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. 88307510 FULL SPEED ENTRY(Standard Characters, see http://uspto.report/TM/88307510/mark.png) has been amended as follows:

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

Applicant has revised, narrowed, and clarified the recitation of services to more accurately describe Applicant's services. As indicated by the revised recitation, the services of Applicant do not include goods identical to or related to the goods of either registrant. Based on the revised recitation, Applicant respectfully requests the Examining Attorney reconsider, and withdraw, the Section 2(d) refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Stickers, hats, shirts
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: Stickers, hats, shirts; StickersClass 016 for Stickers
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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Christopher J. Day of Day Law Firm, having an address of
9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
United States
chris@daylawfirm.com
602-258-4440
602-258-4441
The Other Appointed Attorney(s): Janna Day.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
ROSS, MICHAEL
4777 SAGE THRASHER WAY
SPARKS
Nevada
US
89436

Proposed:
Christopher J. Day of Day Law Firm, having an address of
9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
United States
chris@daylawfirm.com
602-258-4440
602-258-4441



SIGNATURE(S)
Response Signature
Signature: /Christopher J. Day/     Date: 05/14/2019
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-258-4440

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:    Christopher J. Day
   Day Law Firm
   9977 North 90th Street, Suite 155
   Scottsdale, Arizona 85258
        
Serial Number: 88307510
Internet Transmission Date: Tue May 14 19:02:45 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019051419024585
0242-88307510-62034b8bfb2819694e358850d9
4f4ed44bdecdba1cecedf31e792cb28ef93e964-
N/A-N/A-20190514190143566476