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. 88343218 KIMPEX(Standard Characters, see http://uspto.report/TM/88343218/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 006 for Metal coupler balls; metal bolts; metal chains for general use; metal hinges; metal tire studs; metal keel rollers; stainless steel "D" shackles; metal links and pins; metal hooks; metal nuts; metal ferrules; metal contact pins; metal light brackets; metal gaskets; headlight brackets, license plate brackets, spare tire supports, and metal cleats
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Metal coupler balls; Metal bolts; Metal chains for general use; Metal hinges; Metal tire studs; Metal keel rollers; Stainless steel "D" shackles; Metal hardware, namely, links and pins; metal links and pins; Metal hooks; Metal nuts; Metal ferrules; Metal hardware, namely, contact pins; metal contact pins; Metal hardware, namely, light brackets; metal light brackets; Metal dock cleats, Metal bollards; metal gaskets; headlight brackets, license plate brackets, spare tire supports, and metal cleatsClass 006 for Metal bolts; Metal chains for general use; Metal hinges; Metal tire studs; Metal keel rollers; Stainless steel "D" shackles; Metal hardware, namely, links and pins; Metal hooks; Metal nuts; Metal ferrules; Metal hardware, namely, contact pins; Metal hardware, namely, light brackets; Metal dock cleats, Metal bollards
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Ignition coils; muffler clamps, spark plug ignition wires, spark plug covers, carburetors, starters; air filters, gas filters, oil injection filters, plows, camshaft plugs; gas pumps, bilge pumps, gas line valves, fan belts, drive belts, recoil starters, pistons, electric winches; and automotive mufflers
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Ignition coils; Ignition coils for automotive engines; muffler clamps, spark plug ignition wires, spark plug covers, carburetors, starters; Engine muffler clamps, spark plug ignition wires, spark plug covers, carburetors, starters for engines; air filters, gas filters, oil injection filters, plows, camshaft plugs; Air filters, gas filters, and oil injection filters for engines; gas pumps, bilge pumps, gas line valves, fan belts, drive belts, recoil starters, pistons, electric winches; Plows; and automotive mufflers; Camshaft plugs for engines; Gas pumps for engines; Bilge pumps; Engine parts, namely, gas line valves, fan belts, drive belts for machines, recoil starters, and pistons; Electric winches; Automotive engine mufflers; Electrical spark plug caps; Snow blowers; Metal engine gaskets for vehicles; Engine gaskets for vehicles; Mufflers; Jacks; Launch and load walk rampsClass 007 for Ignition coils for automotive engines; Engine muffler clamps, spark plug ignition wires, spark plug covers, carburetors, starters for engines; Air filters, gas filters, and oil injection filters for engines; Plows; Camshaft plugs for engines; Gas pumps for engines; Bilge pumps; Engine parts, namely, gas line valves, fan belts, drive belts for machines, recoil starters, and pistons; Electric winches; Automotive engine mufflers; Electrical spark plug caps; Snow blowers; Metal engine gaskets for vehicles; Engine gaskets for vehicles; Mufflers; Jacks; Launch and load walk ramps
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for life jackets; eye glasses; batteries; electronic speed controllers; switches; battery switches; fuses; calibration guides for measuring, namely, spark plug gap measuring tools, electrical current tools and internal combustion engine compression measuring tools; speedometers; kill switches; vehicle flasher control units; capacitative discharge ignition boxes; electrical spark plug caps; two-way radios; motorcycle helmets; and face shields and recreational vehicle helmets
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Life jackets; Eye glasses; Batteries; Electronic speed controllers; switches; Electric switches; battery switches; Electric battery switches; Fuses; Calibration guides for measuring, namely, spark plug gap measuring tools, electrical current tools and internal combustion engine compression measuring tools; Speedometers; kill switches; Electric kill switches; vehicle flasher control units; Vehicle flasher lighting control units; Capacitative discharge ignition boxes; electrical spark plug caps; Two-way radios; Motorcycle helmets; Face shields for protective helmets and recreational vehicle helmets; and face shields and recreational vehicle helmets; Spark plugs; Remote control cables; Electronic speed controllers; Protective face masks for use in snowmobile racingClass 009 for Life jackets; Eye glasses; Batteries; Electronic speed controllers; Electric switches; Electric battery switches; Fuses; Calibration guides for measuring, namely, spark plug gap measuring tools, electrical current tools and internal combustion engine compression measuring tools; Speedometers; Electric kill switches; Vehicle flasher lighting control units; Capacitative discharge ignition boxes; Two-way radios; Motorcycle helmets; Face shields for protective helmets and recreational vehicle helmets; Spark plugs; Remote control cables; Electronic speed controllers; Protective face masks for use in snowmobile racing
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for light bulbs; headlight lenses and replacement lenses; automotive rear lights, brake lights and decorative lights; dome lights; and trailer lights
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Light bulbs; Headlight lenses and replacement lenses; Automotive rear lights, brake lights and decorative lights; dome lights; Automotive dome lights and trailer lights; and trailer lightsClass 011 for Light bulbs; Headlight lenses and replacement lenses; Automotive rear lights, brake lights and decorative lights; Automotive dome lights and trailer lights
