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. 88319927 APG (Stylized and/or with Design, see http://uspto.report/TM/88319927/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 018 for All-purpose sporting bags, backpacks, day packs, knapsacks, rucksacks, book bags, tote bags, handbags, duffel bags, knap sacks and duffel bags, messenger bags, hip and lumbar packs, backpack hip belts, shoulder bags, waist packs, fanny packs, satchels, mountaineering bags, Boston bags, internal frame backpacks and external frame backpacks, backpack with water bottle pockets, fitted protective rain covers used to cover the aforesaid; hydration packs, namely, backpacks compatible with personal hydration systems consisting of a backpack, a reservoir, and a mouthpiece connected to the reservoir by a tube, sold empty; backpack shoulder harness straps; parts and fittings for all the aforesaid goods, namely, straps and protective fitted liners; alpenstocks, umbrellas
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: All-purpose sporting bags, backpacks, day packs, knapsacks, rucksacks, book bags, tote bags, handbags, duffel bags, knap sacks and duffel bags, messenger bags, hip and lumbar packs, backpack hip belts, shoulder bags, waist packs, fanny packs, satchels, mountaineering bags, Boston bags, internal frame backpacks and external frame backpacks, backpack with water bottle pockets, fitted protective rain covers used to cover the aforesaid; All-purpose sporting bags, backpacks, day packs, knapsacks, rucksacks, book bags, tote bags, handbags, knap sacks and duffel bags, messenger bags, hip and lumbar packs, backpack hip belts, shoulder bags, waist packs, fanny packs, satchels, mountaineering bags in the nature of rucksacks for mountaineers; Boston bags, internal frame backpacks and external frame backpacks, backpack with water bottle pockets, fitted protective rain covers used to cover the aforesaid; hydration packs, namely, backpacks compatible with personal hydration systems consisting of a backpack, a reservoir, and a mouthpiece connected to the reservoir by a tube, sold empty; backpack shoulder harness straps; parts and fittings for all the aforesaid goods, namely, straps and protective fitted liners; alpenstocks, umbrellasClass 018 for All-purpose sporting bags, backpacks, day packs, knapsacks, rucksacks, book bags, tote bags, handbags, knap sacks and duffel bags, messenger bags, hip and lumbar packs, backpack hip belts, shoulder bags, waist packs, fanny packs, satchels, mountaineering bags in the nature of rucksacks for mountaineers; Boston bags, internal frame backpacks and external frame backpacks, backpack with water bottle pockets, fitted protective rain covers used to cover the aforesaid; hydration packs, namely, backpacks compatible with personal hydration systems consisting of a backpack, a reservoir, and a mouthpiece connected to the reservoir by a tube, sold empty; backpack shoulder harness straps; parts and fittings for all the aforesaid goods, namely, straps and protective fitted liners; alpenstocks, umbrellas
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 025 for Clothing, namely, men's, women's, and children's T-shirts, shirts, tops, sweatshirts, sweatpants, pants, side zip pants, shorts, trousers, jeans, vests, parkas, anoraks, coats, jackets, wind-resistant jackets, jackets with hoods, pullovers, sweaters, coveralls, underwear, thermal underwear, boxer briefs, sleepwear, loungewear, hosiery, socks, tights, gloves, mittens; outerwear, namely, shell jackets, one-piece shell suits, ski wear, ski suits, ski vests, ski jackets, ski bibs, bib overalls, bib pants, snowboard wear, namely, trousers, jackets, gloves, boots; snow pants, snow suits, rain wear, rain jackets, rain pants, gaiters, neck gaiters, leg gaiters and ankle gaiters; skirts, skorts, dresses, swimsuits, swim trunks; footwear, namely, athletic shoes, sneakers, trail running shoes, climbing shoes, hiking shoes, slippers, climbing slippers, boots, trekking boots, hiking boots, snowshoes, sandals; headwear, namely, caps, hats, headbands, bandanas, scarves, earbands, earmuffs, balaclavas, visors, beanies; belts
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: Clothing, namely, men's, women's, and children's T-shirts, shirts, tops, sweatshirts, sweatpants, pants, side zip pants, shorts, trousers, jeans, vests, parkas, anoraks, coats, jackets, wind-resistant jackets, jackets with hoods, pullovers, sweaters, coveralls, underwear, thermal underwear, boxer briefs, sleepwear, loungewear, hosiery, socks, tights, gloves, mittens; outerwear, namely, shell jackets, one-piece shell suits, ski wear, ski suits, ski vests, ski jackets, ski bibs, bib overalls, bib pants, snowboard wear, namely, trousers, jackets, gloves, boots; snow pants, snow suits, rain wear, rain jackets, rain pants, gaiters, neck gaiters, leg gaiters and ankle gaiters; skirts, skorts, dresses, swimsuits, swim trunks; footwear, namely, athletic shoes, sneakers, trail running shoes, climbing shoes, hiking shoes, slippers, climbing slippers, boots, trekking boots, hiking boots, snowshoes, sandals; footwear, namely, athletic shoes, sneakers, trail running shoes, climbing shoes, hiking shoes, slippers, climbing slippers, boots, trekking boots, hiking boots, sandals; headwear, namely, caps, hats, headbands, bandanas, scarves, earbands, earmuffs, balaclavas, visors, beanies; beltsClass 025 for Clothing, namely, men's, women's, and children's T-shirts, shirts, tops, sweatshirts, sweatpants, pants, side zip pants, shorts, trousers, jeans, vests, parkas, anoraks, coats, jackets, wind-resistant jackets, jackets with hoods, pullovers, sweaters, coveralls, underwear, thermal underwear, boxer briefs, sleepwear, loungewear, hosiery, socks, tights, gloves, mittens; outerwear, namely, shell jackets, one-piece shell suits, ski wear, ski suits, ski vests, ski jackets, ski bibs, bib overalls, bib pants, snowboard wear, namely, trousers, jackets, gloves, boots; snow pants, snow suits, rain wear, rain jackets, rain pants, gaiters, neck gaiters, leg gaiters and ankle gaiters; skirts, skorts, dresses, swimsuits, swim trunks; footwear, namely, athletic shoes, sneakers, trail running shoes, climbing shoes, hiking shoes, slippers, climbing slippers, boots, trekking boots, hiking boots, sandals; headwear, namely, caps, hats, headbands, bandanas, scarves, earbands, earmuffs, balaclavas, visors, beanies; belts
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: Jason R. Fulmer. Jason R. Fulmer of FOLEY & LARDNER LLP, is located at

