; and Propulsion engines,
namely, rocket, jet and internal combustion engines for land vehicle propulsion |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing, footwear and headgear |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing, footwear and headgear; Clothing, namely wristbands,
t-shirts, racing suits not in the nature of protective clothing, zipped hooded sweatshirts, footwear, and baseball hats and caps |
FINAL DESCRIPTION |
Clothing, namely wristbands, t-shirts, racing suits not in the nature of protective clothing, zipped hooded sweatshirts, footwear, and
baseball hats and caps |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Training services, entertainment/sporting events, providing recreation facilities, providing sports facilities; all relating to flying
and human propulsion |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Training services, entertainment/sporting events, providing recreation facilities, providing sports
facilities; Training services in the field of flying apparatus control training, pilot training, zipline training; all
relating to flying and human propulsion; Entertainment services namely racing events, flying demonstrations, air shows, and experience events relating to
piloting aircraft and jet powered body-worn equipment; Entertainment services, namely providing televised racing, flying, and air show events and
demonstrations; Organizing arranging and conducting racing, flying sports, and aeronautical sports events; Providing
recreation facilities, providing sports facilities |
FINAL DESCRIPTION |
Training services in the field of flying apparatus control training, pilot training, zipline training; Entertainment services namely
racing events, flying demonstrations, air shows, and experience events relating to piloting aircraft and jet powered body-worn equipment; Entertainment services, namely providing televised racing,
flying, and air show events and demonstrations; Organizing arranging and conducting racing, flying sports, and aeronautical sports events; Providing recreation facilities, providing sports
facilities |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Engineering services; research, design and development; computer system design |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Engineering services; research, design and development; Research, design and development of jet engines, flying control apparatus and equipment, excluding research, design and development of computer software; computer system design |
FINAL DESCRIPTION |
Engineering services; Research, design and development of jet engines, flying control apparatus and equipment, excluding research,
design and development of computer software |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
17980091 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
3211860 |
FOREIGN REGISTRATION
COUNTRY |
United Kingdom |
FOREIGN REGISTRATION
DATE |
05/26/2017 |
FOREIGN EXPIRATION DATE |
02/09/2027 |
ATTORNEY SECTION (new) |
NAME |
Alana M. Fuierer |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Heslin Rothenberg Farley & Mesiti, P.C. |
STREET |
5 Columbia Circle |
CITY |
Albany |
STATE |
New York |
POSTAL CODE |
12203 |
COUNTRY |
United States |
PHONE |
585-288-4832 |
FAX |
585-288-2010 |
EMAIL |
DOCK@hrfmlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
3034.010 |
OTHER APPOINTED ATTORNEY |
Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact all business in
the U.S. Patent and Trademark Office connected therewith. |
CORRESPONDENCE SECTION (current) |
CORRESPONDENCE SECTION (proposed) |
NAME |
Alana M. Fuierer |
FIRM NAME |
Heslin Rothenberg Farley & Mesiti, P.C. |
STREET |
5 Columbia Circle |
CITY |
Albany |
STATE |
New York |
POSTAL CODE |
12203 |
COUNTRY |
United States |
PHONE |
585-288-4832 |
FAX |
585-288-2010 |
EMAIL |
DOCK@hrfmlaw.com; alana.fuierer@hrfmlaw.com; jean.bell@hrfmlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
3034.010 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/amf/ |
SIGNATORY'S NAME |
Alana M. Fuierer |
SIGNATORY'S POSITION |
Attorney of Record, New York Bar Member |
SIGNATORY'S PHONE NUMBER |
585-288-4832 |
DATE SIGNED |
09/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Sep 09 16:51:39 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0190909165139968703-88202
298-6107b2ad9535859b5aa9c
da8f294c1d58d1c5ca4e7ca15
71442470d872379a2-N/A-N/A
-20190909163021849275 |
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.
88202298 GRAVITY(Standard Characters, see http://uspto.report/TM/88202298/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of Arguments in response to the Section 2d refusal and third party evidence has been attached.