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or 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 All-terrain vehicle and snowblowers; parts and accessories for snowmobiles, motorcycles and All-Terrain Vehicles (ATV), namely, fenders, chain adjusters, footrests, fork braces, trailer hitches, cargo tie downs, battery holder straps, handlebar risers, nylon cargo tie-downs, sleigh hitches, oars, ski bars, namely, metal bars placed underneath skis to protect them from rough ground surfaces and to give better control on the ice, batteries, kick stands, bollards, drain plugs, fuel tank caps, spark plugs, nylon cabins, cables, remote control cables, tire chains, speed controllers, throttle grips, switches, battery switches, fuel lines, gas tank connectors, bungees, seat cushions, chromed covers for motors, footrest covers, seat covers, driver backrests, wheel spacers, shifter lever extensions, luggage rack extensions, cargo nets, brakes, mud flaps, chain guards, handlebars, fitted and semi-fitted vehicle covers; motor oils, tire rims, trailer rims, gaskets, horns, chromed levers, shifter levers, clutch and brake levers, shifter lever extensions, electrical fuel line terminals for use in making connections, rear lights, brake lights, decorative lights, mirrors, chromed mirrors, hubs, windshields, bumpers, floor boards, sprockets, skid plates, motor mounts, thumb warmers, namely, small heater on hand accelerator, fender protectors, sparkplug covers, glass covers for speedometer and tachometer dials; chain guards comprising a steel belt inside the motor to protect users against touching; fork gaiters, radiator guards, exhaust shields, hand guards, foot guards, trailers, footrests, gas tanks, rewind starter spring, clutch springs, flat proof or bead sealers, seats for snowmobiles, motorcycles and all-terrain vehicles; mufflers, snowmobile skis, cable supports, caliper stabilizers, belt racks, vehicle mounted gas tank carriers, electric winch brackets, deck cleats, chain adjusters, chrome light visors backrests, suspension cross shafts, namely, axles on which wheels are fixed or turn; accelerator cables, brake cables, choke control cables, snowmobile and ATV tracks, rear ATV trunks, deflectors, shock absorber kits, axles, slides, wear bars, ploughs, brake pads, luggage racks, canoe carriers, foot protectors, oars, recoil springs, suspension springs, idler wheels, parts and accessories for trailers, namely, jacks, rims, tires, cushion protectors, transom savers, tie downs, surfboard carriers, manual winches, and launch and load walk ramps
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: All-terrain vehicle and snowblowers; All-terrain vehicles; parts and accessories for snowmobiles, motorcycles and All-Terrain Vehicles (ATV), namely, fenders, chain adjusters, footrests, fork braces, trailer hitches, cargo tie downs, battery holder straps, handlebar risers, nylon cargo tie-downs, sleigh hitches, oars, ski bars, namely, metal bars placed underneath skis to protect them from rough ground surfaces and to give better control on the ice, batteries, kick stands, bollards, drain plugs, fuel tank caps, spark plugs, nylon cabins, cables, remote control cables, tire chains, speed controllers, throttle grips, switches, battery switches, fuel lines, gas tank connectors, bungees, seat cushions, chromed covers for motors, footrest covers, seat covers, driver backrests, wheel spacers, shifter lever extensions, luggage rack extensions, cargo nets, brakes, mud flaps, chain guards, handlebars, fitted and semi-fitted vehicle covers; Parts and accessories specially adapted for snowmobiles, motorcycles and All-Terrain Vehicles (ATV), namely, fenders, chain adjusters, footrests, fork braces, trailer hitches, cargo tie downs, battery holder straps, handlebar risers, nylon cargo tie-downs, sleigh hitches, oars, ski bars, namely, metal bars placed underneath skis to protect them from rough ground surfaces and to give better control on the ice, kick stands, drain plugs, fuel tank caps, nylon cabins, vehicle brake and clutch cables, tire chains, throttle grips, fuel lines, gas tank connectors, bungees, seat cushions, chromed covers for motors, footrest covers, seat covers, driver backrests, wheel spacers, shifter lever extensions, luggage rack extensions, cargo nets, brakes, mud flaps, chain guards, handlebars, fitted and semi-fitted vehicle covers; motor oils, tire rims, trailer rims, gaskets, horns, chromed levers, shifter levers, clutch and brake levers, shifter lever extensions, electrical fuel line terminals for use in making connections, rear lights, brake lights, decorative lights, mirrors, chromed mirrors, hubs, windshields, bumpers, floor boards, sprockets, skid plates, motor mounts, thumb warmers, namely, small heater on hand accelerator, fender protectors, sparkplug covers, glass covers for speedometer and tachometer dials; Vehicle parts, namely, tire rims, trailer rims, horns, chromed levers, shifter levers, clutch and brake levers, shifter lever extensions, electrical fuel line terminals for use in making connections, mirrors, chromed mirrors, hubs, windshields, bumpers, floor boards, sprockets, skid plates, motor mounts, thumb warmers, namely, small heater on hand accelerator, fender protectors, glass covers for speedometer and tachometer dials; chain guards comprising a steel belt inside the motor to protect users against touching; Vehicle parts, namely, chain guards comprising a steel belt inside the motor to protect users against touching; fork gaiters, radiator guards, exhaust shields, hand guards, foot guards, trailers, footrests, gas tanks, rewind starter spring, clutch springs, flat proof or bead sealers, seats for snowmobiles, motorcycles and all-terrain vehicles; Vehicle parts, namely, fork gaiters, radiator guards, exhaust shields, hand guards, foot guards, trailers, footrests, gas tanks, rewind starter spring, clutch springs, sealer coatings for use with bead, seats for snowmobiles, motorcycles and all-terrain vehicles; mufflers, snowmobile skis, cable supports, caliper stabilizers, belt racks, vehicle mounted gas tank carriers, electric winch brackets, deck cleats, chain adjusters, chrome light visors backrests, suspension cross shafts, namely, axles on which wheels are fixed or turn; Snowmobile parts, namely, skis; accelerator