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. 88347383 BM (Stylized and/or with Design, see http://uspto.report/TM/88347383/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BM (Stylized and/or with Design, see http://uspto.report/TM/88347383/mark.png)
Proposed: BM (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of THE MARK CONSISTS OF A CAPITAL LETTER "B" UPON, ABOVE AND TO THE LEFT OF A CAPITAL LETTER "M"; THE ORIGINAL DRAWING HAD GREY AND A CURSOR AND SUCH INADVERTENT ADDITIONS HAVE BEEN REMOVED FROM THE NEW DRAWING.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for STICKERS
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.

Proposed: Class 016 for STICKERS
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 016 . The specimen(s) submitted consists of The specimens consist of photographs of "BM" marked stickers with no registration marks .
"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 File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for FITTED LINERS FOR BUCKETS
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/19/2017 and first used in commerce at least as early as 05/19/2017 , and is now in use in such commerce.

Proposed: Class 021 for FITTED LINERS FOR BUCKETS
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/19/2017 and first used in commerce at least as early as 05/19/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021 . The specimen(s) submitted consists of The specimens consist of photograph of "BM" a fitted liner for a bucket with no registration marks .
"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 File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for SHIRTS
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.

Proposed: Class 025 for SHIRTS
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of The specimens consist of photographs of "BM" marked shirt with no registration marks .
"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 File1
Specimen File2
Specimen File3

The applicant's current attorney information: PETER TIMBERS. PETER TIMBERS of SCHWARTZ, BON, WALKER & STUDER, LLC, is located at

      141 S CENTER ST STE 500
      CASPER, Wyoming 82601
      US

The phone number is 307-235-6681.

The fax number is 307.234.5099.

The email address is PETER.TIMBERS@GMAIL.COM

The applicants proposed attorney information: PETER TIMBERS. PETER TIMBERS of SCHWARTZ, BON, WALKER & STUDER, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 500
      141 S CENTER ST STE 500
      CASPER, Wyoming 82601
      United States

The phone number is 307-235-6681.

The fax number is 307.234.5099.

The email address is PETER.TIMBERS@GMAIL.COM

PETER TIMBERS 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: PETER TIMBERS. PETER TIMBERS of SCHWARTZ, BON, WALKER & STUDER, LLC, is located at

      141 S CENTER ST STE 500
      CASPER, Wyoming 82601
      US

The phone number is 307-235-6681.

The fax number is 307.234.5099.

The email address is PETER.TIMBERS@GMAIL.COM; TIMBERS@SCHWARTZBON.COM

The applicants proposed correspondence information: PETER TIMBERS. PETER TIMBERS of SCHWARTZ, BON, WALKER & STUDER, LLC, is located at

      SUITE 500
      141 S CENTER ST STE 500
      CASPER, Wyoming 82601
      United States

The phone number is 307-235-6681.

The fax number is 307.234.5099.

The email address is PETER.TIMBERS@GMAIL.COM; TIMBERS@SCHWARTZBON.COM

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: /PETER TIMBERS/S/      Date: 10/30/2019
Signatory's Name: PETER TIMBERS
Signatory's Position: Attorney of record, Wyoming Bar Member
Signatory's Phone Number: 3072356681


Response Signature
Signature: /PETER TIMBERS/S/     Date: 10/30/2019
Signatory's Name: PETER TIMBERS
Signatory's Position: Attorney of record, Wyoming Bar Member

Signatory's Phone Number: 3072356681

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:    PETER TIMBERS
   SCHWARTZ, BON, WALKER & STUDER, LLC
   
   141 S CENTER ST STE 500
   CASPER, Wyoming 82601
Mailing Address:    PETER TIMBERS
   SCHWARTZ, BON, WALKER & STUDER, LLC
   SUITE 500
   141 S CENTER ST STE 500
   CASPER, Wyoming 82601
        
Serial Number: 88347383
Internet Transmission Date: Wed Oct 30 16:43:45 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019103016434555
9888-88347383-700a8334f539f2f351456416fb
cef6547a16948eb94eb8361cffd5ae415a53d3fb
-N/A-N/A-20191030154253386675