Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88215375 DG (Stylized and/or with Design, see http://uspto.report/TM/88215375/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Golf training aids, golf towels, golf bags, golf gloves, divot repair tools and pitch mark repair tools
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.

Proposed:
Tracked Text Description: Golf training aids, golf towels, golf bags, golf gloves, divot repair tools and pitch mark repair tools; Golf training aids, namely tangible articles designed to attach to a golfer and/or golf club and improve a golfer's swingClass 009 for Golf training aids, namely tangible articles designed to attach to a golfer and/or golf club and improve a golfer's swing
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Apparel, namely, T-shirts, shirts, hats, caps, sweatshirts, pants, sweats, hoodies and socks
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.

Proposed:
Tracked Text Description: Apparel, namely, T-shirts, shirts, hats, caps, sweatshirts, pants, sweats, hoodies and socks; Apparel, namely, T-shirts, shirts, hats, caps, sweatshirts, pants, sweat suits, hoodies and socksClass 025 for Apparel, namely, T-shirts, shirts, hats, caps, sweatshirts, pants, sweat suits, hoodies and socks
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.

The applicant's current attorney information: Rob L. Phillips. Rob L. Phillips of FISHERBROYLES, LLP, is located at

      26431 PASEO INFINITA
      SAN JUAN CAPISTRANO, California 92675
      US
The docket/reference number is 11210.T001US.

The phone number is 702-518-1239.

The email address is rob.phillips@fisherbroyles.com

The applicants proposed attorney information: Rob L. Phillips. Rob L. Phillips of FISHERBROYLES, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      26431 PASEO INFINITA
      SAN JUAN CAPISTRANO, California 92675
      United States
The docket/reference number is 11210.T001US.

The phone number is 702-518-1239.

The email address is rob.phillips@fisherbroyles.com

Rob L. Phillips 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: ROB L. PHILLIPS. ROB L. PHILLIPS of FISHERBROYLES, LLP, is located at

      26431 PASEO INFINITA
      SAN JUAN CAPISTRANO, California 92675
      US
The docket/reference number is 11210.T001US.

The phone number is 702-518-1239.

The email address is rob.phillips@fisherbroyles.com; docketing@fisherbroyles.com

The applicants proposed correspondence information: Rob L. Phillips. Rob L. Phillips of FISHERBROYLES, LLP, is located at

      26431 PASEO INFINITA
      SAN JUAN CAPISTRANO, California 92675
      United States
The docket/reference number is 11210.T001US.

The phone number is 702-518-1239.

The email address is rob.phillips@fisherbroyles.com; docketing@fisherbroyles.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized letters "D G" formed by three sets of spaced, parallel lines.

SIGNATURE(S)
Response Signature
Signature: /Rob L. Phillips/     Date: 09/11/2019
Signatory's Name: Rob L. Phillips
Signatory's Position: Attorney of record, Nevada bar member

Signatory's Phone Number: 702-518-1239

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:    ROB L. PHILLIPS
   FISHERBROYLES, LLP
   
   26431 PASEO INFINITA
   SAN JUAN CAPISTRANO, California 92675
Mailing Address:    Rob L. Phillips
   FISHERBROYLES, LLP
   26431 PASEO INFINITA
   SAN JUAN CAPISTRANO, California 92675
        
Serial Number: 88215375
Internet Transmission Date: Wed Sep 11 14:40:58 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201909111440584
92119-88215375-6100aa7f31db1e69b73a6cf51
4a2e7dce1dd348b48c0d3fb806362a469c8402b2
5-N/A-N/A-20190911143321156023