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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88312067 |
LAW OFFICE ASSIGNED |
LAW OFFICE 128 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88312067/mark.png |
LITERAL ELEMENT |
M |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Wakeboard helmet; sports helmets; rashguards; swim goggles; sun glasses; eyeglass frames; prescription spectacles; spectacles; eye
glass cords; spectacle and sunglasses cases; eyeglass cases and sunglass cases; spectacle lenses; optical goods; glasses for optical use or adapted to protect the eyes; optical glass; spectacle
chains; clothing for protection against accident or injury for water sports (in particular, diving suits, life jackets, safety jackets and clothing for protection against the sun, low temperatures
and moisture); sports spectacles; safety spectacles (protection); life jackets; spectacle cases |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Wakeboard helmet; sports helmets; rashguards;
swim goggles; sun glasses; eyeglass frames; prescription spectacles; spectacles; eye glass cords; spectacles and sunglasses cases; spectacle and sunglasses
cases; eyeglass cases and sunglass cases; spectacle lenses; optical goods, namely, optical glasses,
optical frames, optical sunglasses; optical goods; glasses for optical use or adapted to protect the eyes; optical glasses; optical glass; spectacle chains; clothing for protection
against accident or injury for water sports, namely, diving suits, life jackets, and safety jackets; clothing for protection against accident or injury for
water sports (in particular, diving suits, life jackets, safety jackets and clothing for protection against the sun, low temperatures and moisture); personal
floatation devices for protection and rescue purposes; sports spectacles; safety spectacles (protection); safety spectacles for protection; life jackets; spectacle cases |
FINAL DESCRIPTION |
Wakeboard helmet; sports helmets; swim goggles; sun glasses; eyeglass frames; prescription spectacles; spectacles; eye glass cords;
spectacles and sunglasses cases; eyeglass cases and sunglass cases; spectacle lenses; optical goods, namely, optical glasses, optical frames, optical sunglasses; glasses for optical use or adapted to
protect the eyes; optical glasses; spectacle chains; clothing for protection against accident or injury for water sports, namely, diving suits, life jackets, and safety jackets; personal floatation
devices for protection and rescue purposes; sports spectacles; safety spectacles for protection; life jackets; spectacle cases; |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (012)(current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Kayaks; canoes; ribs (boats); watercrafts |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (012)(proposed) |
INTERNATIONAL CLASS |
012 |
TRACKED TEXT DESCRIPTION |
Kayaks; canoes; ribs (boats); rigid-inflatable boats; watercrafts; sail vehicles; watercrafts,
namely boats, paddle boats, water scooters, personal jet boats, water scooters, stand up personal watercrafts in the nature of paddleboards, dinghies, catamarans, ketches, yawls, power boats, ski and
wakeboard boats, jet boats, pontoon boats, trimarans; accessories for watercrafts, namely, canvas covers, planning hulls, fitted storage covers, traction mats,
fitted seat covers for vehicles, handlebar covers, non-motorized carts for transporting and storing recreational and sports equipment and sports balls on the beach, shopping carts, boarding steps for
attachment to vehicles, ride plates, handlebar grips for , personal jet boats and water scooters, sponsons, intake grates, boat fenders. |
FINAL DESCRIPTION |
Kayaks; canoes; rigid-inflatable boats; sail vehicles; watercrafts, namely boats, paddle boats, water scooters, personal jet boats,
water scooters, stand up personal watercrafts in the nature of paddleboards, dinghies, catamarans, ketches, yawls, power boats, ski and wakeboard boats, jet boats, pontoon boats, trimarans;
accessories for watercrafts, namely, canvas covers, planning hulls, fitted storage covers, traction mats, fitted seat covers for vehicles, handlebar covers, non-motorized carts for transporting and
storing recreational and sports equipment and sports balls on the beach, shopping carts, boarding steps for attachment to vehicles, ride plates, handlebar grips for , personal jet boats and water
