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)

---

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. 88275231 NORWEGIAN JOY SPEEDWAY(Standard Characters, see http://uspto.report/TM/88275231/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Office Action Response and corresponding Exhibit has been attached.
Original PDF file:
evi_63240135132-20191009134209153373_._ice_Action_Response_-_NORWEGIAN_JOY_SPEEDWAY__App._88275231_.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_63240135132-20191009134209153373_._Exhibit_A_-_Norwegian_USPTO_Records.pdf
Converted PDF file(s) ( 46 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30
Evidence-31
Evidence-32
Evidence-33
Evidence-34
Evidence-35
Evidence-36
Evidence-37
Evidence-38
Evidence-39
Evidence-40
Evidence-41
Evidence-42
Evidence-43
Evidence-44
Evidence-45
Evidence-46

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment and recreational services, namely, go-kart track facilities and go-kart racing
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: Entertainment and recreational services, namely, go-kart track facilities and go-kart racing; Entertainment and recreational services, namely, providing go-kart track facilities and organizing go-kart racingClass 041 for Entertainment and recreational services, namely, providing go-kart track facilities and organizing go-kart racing
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: Nicole M. Meyer. Nicole M. Meyer of DICKINSON WRIGHT PLLC, is located at

      1825 EYE STREET, N.W., SUITE 900
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 71048-685.

The phone number is 202-659-6924.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com

The applicants proposed attorney information: Nicole M. Meyer. Nicole M. Meyer of DICKINSON WRIGHT PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1825 EYE STREET, N.W., SUITE 900
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 71048-685.

The phone number is 202-659-6924.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com

Nicole M. Meyer 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: NICOLE M. MEYER. NICOLE M. MEYER of DICKINSON WRIGHT PLLC, is located at

      1825 EYE STREET, N.W., SUITE 900
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 71048-685.

The phone number is 202-659-6924.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com; mdicarlo@dickinsonwright.com; mjackson@dickinsonwright.com; nmeyer@dickinsonwright.com

The applicants proposed correspondence information: Nicole M. Meyer. Nicole M. Meyer of DICKINSON WRIGHT PLLC, is located at

      1825 EYE STREET, N.W., SUITE 900
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 71048-685.

The phone number is 202-659-6924.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com; mdicarlo@dickinsonwright.com; mjackson@dickinsonwright.com; nmeyer@dickinsonwright.com

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


SIGNATURE(S)
Response Signature
Signature: /Nicole M. Meyer/     Date: 10/09/2019
Signatory's Name: Nicole M. Meyer
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202-659-6924

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:    NICOLE M. MEYER
   DICKINSON WRIGHT PLLC
   
   1825 EYE STREET, N.W., SUITE 900
   WASHINGTON, District of Columbia 20006
Mailing Address:    Nicole M. Meyer
   DICKINSON WRIGHT PLLC
   1825 EYE STREET, N.W., SUITE 900
   WASHINGTON, District of Columbia 20006
        
Serial Number: 88275231
Internet Transmission Date: Wed Oct 09 14:56:36 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201910091456369
50363-88275231-6106b37e63d60e04cb7584f40
cfbb985ec0791c92af8994b0af2a92d7d5fa4c8e
c-N/A-N/A-20191009134209153373