cables, brake cables, choke control cables, snowmobile and ATV tracks, rear ATV trunks, deflectors, shock absorber kits, axles, slides, wear bars, ploughs, brake pads, luggage racks, canoe carriers, foot protectors, oars, recoil springs, suspension springs, idler wheels, parts and accessories for trailers, namely, jacks, rims, tires, cushion protectors, transom savers, tie downs, surfboard carriers, manual winches, and launch and load walk ramps; Vehicle parts, namely, cable supports, caliper stabilizers, belt racks, vehicle mounted gas tank carriers, electric winch brackets, deck cleats, chain adjusters, chrome light visors backrests, suspension cross shafts, namely, axles on which wheels are fixed or turn; Vehicle parts, namely, accelerator cables, brake cables, choke control cables, snowmobile and ATV tracks, rear ATV trunks, deflectors, shock absorber kits, axles, slides, wear bars, ploughs, brake pads, luggage racks, canoe carriers, foot protectors, oars, recoil springs, suspension springs, idler wheels; Parts and accessories for trailers, namely, rims, tires, cushion protectors, tie downs, surfboard carriers; Metal trailer hitch ball couplers; Metal vehicle tire studs; Vehicle headlight brackets, license plate brackets, and spare tire supports; Land vehicle parts, namely, drive beltsClass 012 for All-terrain vehicles; Parts and accessories specially adapted for snowmobiles, motorcycles and All-Terrain Vehicles (ATV), namely, fenders, chain adjusters, footrests, fork braces, trailer hitches, cargo tie downs, battery holder straps, handlebar risers, nylon cargo tie-downs, sleigh hitches, oars, ski bars, namely, metal bars placed underneath skis to protect them from rough ground surfaces and to give better control on the ice, kick stands, drain plugs, fuel tank caps, nylon cabins, vehicle brake and clutch cables, tire chains, throttle grips, fuel lines, gas tank connectors, bungees, seat cushions, chromed covers for motors, footrest covers, seat covers, driver backrests, wheel spacers, shifter lever extensions, luggage rack extensions, cargo nets, brakes, mud flaps, chain guards, handlebars, fitted and semi-fitted vehicle covers; Vehicle parts, namely, tire rims, trailer rims, horns, chromed levers, shifter levers, clutch and brake levers, shifter lever extensions, electrical fuel line terminals for use in making connections, mirrors, chromed mirrors, hubs, windshields, bumpers, floor boards, sprockets, skid plates, motor mounts, thumb warmers, namely, small heater on hand accelerator, fender protectors, glass covers for speedometer and tachometer dials; Vehicle parts, namely, chain guards comprising a steel belt inside the motor to protect users against touching; Vehicle parts, namely, fork gaiters, radiator guards, exhaust shields, hand guards, foot guards, trailers, footrests, gas tanks, rewind starter spring, clutch springs, sealer coatings for use with bead, seats for snowmobiles, motorcycles and all-terrain vehicles; Snowmobile parts, namely, skis; Vehicle parts, namely, cable supports, caliper stabilizers, belt racks, vehicle mounted gas tank carriers, electric winch brackets, deck cleats, chain adjusters, chrome light visors backrests, suspension cross shafts, namely, axles on which wheels are fixed or turn; Vehicle parts, namely, accelerator cables, brake cables, choke control cables, snowmobile and ATV tracks, rear ATV trunks, deflectors, shock absorber kits, axles, slides, wear bars, ploughs, brake pads, luggage racks, canoe carriers, foot protectors, oars, recoil springs, suspension springs, idler wheels; Parts and accessories for trailers, namely, rims, tires, cushion protectors, tie downs, surfboard carriers; Metal trailer hitch ball couplers; Metal vehicle tire studs; Vehicle headlight brackets, license plate brackets, and spare tire supports; Land vehicle parts, namely, drive belts
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or 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 Plastic cargo nets; unfitted vehicle covers; unfitted cushion protectors
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Plastic cargo nets; Unfitted vehicle covers; unfitted cushion protectors; Unfitted tarps for cushions; Nylon towing straps for moving or towing snowmobilesClass 022 for Plastic cargo nets; Unfitted vehicle covers; Unfitted tarps for cushions; Nylon towing straps for moving or towing snowmobiles
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or 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 and accessories, namely, boots, gloves, off-road gloves, handle mitts, masks, mittens, pants, balaclavas and undergarments
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Clothing and accessories, namely, boots, gloves, off-road gloves, handle mitts, masks, mittens, pants, balaclavas and undergarments; Clothing and accessories, namely, boots, gloves, off-road gloves, handle mitts, namely, handlebar mittens, masks, namely, knit face masks, mittens, pants and balaclavasClass 025 for Clothing and accessories, namely, boots, gloves, off-road gloves, handle mitts, namely, handlebar mittens, masks, namely, knit face masks, mittens, pants and balaclavas
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or 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 Folding sleds, tow straps for moving or towing snowmobiles, ski skins and plastic skis, face masks for use in snowmobile racing
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Folding sleds, tow straps for moving or towing snowmobiles, ski skins and plastic skis, face masks for use in snowmobile racing; Folding sleds; Ski skins; Plastic skisClass 028 for Folding sleds; Ski skins; Plastic skis
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 004 for Motor oils
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 008 for Manual winches
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA415,775 registered 08/20/1993 with a renewal date of 08/20/2008 and an expiration date of 08/20/2023 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: James R Menker. James R Menker of HOLLEY & MENKER, PA, is located at