scooters, sponsons, intake grates, boat fenders. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (014)(no change) |
GOODS AND/OR SERVICES SECTION (022)(current) |
INTERNATIONAL CLASS |
022 |
DESCRIPTION |
Accessories for watercrafts; sail vehicles, sail boards, surfboards, namely, sails, ropes and cables; string, nets, tents, awnings |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (022)(proposed) |
INTERNATIONAL CLASS |
022 |
TRACKED TEXT DESCRIPTION |
Accessories for watercrafts; Sails, ropes and cables, not of
metal; sail vehicles, sail boards, surfboards, namely, sails, ropes and cables; string, commercial nets, tents, awnings of
textile; string, nets, tents, awnings |
FINAL DESCRIPTION |
Sails, ropes and cables, not of metal; string, commercial nets, tents, awnings of textile |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (024)(no change) |
GOODS AND/OR SERVICES SECTION (028)(current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Paddles for stand-up paddle boarding; boards for stand-up paddle boarding; kites; kites for kitesurfing; parts and fittings for
kitesurfing, wakeboarding and stand-up paddle boarding; boards for kitesurfing; boards for wave boarding; gymnastic and sporting articles (except clothing); surfboards; wind surfers; longboards;
skateboards; parts and fittings for the aforesaid goods, namely, centreboards, skegs (fins), masts, booms, hand grips, toe rails (low upright sides), clamping joints (connection clips) and grip
apparatus, pumps for inflatable stand-up paddle boards, leash lines for boards, safety lines for boards; sporting articles related to surfing, sailing and windsurfing included in this class; swimming
jackets; bags for surfboards |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Paddles for stand-up paddle boarding; boards for stand-up paddle boarding;
kites; kites for kitesurfing; parts and fittings for kitesurfing, wakeboarding and stand-up paddle boarding;
parts and fittings for kitesurfing, wakeboarding and stand-up paddle boarding, namely, kite strings, kite reels, paddleboard fins, leading edges for kites, struts,
valves, bridals, canopies, sails, wing tips, pigtails, rubber loops for the purpose of attaching the control bar to a kitesurfing harness, lock tubes, quick releases, back line adjusters, depower
lines, depower straps, bars, swivels, safety leashes, airlock valves, grab handles, leader lines, spreader bar lock tube, extension lines, compsticks, footstrap screws, screws, life lines, track
nuts, rear lines, winding post covers, lower landing lines, trust bars, front lines, entity washers, click bars, washers, sliding ropes, powerbrackets, stoppers, sliders, security pins, repair kits,
bungees, valve caps, stopper balls, board handles, pully links, fin screws, clamp covers, covers for bars, safety rings, harness loops, floaters, strap buckles, sliding stoppers, boardbags,
boardleashes, kite leashes, harnesses, spreader bars, hoof hooks, roof rack pads, roof rack straps, surf traction pads, slider bars, surf foils, kite knifes, wings, foils, masts, bolts, foil covers,
fuselages, foil masts, wing shims, top plates, tuttle adapters, deck pads, rails, railings, vent plugs, leash cups, tie-downs, fin boxes, fins, side bites, handles, bungee kits, mounting hardware for
fins, paddles, wake boots, towables for wakeboarding, pumps; boards for kitesurfing; boards for wave boarding; gymnastic and sporting articles (except clothing); gymnastic and sporting articles except clothing, namely, articles for watersports and snowsports
namely waterskis, water towable tubes, flyboards, skis, snowboards, personal floatation devices for recreational use; surfboards; wind
surfers; longboards; skateboards; parts and fittings for the aforesaid goods, namely, centreboards,
skegs (fins), masts, booms, hand grips, toe rails (low upright sides), clamping joints (connection clips) and grip apparatus, pumps for inflatable stand-up paddle boards, leash lines for boards,
safety lines for boards; parts and fittings for the aforesaid goods, namely centreboards, skegs being fins, masts, booms, hand grips, toe rails for boards and
sailboats featuring low upright sides, clamping joints being connection clips and grip apparatus, pumps for inflatable stand-up paddle boards, leash lines for boards, safety lines for boards;
