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. 88282327 NIGHT FC(Standard Characters, see http://uspto.report/TM/88282327/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 028 for Fishing lines
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: Fishing lines; Fishing lines made in whole or significant part of fluorocarbonClass 028 for Fishing lines made in whole or significant part of fluorocarbon
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: Lawrence E. Apolzon. Lawrence E. Apolzon of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is SUNC 1901332.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Apolzon-Docket@fzlz.com

The applicants proposed attorney information: Lawrence E. Apolzon. Other appointed attorneys are Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Karen Lim, Charles T.J. Weigell, Ashford Tucker, Tamar Niv Bessinger. Lawrence E. Apolzon of Fross Zelnick Lehrman & Zissu, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      151 West 42nd St., 17th Fl.
      New York, New York 10036
      United States
The docket/reference number is SUNC 1901332.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Apolzon-Docket@fzlz.com

Lawrence E. Apolzon 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: LAWRENCE E. APOLZON. LAWRENCE E. APOLZON of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is SUNC 1901332.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Apolzon-Docket@fzlz.com

The applicants proposed correspondence information: Lawrence E. Apolzon. Lawrence E. Apolzon of Fross Zelnick Lehrman & Zissu, P.C., is located at

      151 West 42nd St., 17th Fl.
      New York, New York 10036
      United States
The docket/reference number is SUNC 1901332.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Apolzon-Docket@fzlz.com

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


Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.


SIGNATURE(S)
Response Signature
Signature: /lea/     Date: 09/18/2019
Signatory's Name: Lawrence E. Apolzon
Signatory's Position: Attorney of Record, New York State Bar Member

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:    LAWRENCE E. APOLZON
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   4 TIMES SQUARE, 17TH FLOOR
   NEW YORK, New York 10036
Mailing Address:    Lawrence E. Apolzon
   Fross Zelnick Lehrman & Zissu, P.C.
   151 West 42nd St., 17th Fl.
   New York, New York 10036
        
Serial Number: 88282327
Internet Transmission Date: Wed Sep 18 18:29:15 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201909181829150
47360-88282327-6105efc12bd91af2401fe4d3e
99d354145cb685218fca2d4c9b025f2f83841252
3-N/A-N/A-20190918182045602296