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. 88307231 CARTER (Stylized and/or with Design, see http://uspto.report/TM/88307231/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 035 for On-line wholesale and retail store services featuring Hvac, Electrical, Solar, Renewable, Industrial / Scientific, Automotive, Tools, Home Improvement, Outdoor Recreation
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 01/01/2019 and first used in commerce at least as early as 02/05/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: On-line wholesale and retail store services featuring Hvac, Electrical, Solar, Renewable, Industrial / Scientific, Automotive, Tools, Home Improvement, Outdoor Recreation; On-line wholesale and retail store services featuring Hvac equipment, Electrical equipment, Solar equipment, Renewable equipment, Industrial machines and equipment, Scientific machines and equipment, Automotive equipment, Tools, Home Improvement goods, Outdoor Recreation equipmentClass 035 for On-line wholesale and retail store services featuring Hvac equipment, Electrical equipment, Solar equipment, Renewable equipment, Industrial machines and equipment, Scientific machines and equipment, Automotive equipment, Tools, Home Improvement goods, Outdoor Recreation equipment
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 01/01/2019 and first used in commerce at least as early as 02/05/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of Attachments consist of Product with advertising label showing Carter Mark as submitted with the word "CARTER" in stylized specific letter format with letter C being squared at bottom rounded at the top. Letter A being rounded on the left square on the right. Letter R being square on the left sloped on the right center line not connected. Letter T arching from the left down with no extension to the right, similar to a vertical squared 7. Letter E being sloped on the left and square on the right. Second Letter R being square on the left sloped on the right with center line not touching. Overall wording is presented on a dark (black) colored background rectangle with white all capital letters centered in the primary rectangle. Additionally the mark has another rectangle showing from behind the primary rectangle of a lighter color (gray) which protrudes from behind the first rectangle slightly and is visible on the right and bottom half of the mark Second attachment shows UPC sized version of mark in place on product identifying bar-code Examining attorney authorized to modify description as required to accurately identify distinction of mark. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2
Specimen File3

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


Color Claim
The color(s) Black, White, Gray. is/are claimed as a feature of the mark.

Description of mark
The mark consists of the word "CARTER" in stylized specific letter format with letter C being squared at bottom rounded at the top. Letter A being rounded on the left square on the right. Letter R being square on the left sloped on the right center line not connected. Letter T arching from the left down with no extension to the right, similar to a vertical squared 7. Letter E being sloped on the left and square on the right. Second Letter R being square on the left sloped on the right with center line not touching. Overall wording is presented on a dark (black) colored background rectangle with white all capital letters centered in the primary rectangle. Additionally the mark has another rectangle showing from behind the primary rectangle of a lighter color (gray) which protrudes from behind the first rectangle slightly and is visible on the right and bottom half of the mark.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


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').


Miscellaneous Statement
The examining attorney is authorized to modify the "Description of the Mark" and "Identification of Service's" as needed to meet applicable requirements to satisfy registration of the mark requested. the word "CARTER" in stylized specific letter format with letter C being squared at bottom rounded at the top. Letter A being rounded on the left square on the right. Letter R being square on the left sloped on the right center line not connected. Letter T arching from the left down with no extension to the right, similar to a vertical squared 7. Letter E being sloped on the left and square on the right. Second Letter R being square on the left sloped on the right with center line not touching. Overall wording is presented on a dark (black) colored background rectangle with white all capital letters centered in the primary rectangle. Additionally the mark has another rectangle showing from behind the primary rectangle of a lighter color (gray) which protrudes from behind the first rectangle slightly and is visible on the right and bottom half of the mark On-line wholesale and retail store services featuring Hvac equipment, Electrical equipment, Solar equipment, Renewable equipment, Industrial Scientific machines and equipment, Automotive equipment, Tools, Home Improvement goods, Outdoor Recreation equipment


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /kevin carter/      Date: 05/08/2019
Signatory's Name: kevin carter
Signatory's Position: Owner
Signatory's Phone Number: 6235002867


Response Signature
Signature: /kevin carter/     Date: 05/08/2019
Signatory's Name: kevin carter
Signatory's Position: Owner

Signatory's Phone Number: 6235002867

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88307231
Internet Transmission Date: Wed May 08 12:36:43 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019050812364387
9520-88307231-6203b203099c1cd98cbbf3bf2f
8c23d05a4c2effeb4af1cb2361b9d06437222bb4
-N/A-N/A-20190508113555997098