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. 88348244 FUZE(Standard Characters, see http://uspto.report/TM/88348244/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments has been attached.
Original PDF file:
evi_1083550250-20200110164824200831_._son_-_Trademark_Office_Action_Response_88348244_-_12-21-2019.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Antimicrobial coatings to treat the growth of mold, mildew, bacteria and fungus on various surfaces
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 01/01/2013 and first used in commerce at least as early as 01/02/2013 , and is now in use in such commerce.

Proposed: Class 005 for Antimicrobial coatings to treat the growth of mold, mildew, bacteria and fungus on various surfaces
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 01/01/2013 and first used in commerce at least as early as 01/02/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 005 . The specimen(s) submitted consists of Specimen .
"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].
Original PDF file:
SPU0-1083550250-20200110164824200831_._Peterson_-_Trademark_Specimen_-_01-10-2020.pdf
Converted PDF file(s) ( 8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Fabrics for textile use
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 01/01/2013 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.

Proposed: Class 024 for Fabrics for textile use
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 01/01/2013 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 024 . The specimen(s) submitted consists of Specimen .
"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].
Original PDF file:
SPU1-1083550250-20200110164824200831_._Peterson_-_Trademark_Specimen_-_01-10-2020.pdf
Converted PDF file(s) ( 8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Chemical treatment of textile
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 01/01/2013 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Chemical treatment of textile; Chemical treatment of textile fabricsClass 040 for Chemical treatment of textile fabrics
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 01/01/2013 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 040 . The specimen(s) submitted consists of Specimen .
"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].
Original PDF file:
SPU2-1083550250-20200110164824200831_._Peterson_-_Trademark_Specimen_-_01-10-2020.pdf
Converted PDF file(s) ( 8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

The applicant hereby appoints Jason D. Stone. Jason D. Stone of Stone Law, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      18 Robbins Street, Floor 2
      Toms River, New Jersey 08753
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 2019-01014.

The phone number is 7324446303.

The email address is usptotrademark@stoneslaw.net

Jason D. Stone 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: PETERSON, ANDREW L. PETERSON, ANDREW L, is located at

      7842 WOODMAN CT
      WEST JORDAN, Utah 84088
      US

The phone number is 801-809-6000.

The email address is andrew@jetflow.com

The applicants proposed correspondence information: Jason D. Stone. Jason D. Stone of Stone Law, P.C., is located at

      18 Robbins Street, Floor 2
      Toms River, New Jersey 08753
      United States
The docket/reference number is 2019-01014.

The phone number is 7324446303.

The email address is usptotrademark@stoneslaw.net; jstone@stoneslaw.net

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: /Jason D. Stone/      Date: 01/10/2020
Signatory's Name: Jason D. Stone
Signatory's Position: Attorney of record, New Jersey bar member
Signatory's Phone Number: 732-444-6303


Response Signature
Signature: /Jason D. Stone/     Date: 01/10/2020
Signatory's Name: Jason D. Stone
Signatory's Position: Attorney of record, New Jersey bar member

Signatory's Phone Number: 732-444-6303

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:    PETERSON, ANDREW L
   
   
   7842 WOODMAN CT
   WEST JORDAN, Utah 84088
Mailing Address:    Jason D. Stone
   Stone Law, P.C.
   18 Robbins Street, Floor 2
   Toms River, New Jersey 08753
        
Serial Number: 88348244
Internet Transmission Date: Fri Jan 10 17:01:46 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020011017014670
4522-88348244-700e49da9265754fe7daafbef2
6faa5e58e2869e43671b328ba42ba1195d754da-
N/A-N/A-20200110164824200831