sporting articles related to surfing, sailing and windsurfing included in this class; sporting articles related to surfing,
sailing and windsurfing included in this class, namely, surf fins, surf paddles, leashes used in conjunction with surfing, paddleboard fins, leading edges for kites, struts, valves, bridals,
canopies, sails, wing tips, pigtails, rubber loops for the purpose of attaching the control bar to a kitesurfing harness, lock tubes, quick releases, back line adjusters, depower lines, depower
straps, bars, swivels, safety leashes, airlock valves, grab handles, leader lines, spreader bar lock tube, extension lines, compsticks, footstrap screws, screws, life lines, track nuts, rear lines,
winding post covers, lower landing lines, trust bars, front lines, entity washers, click bars, washers, sliding ropes, powerbrackets, stoppers, sliders, security pins, repair kits, bungees, valve
caps, stopper balls, board handles, pully links, fin screws, clamp covers, covers for bars, safety rings, harness loops, floaters, repair kits, strap buckles, sliding stoppers, boardbags,
boardleashes, harnesses, spreader bars, hoof hooks, roof rack pads, roof rack straps, surf traction pads, slider bars, surf foils, kite knifes, wings, foils, masts, bolts, foil covers, fuselages,
foil masts, wing shims, top plates, tuttle adapters, deck pads, rails, railings, vent plugs, leash cups, tie-downs, fin boxes, fins, side bites, handles, bungee kits, mounting hardware for fins,
paddles, pumps, personal floatation devices for recreational use; swimming jackets; bags for surfboards; sail boards; surfboards |
FINAL DESCRIPTION |
Paddles for stand-up paddle boarding; boards for stand-up paddle boarding; kites; kites for kitesurfing; parts and fittings for
kitesurfing, wakeboarding and stand-up paddle boarding, namely, kite strings, kite reels, paddleboard fins, leading edges for kites, struts, valves, bridals, canopies, sails, wing tips, pigtails,
rubber loops for the purpose of attaching the control bar to a kitesurfing harness, lock tubes, quick releases, back line adjusters, depower lines, depower straps, bars, swivels, safety leashes,
airlock valves, grab handles, leader lines, spreader bar lock tube, extension lines, compsticks, footstrap screws, screws, life lines, track nuts, rear lines, winding post covers, lower landing
lines, trust bars, front lines, entity washers, click bars, washers, sliding ropes, powerbrackets, stoppers, sliders, security pins, repair kits, bungees, valve caps, stopper balls, board handles,
pully links, fin screws, clamp covers, covers for bars, safety rings, harness loops, floaters, strap buckles, sliding stoppers, boardbags, boardleashes, kite leashes, harnesses, spreader bars, hoof
hooks, roof rack pads, roof rack straps, surf traction pads, slider bars, surf foils, kite knifes, wings, foils, masts, bolts, foil covers, fuselages, foil masts, wing shims, top plates, tuttle
adapters, deck pads, rails, railings, vent plugs, leash cups, tie-downs, fin boxes, fins, side bites, handles, bungee kits, mounting hardware for fins, paddles, wake boots, towables for wakeboarding,
pumps; boards for kitesurfing; boards for wave boarding; gymnastic and sporting articles except clothing, namely, articles for watersports and snowsports namely waterskis, water towable tubes,
flyboards, skis, snowboards, personal floatation devices for recreational use; surfboards; wind surfers; longboards; skateboards; parts and fittings for the aforesaid goods, namely centreboards,
skegs being fins, masts, booms, hand grips, toe rails for boards and sailboats featuring low upright sides, clamping joints being connection clips and grip apparatus, pumps for inflatable stand-up
paddle boards, leash lines for boards, safety lines for boards; sporting articles related to surfing, sailing and windsurfing included in this class, namely, surf fins, surf paddles, leashes used in
conjunction with surfing, paddleboard fins, leading edges for kites, struts, valves, bridals, canopies, sails, wing tips, pigtails, rubber loops for the purpose of attaching the control bar to a
kitesurfing harness, lock tubes, quick releases, back line adjusters, depower lines, depower straps, bars, swivels, safety leashes, airlock valves, grab handles, leader lines, spreader bar lock tube,
