Response to Office Action

MADNESS

Toes in the Water Publishing, LLC

Response to Office Action [application/xml]

@attributes

Description
Response to Office Action
Document-subtype
roa
Document-type
roa
Expiry-date
09/20/2020
Form-number
1957
Omb-form-note-text
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.
Omb-form-number
0651-0050
Revision-date
10/2011
System-creator
eteas
Version
5.50
Version-date
2015-11-13

Trademark-case-files

Trademark-case-file

Case-file-header

Serial-number
88245869

Mark

@attributes

Action-code
read
Version
reference

Typed-mark

@attributes Standard-character-format
y
Mark-text
MADNESS
File-name
https://tmng-al.uspto.gov/resting2/api/img/88245869/large
Law-office-assigned-location-code
LAW OFFICE 128
Filing-date
20181231

Office-action-form

@attributes

Add-new-class
n
Appoint-representative
n
Attorney-filing
n
Correct-mark
n
Correct-procedure
n
Declaration-signature-method
DIRECT
Declaration-signature-type
n
Make-additional-statement
n
Modify-exist-class
y
Number-of-new-classes
1
Pay-additional-fee
n
Present-argument
y
Response-signature-method
DIRECT

Goods-service

@attributes

Action-code
read
Version
original
Sequence-number
1
Class-code
009
Original-class-code
009
Description-text
Audio books in the nature of novels in the field of horror and science fiction; Downloadable fiction e-books in the field of horror and science fiction
Filing-basis-current-1a-in
Y
Filing-basis-current-1b-in
N
Filing-basis-current-44d-in
N
Filing-basis-current-44e-in
N
First-use-anywhere-date
20180526
First-use-in-commerce-date
20180526

@attributes

Action-code
read
Version
original
Sequence-number
1
Class-code
016
Original-class-code
016
Description-text
Series of fiction books in the field of horror and science fiction
Filing-basis-current-1a-in
Y
Filing-basis-current-1b-in
N
Filing-basis-current-44d-in
N
Filing-basis-current-44e-in
N
First-use-anywhere-date
20180507
First-use-in-commerce-date
20180507

@attributes

Action-code
update
Version
correction
Sequence-number
1
Class-code
016

Specimen

@attributes

Action-code
create
Version
new
Statement-type
SPC
File-name
\\TICRS\EXPORT17\IMAGEOUT17\882\458\88245869\xml7\ROA0002.JPG
Description-text
Substitute specimen shows several instances of actual use of mark in commerce, on or before filing date.
Description-statement
"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]. 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 all statements made of his or her own knowledge are true and all statements made on information and belief are believed to be true.
Rpad
Y

Signature

@attributes

Action-code
create
Version
new
Esignature-type
DIRECT
Signature-type
R
Signature-entry-number
1
Signature-name
/Michael Banner/
Signatory-date
20190711
Signatory-name
Michael Banner
Signatory-position
Manager
Phone
5209777757

Boilerplate

Boilerplate-type
GOODSSERVICES.44D.RELYON44E
Boilerplate-description
RELY ON 44(E)
Boilerplate-text
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.
Boilerplate-type
SIGNATURE.ROA
Boilerplate-description
TEAS Trademark/Service Mark Declaration
Boilerplate-text

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.

Boilerplate-type
AUTHORIZATION
Boilerplate-description
applicant authorization
Boilerplate-text
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.

Filing

Filing-identifier
20190711191319271050-88245869
Xml-create-date
20190711 19:33:43
Submit-date
Thu Jul 11 19:36:33 EDT 2019
Teas-stamp
USPTO/ROA-68.230.59.68-20190711193633824460-88245869-620ae703ea86583d751d3a817928f8347fc60dd40fe9cf086bd4e5f43f6ff7-N/A-N/A-20190711191319271050
Filing-description
Response to Office Action Form
Reply-email
michael@mlbanner.com

Response to Office Action [image/jpeg]


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