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. 88265377 ERIK'S (Stylized and/or with Design, see http://uspto.report/TM/88265377/mark.png) has been amended as follows:

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

This is responsive to an Office Action sent on March 24, 2019. In the Office Action, clarification of Applicant?s services also with amendments were requested. Applicant hereby amends the services as follows: retail store services and online retail store services featuring bicycles, bicycle parts, bicycle accessories, apparel for bicycling, bicycle helmets, bicycle eye ware and, bicycle shoes;, snowboards, snowboard parts, snowboard accessories, apparel for snowboarding, snowboard boots, snowboard gloves, snowboard helmets, snowboard goggles, and instruction materials for snowboarding;, skateboards, skateboard parts, skateboard accessories, and skateboard helmets;, snow skis, snow ski boots, snow ski bindings, ski helmets and, ski goggles;, men's, women's and children's clothing, namely, winter jackets, snow pants, winter hats, winter gloves, and socks, shorts, jerseys, cycling gloves, base layer apparel, vests, tights and pants; equipment for indoor cycling, namely, stationary bicycles and, electronic monitors;, food and liquid storage equipment;, food;, health drinks;, drinking bottles,; clothing and informational material regarding sports training With the amendment to the services, Applicant respectfully submits that the present application is in condition to be published. Applicant respectfully requests that the present application be allowed to publish.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services and online retail store services featuring bicycles, bicycle parts, bicycle accessories, apparel for bicycling, bicycle helmets, bicycle eye ware, bicycle shoes, snowboards, snowboard parts, snowboard accessories, apparel for snowboarding, snowboard boots, snowboard gloves, snowboard helmets, snowboard goggles, and instruction for snowboarding, skateboards, skateboard parts, skateboard accessories, skateboard helmets, snow skis, snow ski boots, snow ski bindings, ski helmets, ski goggles, men's, women's and children's clothing, namely, winter jackets, snow pants, winter hats, winter gloves and socks; equipment for indoor cycling, stationary bicycles, electronic monitors, food and liquid storage equipment, food, health drinks, drinking bottles, clothing and informational material regarding sports training
Original Filing Basis:
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 04/01/1997 and first used in commerce at least as early as 04/01/1997 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail store services and online retail store services featuring bicycles, bicycle parts, bicycle accessories, apparel for bicycling, bicycle helmets, bicycle eye ware, bicycle shoes, snowboards, snowboard parts, snowboard accessories, apparel for snowboarding, snowboard boots, snowboard gloves, snowboard helmets, snowboard goggles, and instruction for snowboarding, skateboards, skateboard parts, skateboard accessories, skateboard helmets, snow skis, snow ski boots, snow ski bindings, ski helmets, ski goggles, men's, women's and children's clothing, namely, winter jackets, snow pants, winter hats, winter gloves and socks; Retail store services and online retail store services featuring bicycles, bicycle parts, bicycle accessories, apparel for bicycling, bicycle helmets, bicycle eye ware and bicycle shoes; equipment for indoor cycling, stationary bicycles, electronic monitors, food and liquid storage equipment, food, health drinks, drinking bottles, clothing and informational material regarding sports training; snowboards, snowboard parts, snowboard accessories, apparel for snowboarding, snowboard boots, snowboard gloves, snowboard helmets, snowboard goggles, and instruction materials for snowboarding; skateboards, skateboard parts, skateboard accessories and skateboard helmets; snow skis, snow ski boots, snow ski bindings, ski helmets and ski goggles; men's, women's and children's clothing, namely, winter jackets, snow pants, winter hats, winter gloves, socks, shorts, jerseys, cycling gloves, base layer apparel, vests, tights and pants; equipment for indoor cycling, namely, stationary bicycles and electronic monitors; food and liquid storage equipment; food; health drinks; drinking bottles; and informational material regarding sports trainingClass 035 for Retail store services and online retail store services featuring bicycles, bicycle parts, bicycle accessories, apparel for bicycling, bicycle helmets, bicycle eye ware and bicycle shoes; snowboards, snowboard parts, snowboard accessories, apparel for snowboarding, snowboard boots, snowboard gloves, snowboard helmets, snowboard goggles, and instruction materials for snowboarding; skateboards, skateboard parts, skateboard accessories and skateboard helmets; snow skis, snow ski boots, snow ski bindings, ski helmets and ski goggles; men's, women's and children's clothing, namely, winter jackets, snow pants, winter hats, winter gloves, socks, shorts, jerseys, cycling gloves, base layer apparel, vests, tights and pants; equipment for indoor cycling, namely, stationary bicycles and electronic monitors; food and liquid storage equipment; food; health drinks; drinking bottles; and informational material regarding sports training
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 04/01/1997 and first used in commerce at least as early as 04/01/1997 , and is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
PETER J. IMS
WESTMAN, CHAMPLIN & KOEHLER, P.A.
900 2ND AVE SOUTH
SUITE 1400
MINNEAPOLIS
Minnesota
US
55402-0230

Proposed:
PETER J. IMS of WESTMAN, CHAMPLIN & KOEHLER, P.A., having an address of
SUITE 1400 900 2ND AVE SOUTH MINNEAPOLIS, Minnesota 55402-0230
United States
pims@wck.com;blindstrom@wck.com
612-334-3222
612-334-3312
The docket/reference number is E019.6000US1 .



SIGNATURE(S)
Response Signature
Signature: /Peter J. Ims/     Date: 08/02/2019
Signatory's Name: Peter J. Ims
Signatory's Position: Attorney of Record MN Bar Member

Signatory's Phone Number: 6123343222

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    PETER J. IMS
   WESTMAN, CHAMPLIN & KOEHLER, P.A.
   SUITE 1400
   900 2ND AVE SOUTH
   MINNEAPOLIS, Minnesota 55402-0230
        
Serial Number: 88265377
Internet Transmission Date: Fri Aug 02 15:23:13 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908021523136
64111-88265377-620acab2e3789ad3e7d49f374
16d30dbed204189b2924988901cf77493b18-N/A
-N/A-20190802140254340849