extension lines, compsticks, footstrap screws, screws, life lines, track nuts, rear lines, winding post covers, lower landing lines, trust bars, front lines, entity washers, click bars, washers,
sliding ropes, powerbrackets, stoppers, sliders, security pins, repair kits, bungees, valve caps, stopper balls, board handles, pully links, fin screws, clamp covers, covers for bars, safety rings,
harness loops, floaters, repair kits, strap buckles, sliding stoppers, boardbags, boardleashes, harnesses, spreader bars, hoof hooks, roof rack pads, roof rack straps, surf traction pads, slider
bars, surf foils, kite knifes, wings, foils, masts, bolts, foil covers, fuselages, foil masts, wing shims, top plates, tuttle adapters, deck pads, rails, railings, vent plugs, leash cups, tie-downs,
fin boxes, fins, side bites, handles, bungee kits, mounting hardware for fins, paddles, pumps, personal floatation devices for recreational use; swimming jackets; bags for surfboards; sail boards;
surfboards |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(class added) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Rashguards; clothing for protection against the sun, low temperatures and moisture, namely shirts, pants, caps, gloves, hats, t-shirts,
jackets, sweatshirts, mittens, balaclavas, scarves, gaiters, underwear, socks, shorts, vests, hoodies, beanies, facemasks, layer pants, monosuits, thermal underwear, swimsuits, bandanas, skirts, surf
suits, suits, swim trunks, swim tights, polo shirts, bucket hats, fedoras, tunics, tops, dresses, beach cover-ups, skorts, wraps, parkas, booties, hoods, wetsuits, wetsuit ankle straps, impact vests;
Gymnastic and sporting articles namely clothing for sporting in the nature of tops and bottoms |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Michael M. Morris/ |
SIGNATORY'S NAME |
Michael M. Morris |
SIGNATORY'S POSITION |
Attorney for Applicant, Indiana State Bar Member |
SIGNATORY'S PHONE NUMBER |
317-634-3456 |
DATE SIGNED |
07/08/2019 |
RESPONSE SIGNATURE |
/Michael M. Morris/ |
SIGNATORY'S NAME |
Michael M. Morris |
SIGNATORY'S POSITION |
Attorney for Applicant, Indiana State Bar Member |
SIGNATORY'S PHONE NUMBER |
317-713-3456 |
DATE SIGNED |
07/08/2019 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jul 08 13:48:21 EDT 2019 |
TEAS STAMP |
USPTO/RFR-XXX.XX.XXX.X-20
190708134821046966-883120
67-6203a39af433ec191446d4
abebaa5bf741ecb4f3accb47c
f91d102994699a348-CC-5-20
190708105500341373 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88312067 M (Stylized and/or with Design, see http://uspto.report/TM/88312067/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 009 for Wakeboard helmet; sports helmets; rashguards; swim goggles; sun glasses; eyeglass frames; prescription spectacles; spectacles; eye glass cords; spectacle and sunglasses
cases; eyeglass cases and sunglass cases; spectacle lenses; optical goods; glasses for optical use or adapted to protect the eyes; optical glass; spectacle chains; clothing for protection against
accident or injury for water sports (in particular, diving suits, life jackets, safety jackets and clothing for protection against the sun, low temperatures and moisture); sports spectacles; safety
spectacles (protection); life jackets; spectacle cases
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: Wakeboard helmet;
sports helmets;
rashguards;
swim
goggles;
sun glasses;
eyeglass frames;
prescription spectacles;
spectacles;
eye glass cords;
spectacles and sunglasses cases;
spectacle and sunglasses cases;
eyeglass cases and sunglass cases;
spectacle lenses;
optical goods, namely, optical glasses, optical frames, optical
sunglasses;
optical goods;
glasses for optical use or adapted to protect the eyes;
optical
glasses;
optical glass;
spectacle chains;
clothing for protection against accident or injury
for water sports, namely, diving suits, life jackets, and safety jackets;
clothing for protection against accident or injury for water sports (in particular,
diving suits, life jackets, safety jackets and clothing for protection against the sun, low temperatures and moisture);
personal floatation devices for
protection and rescue purposes;
sports spectacles;
safety spectacles (protection);
safety
spectacles for protection;
life jackets;
spectacle casesClass 009 for Wakeboard helmet; sports helmets; swim goggles; sun glasses; eyeglass