Original PDF file:
evi_6610954174-20190909163021849275_._3034.010_FINAL_Response_to_OA__H1558433xD16FB_.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_6610954174-20190909163021849275_._EXHIBIT_A__H1557988xD16FB_.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_6610954174-20190909163021849275_._EXHIBIT_B__H1557998xD16FB_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Propulsion engines, propulsion mechanisms, aeronautical engines, blowing machines, compressed air engines, control mechanisms for machines, engines or motors, jet
engines other than for land vehicles, engines, other than for land vehicles
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 17980091 filed 11/02/2018]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 3211860
registered 05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Propulsion engines, propulsion mechanisms, aeronautical engines, blowing machines, compressed air engines, control mechanisms for
machines, engines or motors, jet engines other than for land vehicles, engines, other than for land vehicles;
Propulsion engines, namely aircraft engines;
Propulsion mechanisms, namely aeronautic engines;
aeronautical engines, compressed air engines not for land vehicles, control
mechanisms for machines, engines or motors, namely, throttles, kill switches and joysticks;
Jet engines other than for land vehicles;
Engines, other than for land vehicles, namely, Aircraft enginesClass 007 for Propulsion engines, namely aircraft engines; Propulsion mechanisms, namely aeronautic engines;
aeronautical engines, compressed air engines not for land vehicles, control mechanisms for machines, engines or motors, namely, throttles, kill switches and joysticks; Jet engines other than for land
vehicles; Engines, other than for land vehicles, namely, Aircraft engines
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 17980091 filed
11/02/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3211860 registered
05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Flight control apparatus, computer controls, robotics, computer hardware, computer firmware, computer software, altimeters, GPS units, speedometers, azimuth instruments,
barometers, directional compasses, protective clothing, protective gloves, protective masks, protective helmets for sports, speed indicators
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 17980091 filed 11/02/2018]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 3211860
registered 05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Flight control apparatus, computer controls, robotics, computer hardware, computer firmware, computer software, altimeters, GPS units,
speedometers, azimuth instruments, barometers, directional compasses, protective clothing, protective gloves, protective masks, protective helmets for sports, speed indicators;
Flight control apparatus, namely, apparatus for checking flight parameters, throttles, kill switches and joysticks;
Computer controls,
downloadable computer software for gaming, augmented reality, virtual reality simulation and mixed reality systems;
Altimeters, speedometers, azimuth
instruments, directional compasses, protective clothing, namely articles of protective clothing for wear by pilots for protection against accident or injury, articles of protective clothing for
protection against accidents and fire, and protective race suits for pilots or racing drivers;
Protective helmets for sports, speed indicatorsClass 009
for Flight control apparatus, namely, apparatus for checking flight parameters, throttles, kill switches and joysticks; Computer controls, downloadable computer software for gaming, augmented
reality, virtual reality simulation and mixed reality systems; Altimeters, speedometers, azimuth instruments, directional compasses, protective clothing, namely articles of protective clothing for
wear by pilots for protection against accident or injury, articles of protective clothing for protection against accidents and fire, and protective race suits for pilots or racing drivers; Protective
helmets for sports, speed indicators
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 17980091 filed
11/02/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3211860 registered
05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Vehicles; flying apparatus; civilian drones; parachutes; aeronautical apparatus, machines and appliances; electric bicycles; driverless cars; ejector seats for aircraft;
hot air balloons; remote control vehicles, other than toys; jet engines; turbines for land vehicles; vehicles for locomotion by land, air, water or rail
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 17980091 filed 11/02/2018]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 3211860
registered 05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Vehicles;
Flying apparatus, namely, helicopters, aircraft, aeroplanes, jet powered equipment
attached directly to the body for enabling a person to fly;
flying apparatus;
Civilian drones;
Parachutes;
Aeronautical apparatus, machines and appliances, namely jet aircraft, electrically and jet propelled apparatus for flying;
aeronautical apparatus, machines and appliances;
Remote control vehicles, other than toys, namely aircraft, aeroplanes, and jet
powered equipment attached directly to the body for enabling a person to fly, namely remote control kill switches for remotely assuming control of an aircraft;
electric bicycles;
Vehicles for locomotion by air or water, namely, airplanes helicopters, aircraft, jet powered equipment attached directly to the body
for enabling a person to fly;
driverless cars;
and Propulsion engines, namely, rocket, jet and internal combustion
engines for land vehicle propulsion;
ejector seats for aircraft;
hot air balloons;
remote control vehicles, other than toys;
jet engines;
turbines for land vehicles;
vehicles for locomotion by land, air, water or railClass 012 for Flying apparatus, namely, helicopters, aircraft, aeroplanes, jet powered equipment attached directly to the body