      2021 MCKINNEY AVE., SUITE 1600
      DALLAS, Texas 75201
      US
The docket/reference number is 646678-3005.

The phone number is 214-999-4487.

The fax number is 2149993623.

The email address is ipdocketing@foley.com

The applicants proposed attorney information: Jason R. Fulmer. Other appointed attorneys are Practitioners associated with Customer No. 32914 and Lisa Hemphill. Jason R. Fulmer of FOLEY & LARDNER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2021 MCKINNEY AVE., SUITE 1600
      DALLAS, Texas 75201
      United States
The docket/reference number is 646678-3005.

The phone number is 214-999-4487.

The fax number is 2149993623.

The email address is ipdocketing@foley.com

Jason R. Fulmer 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: JASON R. FULMER. JASON R. FULMER of FOLEY & LARDNER LLP, is located at

      2021 MCKINNEY AVE., SUITE 1600
      DALLAS, Texas 75201
      US
The docket/reference number is 646678-3005.

The phone number is 214-999-4487.

The fax number is 2149993623.

The email address is ipdocketing@foley.com; jfulmer@foley.com

The applicants proposed correspondence information: Jason R. Fulmer. Jason R. Fulmer of FOLEY & LARDNER LLP, is located at

      2021 MCKINNEY AVE., SUITE 1600
      DALLAS, Texas 75201
      United States
The docket/reference number is 646678-3005.

The phone number is 214-999-4487.

The fax number is 2149993623.

The email address is ipdocketing@foley.com; jfulmer@foley.com

SIGNATURE(S)
Response Signature
Signature: /Jason R. Fulmer/     Date: 10/20/2019
Signatory's Name: Jason R. Fulmer
Signatory's Position: Attorney of record

Signatory's Phone Number: 2149994487

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:    JASON R. FULMER
   FOLEY & LARDNER LLP
   
   2021 MCKINNEY AVE., SUITE 1600
   DALLAS, Texas 75201
Mailing Address:    Jason R. Fulmer
   FOLEY & LARDNER LLP
   2021 MCKINNEY AVE., SUITE 1600
   DALLAS, Texas 75201
        
Serial Number: 88319927
Internet Transmission Date: Sun Oct 20 16:07:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191020160705892
541-88319927-610b63fa36d77e42fc4ab0d74d5
0533735dc337786c0b7c2fdae2e8d88cfb6aa-N/
A-N/A-20191020160308390359