frames; prescription spectacles; spectacles; eye glass cords; spectacles and sunglasses cases; eyeglass cases and sunglass cases; spectacle lenses; optical goods, namely, optical glasses, optical
frames, optical sunglasses; glasses for optical use or adapted to protect the eyes; optical glasses; spectacle chains; clothing for protection against accident or injury for water sports, namely,
diving suits, life jackets, and safety jackets; personal floatation devices for protection and rescue purposes; sports spectacles; safety spectacles for protection; life jackets; spectacle cases;
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Kayaks; canoes; ribs (boats); watercrafts
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: Kayaks;
canoes;
ribs (boats);
rigid-inflatable
boats;
watercrafts;
sail vehicles;
watercrafts, namely boats, paddle boats, water
scooters, personal jet boats, water scooters, stand up personal watercrafts in the nature of paddleboards, dinghies, catamarans, ketches, yawls, power boats, ski and wakeboard boats, jet boats,
pontoon boats, trimarans;
accessories for watercrafts, namely, canvas covers, planning hulls, fitted storage covers, traction mats, fitted seat covers for
vehicles, handlebar covers, non-motorized carts for transporting and storing recreational and sports equipment and sports balls on the beach, shopping carts, boarding steps for attachment to
vehicles, ride plates, handlebar grips for , personal jet boats and water scooters, sponsons, intake grates, boat fenders.Class 012 for Kayaks; canoes; rigid-inflatable boats; sail vehicles;
watercrafts, namely boats, paddle boats, water scooters, personal jet boats, water scooters, stand up personal watercrafts in the nature of paddleboards, dinghies, catamarans, ketches, yawls, power
boats, ski and wakeboard boats, jet boats, pontoon boats, trimarans; accessories for watercrafts, namely, canvas covers, planning hulls, fitted storage covers, traction mats, fitted seat covers for
vehicles, handlebar covers, non-motorized carts for transporting and storing recreational and sports equipment and sports balls on the beach, shopping carts, boarding steps for attachment to
vehicles, ride plates, handlebar grips for , personal jet boats and water scooters, sponsons, intake grates, boat fenders.
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 022 for Accessories for watercrafts; sail vehicles, sail boards, surfboards, namely, sails, ropes and cables; string, nets, tents, awnings
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: Accessories for watercrafts;
Sails, ropes and cables, not of metal;
sail vehicles, sail boards, surfboards, namely, sails, ropes and cables;
string, commercial nets, tents, awnings of textile;
string, nets, tents, awningsClass 022 for Sails, ropes and cables, not of metal; string, commercial nets, tents, awnings of textile
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Paddles for stand-up paddle boarding; boards for stand-up paddle boarding; kites; kites for kitesurfing; parts and fittings for kitesurfing, wakeboarding and stand-up
paddle boarding; boards for kitesurfing; boards for wave boarding; gymnastic and sporting articles (except clothing); surfboards; wind surfers; longboards; skateboards; parts and fittings for the
aforesaid goods, namely, centreboards, skegs (fins), masts, booms, hand grips, toe rails (low upright sides), clamping joints (connection clips) and grip apparatus, pumps for inflatable stand-up
paddle boards, leash lines for boards, safety lines for boards; sporting articles related to surfing, sailing and windsurfing included in this class; swimming jackets; bags for surfboards
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: Paddles for stand-up paddle boarding;
boards for stand-up paddle boarding;
kites;
kites for kitesurfing;
parts and fittings for kitesurfing, wakeboarding and stand-up paddle boarding;
parts and fittings for kitesurfing, wakeboarding and stand-up paddle boarding, namely, kite strings, kite reels, paddleboard fins, leading edges for kites, struts, valves, bridals, canopies,
sails, wing tips, pigtails, rubber loops for the purpose of attaching the control bar to a kitesurfing harness, lock tubes, quick releases, back line adjusters, depower lines, depower straps, bars,
swivels, safety leashes, airlock valves, grab handles, leader lines, spreader bar lock tube, extension lines, compsticks, footstrap screws, screws, life lines, track nuts, rear lines, winding post
