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 |
88224814 |
LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88224814/mark.png |
LITERAL ELEMENT |
C. F. MARTIN IV |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of C. F. Martin IV in script font. |
GOODS AND/OR SERVICES SECTION (015)(current) |
INTERNATIONAL CLASS |
015 |
DESCRIPTION |
(Based on Use in Commerce) Stringed musical instruments; (Based on Intent to Use) Strings for musical instruments |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/1983 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/1983 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (015)(proposed) |
INTERNATIONAL CLASS |
015 |
DESCRIPTION |
(Based on Use in Commerce) Stringed musical instruments; (Based on Intent to Use) Strings for musical instruments |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/1983 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/1983 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\248\88224814\xml6\ ROA0002.JPG |
SPECIMEN DESCRIPTION |
a label inside the soundhole of a Martin Special Edition CEO-9 Guitar which includes the stylized word mark C. F. MARTIN IV. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
(Based on Use in Commerce) Hats; (Based on Intent to Use) Hoodies; Short-sleeved or long-sleeved t-shirts; Sweat shirts |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/1990 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/1990 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
(Based on Use in Commerce) Hats; (Based on Intent to Use)
Hats; (Based on Intent to Use) Hoodies; Hoodies; Short-sleeved or long-sleeved t-shirts;
Sweat shirts |
FINAL DESCRIPTION |
(Based on Intent to Use) Hats; Hoodies; Short-sleeved or long-sleeved t-shirts; Sweat shirts |
FILING BASIS |
Section 1(b) |
DELETED FILING BASIS |
1(a); |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized wording "C. F. Martin IV". |
ACTIVE PRIOR REGISTRATION(S) |
The applicant claims ownership of active prior U.S. Registration Number(s) 0984980, 1134089, and 3075384. |
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) |
The name(s), portrait(s), and/or signature(s) shown in the mark identifies C. F. Martin IV, whose consent(s) to register is made of
record. |
CONSENT FILE NAME(S) |
ORIGINAL PDF FILE |
consent-2041863482-160743264_._Consent_by_Living_Individual_12-11-2018.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\248\88224814\xml6\ROA0003.JPG |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Cynthia L. McAllister/ |
SIGNATORY'S NAME |
Cynthia L. McAllister |
SIGNATORY'S POSITION |
Vice President, Dreadnought |
SIGNATORY'S PHONE NUMBER |
610-759-2837 |
DATE SIGNED |
05/10/2019 |
RESPONSE SIGNATURE |
/Cynthia L. McAllister/ |
SIGNATORY'S NAME |
Cynthia L. McAllister |
SIGNATORY'S POSITION |
Vice President, Dreadnought, Inc. |
SIGNATORY'S PHONE NUMBER |
610-759-2837 |
DATE SIGNED |
05/10/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri May 10 16:44:21 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0190510164421300337-88224
814-620fdbed6a474ace462c3
b38917113b2c089abe753a93b
7ae8f22c978bc75fd2-N/A-N/
A-20190510160743264187 |
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.
88224814 C. F. MARTIN IV (Stylized and/or with Design, see http://uspto.report/TM/88224814/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 015 for (Based on Use in Commerce) Stringed musical instruments; (Based on Intent to Use) Strings for musical instruments
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 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/1983 and first used in commerce at least as early as 01/01/1983 , and
is now in use in such commerce.
Proposed: Class 015 for (Based on Use in Commerce) Stringed musical instruments; (Based on Intent to Use) Strings for musical instruments
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 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/1983 and first used in commerce at least as early as 01/01/1983 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 015 . The specimen(s) submitted consists of a label inside the soundhole of a Martin Special Edition CEO-9 Guitar which includes the
stylized word mark C. F. MARTIN IV. .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for (Based on Use in Commerce) Hats; (Based on Intent to Use) Hoodies; Short-sleeved or long-sleeved t-shirts; Sweat shirts
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 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/1990 and first used in commerce at least as early as 01/01/1990 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: (Based on Use in Commerce) Hats;
(Based on Intent to Use) Hats;
(Based on Intent to Use) Hoodies;
Hoodies;
Short-sleeved or long-sleeved t-shirts;
Sweat
shirtsClass 025 for (Based on Intent to Use) Hats; Hoodies; Short-sleeved or long-sleeved t-shirts; Sweat shirts
Deleted Filing Basis: 1(a)
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.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "C. F. Martin IV".
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 0984980, 1134089, and 3075384.
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies C. F. Martin IV, whose consent(s) to register is made of record.
Original PDF file:
consent-2041863482-160743264_._Consent_by_Living_Individual_12-11-2018.pdf
Converted PDF file(s) ( 1 page)
Consent File1
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: /Cynthia L. McAllister/ Date: 05/10/2019
Signatory's Name: Cynthia L. McAllister
Signatory's Position: Vice President, Dreadnought
Signatory's Phone Number: 610-759-2837
Response Signature
Signature: /Cynthia L. McAllister/ Date: 05/10/2019
Signatory's Name: Cynthia L. McAllister
Signatory's Position: Vice President, Dreadnought, Inc.
Signatory's Phone Number: 610-759-2837
The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal
authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power
of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
Serial Number: 88224814
Internet Transmission Date: Fri May 10 16:44:21 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019051016442130
0337-88224814-620fdbed6a474ace462c3b3891
7113b2c089abe753a93b7ae8f22c978bc75fd2-N
/A-N/A-20190510160743264187