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. 88254286 MOAB TIRE SUPPLY(Standard Characters, see http://uspto.report/TM/88254286/mark.png) has been amended as follows:

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

The Examining Attorney has issued an Office Action for this application on March 26, 2019. As part of the Office Action, the Examining Attorney presented a requirement for a disclaimer of the term "TIRE SUPPLY" and a requirement for amendments to the description of mark services. The Examining Attorney has also presented a Request for Information regarding the potential geographic reference and/or significance of the term "MOAB" of the mark. The Applicant respectfully appreciates the Examining Attorney's careful consideration of the mark and explanation of the issues. In response, Applicant separately disclaims the term "TIRE SUPPLY" and amends the description of mark services herewith. Also, Applicant herewith submits, attached in the Evidence section, a signed Declaration in which Applicant explains and attests to the lack of geographic connection or significance in the MOAB mark of the present application. Applicant trusts that these actions place the application in condition for allowance, and Applicant respectfully requests a prompt allowance by the Examining Attorney. If any issues remain, Applicant asks that the Examining Attorney contact Applicant's attorney representative at her convenience in the hope that any remaining issues may be addressed and resolved quickly and amicably.

EVIDENCE
Evidence in the nature of Signed Declaration in which Applicant explains and attests to the lack of geographic connection or significance in the MOAB mark of the present application. has been attached.
Original PDF file:
evi_17471230253-20190924134705006008_._19-09-24_-_SIGNED_DECLARATION_88254286_MOAB_tire_supply_MARK.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Distributorship services in the field of supplies for tire dealers; On-line wholesale store services featuring supplies for tire dealers; Wholesale services by direct solicitation by sales agents in the field of supplies for tire dealers; Wholesale store services featuring supplies for tire dealers
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: Distributorship services in the field of supplies for tire dealers; Distributorship services in the field of patches, chemicals, tire installation tools, specialty tools, parts, and consumables for tire dealers, tire installers and tire repair shops; On-line wholesale store services featuring supplies for tire dealers; On-line wholesale store services featuring patches, chemicals, tire installation tools, specialty tools, parts, and consumables for tire dealers, tire installers and tire repair shops; Wholesale services by direct solicitation by sales agents in the field of supplies for tire dealers; Wholesale services by direct solicitation by sales agents in the field of patches, chemicals, tire installation tools, specialty tools, parts, and consumables for tire dealers, tire installers and tire repair shops; Wholesale store services featuring supplies for tire dealers; Wholesale store services featuring patches, chemicals, tire installation tools, specialty tools, parts, and consumables for tire dealers, tire installers and tire repair shops.Class 035 for Distributorship services in the field of patches, chemicals, tire installation tools, specialty tools, parts, and consumables for tire dealers, tire installers and tire repair shops; On-line wholesale store services featuring patches, chemicals, tire installation tools, specialty tools, parts, and consumables for tire dealers, tire installers and tire repair shops; Wholesale services by direct solicitation by sales agents in the field of patches, chemicals, tire installation tools, specialty tools, parts, and consumables for tire dealers, tire installers and tire repair shops; Wholesale store services featuring patches, chemicals, tire installation tools, specialty tools, parts, and consumables for tire dealers, tire installers and tire repair shops.
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: A. Gregory Gibbs. A. Gregory Gibbs of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      US
The docket/reference number is JSPROD.0229T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com

The applicants proposed attorney information: A. Gregory Gibbs. Other appointed attorneys are R. Scott Weide, Chad Miller, Brian Prince. A. Gregory Gibbs of WEIDE & MILLER, LTD., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      United States
The docket/reference number is JSPROD.0229T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com

A. Gregory Gibbs 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: A. GREGORY GIBBS. A. GREGORY GIBBS of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      US
The docket/reference number is JSPROD.0229T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com; ggibbs@weidemiller.com; bprince@weidemiller.com

The applicants proposed correspondence information: A. Gregory Gibbs. A. Gregory Gibbs of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      United States
The docket/reference number is JSPROD.0229T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com; ggibbs@weidemiller.com; bprince@weidemiller.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use TIRE SUPPLY apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /A. Gregory Gibbs/     Date: 09/24/2019
Signatory's Name: A. Gregory Gibbs
Signatory's Position: Attorney of record, Nevada Bar member

Signatory's Phone Number: 702-382-4804

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:    A. GREGORY GIBBS
   WEIDE & MILLER, LTD.
   
   10655 PARK RUN DRIVE, SUITE 100
   LAS VEGAS, Nevada 89144
Mailing Address:    A. Gregory Gibbs
   WEIDE & MILLER, LTD.
   10655 PARK RUN DRIVE, SUITE 100
   LAS VEGAS, Nevada 89144
        
Serial Number: 88254286
Internet Transmission Date: Tue Sep 24 14:16:06 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201909241416067
25871-88254286-61026fefb4136a5ecba70c02d
c44cc13956322b8087e882955adf6bfcd871ff9b
1b-N/A-N/A-20190924134705006008