covers, lower landing lines, trust bars, front lines, entity washers, click bars, washers, sliding ropes, powerbrackets, stoppers, sliders, security pins, repair kits, bungees, valve caps, stopper
balls, board handles, pully links, fin screws, clamp covers, covers for bars, safety rings, harness loops, floaters, strap buckles, sliding stoppers, boardbags, boardleashes, kite leashes, harnesses,
spreader bars, hoof hooks, roof rack pads, roof rack straps, surf traction pads, slider bars, surf foils, kite knifes, wings, foils, masts, bolts, foil covers, fuselages, foil masts, wing shims, top
plates, tuttle adapters, deck pads, rails, railings, vent plugs, leash cups, tie-downs, fin boxes, fins, side bites, handles, bungee kits, mounting hardware for fins, paddles, wake boots, towables
for wakeboarding, pumps;
boards for kitesurfing;
boards for wave boarding;
gymnastic and sporting
articles (except clothing);
gymnastic and sporting articles except clothing, namely, articles for watersports and snowsports namely waterskis, water towable
tubes, flyboards, skis, snowboards, personal floatation devices for recreational use;
surfboards;
wind surfers;
longboards;
skateboards;
parts and fittings for the aforesaid goods, namely, centreboards, skegs (fins), masts, booms,
hand grips, toe rails (low upright sides), clamping joints (connection clips) and grip apparatus, pumps for inflatable stand-up paddle boards, leash lines for boards, safety lines for boards;
parts and fittings for the aforesaid goods, namely centreboards, skegs being fins, masts, booms, hand grips, toe rails for boards and sailboats featuring low upright
sides, clamping joints being connection clips and grip apparatus, pumps for inflatable stand-up paddle boards, leash lines for boards, safety lines for boards;
sporting articles related to surfing, sailing and windsurfing included in this class;
sporting articles related to surfing, sailing and windsurfing
included in this class, namely, surf fins, surf paddles, leashes used in conjunction with surfing, paddleboard fins, leading edges for kites, struts, valves, bridals, canopies, sails, wing tips,
pigtails, rubber loops for the purpose of attaching the control bar to a kitesurfing harness, lock tubes, quick releases, back line adjusters, depower lines, depower straps, bars, swivels, safety
leashes, airlock valves, grab handles, leader lines, spreader bar lock tube, extension lines, compsticks, footstrap screws, screws, life lines, track nuts, rear lines, winding post covers, lower
landing lines, trust bars, front lines, entity washers, click bars, washers, sliding ropes, powerbrackets, stoppers, sliders, security pins, repair kits, bungees, valve caps, stopper balls, board
handles, pully links, fin screws, clamp covers, covers for bars, safety rings, harness loops, floaters, repair kits, strap buckles, sliding stoppers, boardbags, boardleashes, harnesses, spreader
bars, hoof hooks, roof rack pads, roof rack straps, surf traction pads, slider bars, surf foils, kite knifes, wings, foils, masts, bolts, foil covers, fuselages, foil masts, wing shims, top plates,
tuttle adapters, deck pads, rails, railings, vent plugs, leash cups, tie-downs, fin boxes, fins, side bites, handles, bungee kits, mounting hardware for fins, paddles, pumps, personal floatation
devices for recreational use;
swimming jackets;
bags for surfboards;
sail boards;
surfboardsClass 028 for Paddles for stand-up paddle boarding; boards for stand-up paddle boarding; kites; kites for kitesurfing; parts and fittings for kitesurfing,
wakeboarding and stand-up paddle boarding, namely, kite strings, kite reels, paddleboard fins, leading edges for kites, struts, valves, bridals, canopies, sails, wing tips, pigtails, rubber loops for
the purpose of attaching the control bar to a kitesurfing harness, lock tubes, quick releases, back line adjusters, depower lines, depower straps, bars, swivels, safety leashes, airlock valves, grab
handles, leader lines, spreader bar lock tube, extension lines, compsticks, footstrap screws, screws, life lines, track nuts, rear lines, winding post covers, lower landing lines, trust bars, front
lines, entity washers, click bars, washers, sliding ropes, powerbrackets, stoppers, sliders, security pins, repair kits, bungees, valve caps, stopper balls, board handles, pully links, fin screws,