      PO BOX 331937
      ATLANTIC BEACH, Florida 32233
      US
The docket/reference number is 3032.0011.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

The applicants proposed attorney information: James R Menker. Other appointed attorneys are Gabrielle A. Holley; Ryan S. Hilbert; and Amy C. Menker. James R Menker of Holley & Menker, PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
The docket/reference number is 3032.0011.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

James R Menker 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: JAMES R MENKER. JAMES R MENKER of HOLLEY & MENKER, PA, is located at

      PO BOX 331937
      ATLANTIC BEACH, Florida 32233
      US
The docket/reference number is 3032.0011.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

The applicants proposed correspondence information: James R Menker. James R Menker of Holley & Menker, PA, is located at

      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
The docket/reference number is 3032.0011.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /jmenker/     Date: 10/01/2019
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 9042472620

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:    JAMES R MENKER
   HOLLEY & MENKER, PA
   
   PO BOX 331937
   ATLANTIC BEACH, Florida 32233
Mailing Address:    James R Menker
   Holley & Menker, PA
   PO Box 331937
   Atlantic Beach, Florida 32233
        
RAM Sale Number: 88343218
RAM Accounting Date: 10/01/2019
        
Serial Number: 88343218
Internet Transmission Date: Tue Oct 01 11:31:52 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20191001113152576
461-88343218-610a792d1fe4da642a1079fc3ef
1da5fd6811234b86a30c282260f3dc46cf43f7-C
C-31512161-20191001112039324802