for enabling a person to fly; Civilian drones; Parachutes; Aeronautical apparatus, machines and appliances, namely jet aircraft, electrically and jet propelled apparatus for flying; Remote control
vehicles, other than toys, namely aircraft, aeroplanes, and jet powered equipment attached directly to the body for enabling a person to fly, namely remote control kill switches for remotely assuming
control of an aircraft; Vehicles for locomotion by air or water, namely, airplanes helicopters, aircraft, jet powered equipment attached directly to the body for enabling a person to fly; and
Propulsion engines, namely, rocket, jet and internal combustion engines for land vehicle propulsion
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 17980091 filed
11/02/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3211860 registered
05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, footwear and headgear
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 17980091 filed 11/02/2018]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 3211860
registered 05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Clothing, footwear and headgear;
Clothing, namely wristbands, t-shirts, racing suits not in the
nature of protective clothing, zipped hooded sweatshirts, footwear, and baseball hats and capsClass 025 for Clothing, namely wristbands, t-shirts, racing suits not in the nature of protective
clothing, zipped hooded sweatshirts, footwear, and baseball hats and caps
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 17980091 filed
11/02/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3211860 registered
05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Training services, entertainment/sporting events, providing recreation facilities, providing sports facilities; all relating to flying and human propulsion
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 17980091 filed 11/02/2018]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 3211860
registered 05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Training services, entertainment/sporting events, providing recreation facilities, providing sports facilities;
Training services in the field of flying apparatus control training, pilot training, zipline training;
all relating to flying and human
propulsion;
Entertainment services namely racing events, flying demonstrations, air shows, and experience events relating to piloting aircraft and jet powered
body-worn equipment;
Entertainment services, namely providing televised racing, flying, and air show events and demonstrations;
Organizing arranging and conducting racing, flying sports, and aeronautical sports events;
Providing recreation facilities, providing sports
facilitiesClass 041 for Training services in the field of flying apparatus control training, pilot training, zipline training; Entertainment services namely racing events, flying
demonstrations, air shows, and experience events relating to piloting aircraft and jet powered body-worn equipment; Entertainment services, namely providing televised racing, flying, and air show
events and demonstrations; Organizing arranging and conducting racing, flying sports, and aeronautical sports events; Providing recreation facilities, providing sports facilities
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 17980091 filed
11/02/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3211860 registered
05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Engineering services; research, design and development; computer system design
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 17980091 filed 11/02/2018]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 3211860
registered 05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Engineering services;
research, design and development;
Research,
design and development of jet engines, flying control apparatus and equipment, excluding research, design and development of computer software;
computer system
designClass 042 for Engineering services; Research, design and development of jet engines, flying control apparatus and equipment, excluding research, design and development of computer
software
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 17980091 filed
11/02/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3211860 registered
05/26/2017 with a renewal date of __________ and an expiration date of 02/09/2027 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
The applicant hereby appoints Alana M. Fuierer. Other appointed attorneys are Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact
all business in the U.S. Patent and Trademark Office connected therewith.. Alana M. Fuierer of Heslin Rothenberg Farley & Mesiti, P.C., is a member of the XX bar, admitted to the bar in
XXXX, bar membership no. XXX, and the attorney(s) is located at
5 Columbia Circle
Albany, New York 12203
United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 3034.010.
The phone number is 585-288-4832.
The fax number is 585-288-2010.
The email address is DOCK@hrfmlaw.com
Alana M. Fuierer 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.
The applicant's current correspondence information: . , is located at
,
The applicants proposed correspondence information: Alana M. Fuierer. Alana M. Fuierer of Heslin Rothenberg Farley & Mesiti, P.C., is located at
5 Columbia Circle
Albany, New York 12203
United States
The docket/reference number is 3034.010.
The phone number is 585-288-4832.
The fax number is 585-288-2010.
The email address is DOCK@hrfmlaw.com; alana.fuierer@hrfmlaw.com; jean.bell@hrfmlaw.com
SIGNATURE(S)
Response Signature
Signature: /amf/ Date: 09/09/2019
Signatory's Name: Alana M. Fuierer
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 585-288-4832
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:
,
Mailing Address: Alana M. Fuierer
Heslin Rothenberg Farley & Mesiti, P.C.
5 Columbia Circle
Albany, New York 12203
Serial Number: 88202298
Internet Transmission Date: Mon Sep 09 16:51:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019090916513996
8703-88202298-6107b2ad9535859b5aa9cda8f2
94c1d58d1c5ca4e7ca1571442470d872379a2-N/
A-N/A-20190909163021849275