clamp covers, covers for bars, safety rings, harness loops, floaters, strap buckles, sliding stoppers, boardbags, boardleashes, kite leashes, harnesses, spreader bars, hoof hooks, roof rack pads,
roof rack straps, surf traction pads, slider bars, surf foils, kite knifes, wings, foils, masts, bolts, foil covers, fuselages, foil masts, wing shims, top plates, tuttle adapters, deck pads, rails,
railings, vent plugs, leash cups, tie-downs, fin boxes, fins, side bites, handles, bungee kits, mounting hardware for fins, paddles, wake boots, towables for wakeboarding, pumps; boards for
kitesurfing; boards for wave boarding; gymnastic and sporting articles except clothing, namely, articles for watersports and snowsports namely waterskis, water towable tubes, flyboards, skis,
snowboards, personal floatation devices for recreational use; surfboards; wind surfers; longboards; skateboards; parts and fittings for the aforesaid goods, namely centreboards, skegs being fins,
masts, booms, hand grips, toe rails for boards and sailboats featuring low upright sides, clamping joints being connection clips and grip apparatus, pumps for inflatable stand-up paddle boards, leash
lines for boards, safety lines for boards; sporting articles related to surfing, sailing and windsurfing included in this class, namely, surf fins, surf paddles, leashes used in conjunction with
surfing, paddleboard fins, leading edges for kites, struts, valves, bridals, canopies, sails, wing tips, pigtails, rubber loops for the purpose of attaching the control bar to a kitesurfing harness,
lock tubes, quick releases, back line adjusters, depower lines, depower straps, bars, swivels, safety leashes, airlock valves, grab handles, leader lines, spreader bar lock tube, extension lines,
compsticks, footstrap screws, screws, life lines, track nuts, rear lines, winding post covers, lower landing lines, trust bars, front lines, entity washers, click bars, washers, sliding ropes,
powerbrackets, stoppers, sliders, security pins, repair kits, bungees, valve caps, stopper balls, board handles, pully links, fin screws, clamp covers, covers for bars, safety rings, harness loops,
floaters, repair kits, strap buckles, sliding stoppers, boardbags, boardleashes, harnesses, spreader bars, hoof hooks, roof rack pads, roof rack straps, surf traction pads, slider bars, surf foils,
kite knifes, wings, foils, masts, bolts, foil covers, fuselages, foil masts, wing shims, top plates, tuttle adapters, deck pads, rails, railings, vent plugs, leash cups, tie-downs, fin boxes, fins,
side bites, handles, bungee kits, mounting hardware for fins, paddles, pumps, personal floatation devices for recreational use; swimming jackets; bags for surfboards; sail boards; surfboards
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 025 for Rashguards; clothing for protection against the sun, low temperatures and moisture, namely shirts, pants, caps, gloves, hats, t-shirts, jackets, sweatshirts, mittens,
balaclavas, scarves, gaiters, underwear, socks, shorts, vests, hoodies, beanies, facemasks, layer pants, monosuits, thermal underwear, swimsuits, bandanas, skirts, surf suits, suits, swim trunks,
swim tights, polo shirts, bucket hats, fedoras, tunics, tops, dresses, beach cover-ups, skorts, wraps, parkas, booties, hoods, wetsuits, wetsuit ankle straps, impact vests; Gymnastic and sporting
articles namely clothing for sporting in the nature of tops and bottoms
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.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
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: /Michael M. Morris/ Date: 07/08/2019
Signatory's Name: Michael M. Morris
Signatory's Position: Attorney for Applicant, Indiana State Bar Member
Signatory's Phone Number: 317-634-3456
Request for Reconsideration Signature
Signature: /Michael M. Morris/ Date: 07/08/2019
Signatory's Name: Michael M. Morris
Signatory's Position: Attorney for Applicant, Indiana State Bar Member
Signatory's Phone Number: 317-713-3456
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
RAM Sale Number: 88312067
RAM Accounting Date: 07/09/2019
Serial Number: 88312067
Internet Transmission Date: Mon Jul 08 13:48:21 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.X-20190708134821046
966-88312067-6203a39af433ec191446d4abeba
a5bf741ecb4f3accb47cf91d102994699a348-CC
-5-20190708105500341373