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) |
Input Field |
Entered |
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SERIAL NUMBER | 88347226 | ||
LAW OFFICE ASSIGNED | LAW OFFICE 123 | ||
MARK SECTION | |||
MARK FILE NAME | http://uspto.report/TM/88347226/mark.png | ||
LITERAL ELEMENT | LSP | ||
STANDARD CHARACTERS | NO | ||
USPTO-GENERATED IMAGE | NO | ||
COLOR(S) CLAIMED (If applicable) |
The color(s) yellow is/are claimed as a feature of the mark. | ||
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the Capital letters LSP, half circumscribed by a broken semicircular line curving upwardly and downwardly from the right extent of the letter P to the left and terminating in ends spaced above and below the letter L. | ||
ARGUMENT(S) | |||
The applicant responds to the Office action dated May 31, 2019, as follows:
SPECIMEN A verified "substitute" specimen is hereby submitted that shows the entire mark in the drawing in actual use in commerce for the services in the application, and was in actual use in commerce at least as early as the filing date of the application.
COLOR CLAIM AND MARK DESCRIPTION The color claim and mark description suggested by the Attorney is accurate and is accepted. CONCLUSION It is respectfully submitted that the issues raised by the Attorney have been fully addressed, and the application should be accepted and published for opposition purposes. |
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GOODS AND/OR SERVICES SECTION (current) | |||
INTERNATIONAL CLASS | 035 | ||
DESCRIPTION | |||
Distributorship of lamps, lamp bases, votive candles, votive candle holders and bases, candle globes, candle cups, liquid wax, wax candles, chafing fuel, butane fuel and butane stoves | |||
FILING BASIS | Section 1(a) | ||
FIRST USE ANYWHERE DATE | At least as early as 12/21/2017 | ||
FIRST USE IN COMMERCE DATE | At least as early as 12/21/2017 | ||
GOODS AND/OR SERVICES SECTION (proposed) | |||
INTERNATIONAL CLASS | 035 | ||
DESCRIPTION | |||
Distributorship of lamps, lamp bases, votive candles, votive candle holders and bases, candle globes, candle cups, liquid wax, wax candles, chafing fuel, butane fuel and butane stoves | |||
FILING BASIS | Section 1(a) | ||
FIRST USE ANYWHERE DATE | At least as early as 12/21/2017 | ||
FIRST USE IN COMMERCE DATE | At least as early as 12/21/2017 | ||
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. | ||
SPECIMEN FILE NAME(S) | |||
ORIGINAL PDF FILE | SPU0-38751434-20190711142607143946_._TANNE-98486-Specimen.pdf | ||
CONVERTED PDF FILE(S) (24 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0002.JPG | ||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0003.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0004.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0005.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0006.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0007.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0008.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0009.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0010.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0011.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0012.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0013.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0014.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0015.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0016.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0017.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0018.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0019.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0020.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0021.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0022.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0023.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0024.JPG | |||
\\TICRS\EXPORT17\IMAGEOUT17\883\472\88347226\xml6\ROA0025.JPG | |||
SPECIMEN DESCRIPTION | scanned/ digitally photographed of Applicant's catalog showing the mark as used in connection with the services | ||
ADDITIONAL STATEMENTS SECTION | |||
COLOR(S) CLAIMED (If applicable) |
The color(s) black and yellow is/are claimed as a feature of the mark. | ||
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the letters "LSP" appearing in black capital letters and half circumscribed by a yellow broken semicircular line curving upwardly and downwardly from the right extent of the letter "P" to the left and terminating in ends spaced above and below the letter "L". | ||
SIGNATURE SECTION | |||
DECLARATION SIGNATURE | /Vern Schooley/ | ||
SIGNATORY'S NAME | Vern Schooley | ||
SIGNATORY'S POSITION | Attorney of Record, California bar member | ||
SIGNATORY'S PHONE NUMBER | 310-824-5555 | ||
DATE SIGNED | 07/24/2019 | ||
RESPONSE SIGNATURE | /Vern Schooley/ | ||
SIGNATORY'S NAME | Vern Schooley | ||
SIGNATORY'S POSITION | Attorney of record, California bar member | ||
SIGNATORY'S PHONE NUMBER | 310-824-5555 | ||
DATE SIGNED | 07/24/2019 | ||
AUTHORIZED SIGNATORY | YES | ||
FILING INFORMATION SECTION | |||
SUBMIT DATE | Wed Jul 24 13:10:27 EDT 2019 | ||
TEAS STAMP | USPTO/ROA-XX.XX.XX.XX-201 90724131027529655-8834722 6-62018153b834880f5605878 482d2ede555678ec592e3079c e62938dca83f23c8bea-N/A-N /A-20190724125726434676 |
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) |
The applicant responds to the Office action dated May 31, 2019, as follows:
SPECIMEN
A verified "substitute" specimen is hereby submitted that shows the entire mark in the drawing in actual use in commerce for the services in the application, and was in actual use in commerce at least as early as the filing date of the application.
COLOR CLAIM AND MARK DESCRIPTION
The color claim and mark description suggested by the Attorney is accurate and is accepted.
CONCLUSION
It is respectfully submitted that the issues raised by the Attorney have been fully addressed, and the application should be accepted and published for opposition purposes.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.