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)

---

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. 88207127 GLADIATOR(Standard Characters, see http://uspto.report/TM/88207127/mark.png) has been amended as follows:

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

Please see actual argument attached as Evidence.

EVIDENCE
Evidence has been attached: Argument; Screenshots of Applicant's Jeep Gladiator vehicle from its Jeep.com website; and substitute specimens.
Original PDF file:
evi_3-68372387-2020081312 1514098061_._Gladiator_de cal_OA_response.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_3-68372387-2020081312 1514098061_._Gladiator_sc reen_shots.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_3-68372387-2020081312 1514098061_._Gladiator_OA _Response_Specimen.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Decals
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.

In International Class 016, the mark was first used at least as early as 07/00/2019 and first used in commerce at least as early as 07/00/2019.


Proposed:
Class 016 for Decals

Deleted Filing Basis: 1(b)
In International Class 016, the mark was first used at least as early as 07/00/2019 . and first used in commerce at least as early as 07/00/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 016. The specimen(s) submitted consists of Screenshots from the FCA US website store.mopar.com showing the mark as used in connection with the goods and the means for ordering the goods through the website including the price, "add to cart" link and "checkout" link (at which point, the consumer would provide payment and shipping information)..
"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].
Original PDF file:
SPU0-68372387-20200813121 514098061_._Gladiator_OA_ Response_Specimen.pdf
Converted PDF file(s) ( 5 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5
Correspondence Information (current):
      FCA US LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: michelle.madak@fcagroup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GLADIATOR.
Correspondence Information (proposed):
      FCA US LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: michelle.madak@fcagroup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): danielle.mcgurk@fcagroup.com; kristen.spano@fcagroup.com

The docket/reference number is GLADIATOR.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

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.

Signature: /Kristen Spano/      Date: 08/13/2020
Signatory's Name: Kristen Spano
Signatory's Position: Senior Staff Attorney - P60370
Signatory's Phone Number: 2485126475


Response Signature
Signature: /Kristen Spano/     Date: 08/13/2020
Signatory's Name: Kristen Spano
Signatory's Position: Senior Staff Attorney - P60370

Signatory's Phone Number: 2485126475

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    FCA US LLC
   
   CIMS 483-02-19
   1000 CHRYSLER DRIVE
   AUBURN HILLS, Michigan 48326
Mailing Address:    FCA US LLC
   CIMS 483-02-19
   1000 Chrysler Drive
   Auburn Hills, Michigan 48326
        
Serial Number: 88207127
Internet Transmission Date: Thu Aug 13 13:13:29 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202008131313291677
65-88207127-7404f1768267fc117467233e56a9
4e7233c35a22cab87ec40fbce50ead62e4011-N/
A-N/A-20200813121514098061