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. 88288406 POWER GEAR(Standard Characters, see http://uspto.report/TM/88288406/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 argument has been attached.
Original PDF file:
evi_72235170229-20191014151403659245_._Response_to_4.19.2019_Office_Action_for_POWER_GEAR.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Athletic shirts; Baseball caps and hats; Camouflage shirts; Graphic T-shirts; Hats; Hooded sweat shirts; Long-sleeved shirts; Shirts; Shirts and short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Sports caps and hats; T-shirts; Wristbands
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: Athletic shirts; Baseball caps and hats; Camouflage shirts; Graphic T-shirts; Hats; Hooded sweat shirts; Long-sleeved shirts; Shirts; Shirts and short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Sports caps and hats; T-shirts; Wristbands; Wristbands as clothingClass 025 for Athletic shirts; Baseball caps and hats; Camouflage shirts; Graphic T-shirts; Hats; Hooded sweat shirts; Long-sleeved shirts; Shirts; Shirts and short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Sports caps and hats; T-shirts; Wristbands as clothing
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: Joseph Shapiro. Joseph Shapiro of STRONG & HANNI, is located at

      102 S 200 E, SUITE 800
      SALT LAKE CITY, Utah 84111
      US
The docket/reference number is 12300.100.

The phone number is 801-323-2131.

The email address is jshapiro@strongandhanni.com

The applicants proposed attorney information: Joseph Shapiro. Other appointed attorneys are Casey Jones. Joseph Shapiro of STRONG & HANNI, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      102 S 200 E, SUITE 800
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is 12300.100.

The phone number is 801-323-2131.

The email address is jshapiro@strongandhanni.com

Joseph Shapiro 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: JOSEPH SHAPIRO. JOSEPH SHAPIRO of STRONG & HANNI, is located at

      102 S 200 E, SUITE 800
      SALT LAKE CITY, Utah 84111
      US
The docket/reference number is 12300.100.

The phone number is 801-323-2131.

The email address is jshapiro@strongandhanni.com; trademarkadmin@strongandhanni.com

The applicants proposed correspondence information: Joseph Shapiro. Joseph Shapiro of STRONG & HANNI, is located at

      102 S 200 E, SUITE 800
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is 12300.100.

The phone number is 801-323-2131.

The email address is jshapiro@strongandhanni.com; trademarkadmin@strongandhanni.com

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


SIGNATURE(S)
Response Signature
Signature: /Joseph Shapiro/     Date: 10/14/2019
Signatory's Name: Joseph Shapiro
Signatory's Position: Attorney of record

Signatory's Phone Number: 801-323-2131

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:    JOSEPH SHAPIRO
   STRONG & HANNI
   
   102 S 200 E, SUITE 800
   SALT LAKE CITY, Utah 84111
Mailing Address:    Joseph Shapiro
   STRONG & HANNI
   102 S 200 E, SUITE 800
   SALT LAKE CITY, Utah 84111
        
Serial Number: 88288406
Internet Transmission Date: Mon Oct 14 15:28:38 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201910141528380
82140-88288406-610314a1812366ce0573f67cb
2aeed22235ce1ceb59334a2f15937632d14ae5f3
-N/A-N/A-20191014151403659245