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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88370458 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
| MARK SECTION (current) |
| MARK FILE NAME |
http://uspto.report/TM/88370458/mark.png |
| LITERAL ELEMENT |
PEAK |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a stylized triangle design to the left of the word "PEAK" in stylized font. |
| MARK SECTION (proposed) |
| MARK FILE NAME |
\\TICRS\EXPORT17\IMAGEOUT 17\883\704\88370458\xml6\ ROA0002.JPG |
| LITERAL ELEMENT |
PEAK |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| COLOR MARK |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a stylized triangle design made up of three triangles positioned to create a triangle inside the three triangles and the
stylized triangle design is to the left of the stylized word PEAK. |
| PIXEL COUNT ACCEPTABLE |
YES |
| PIXEL COUNT |
867 x 263 |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_2-40137216114-20190628170430643370_._PEAK__stylized_logo__-_Response_to_OA_-_06-28-19.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\704\88370458\xml6\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\704\88370458\xml6\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\704\88370458\xml6\ROA0005.JPG |
| DESCRIPTION OF EVIDENCE FILE |
arguments against refusal |
| GOODS AND/OR SERVICES SECTION (025)(class deleted) |
| GOODS AND/OR SERVICES SECTION (028)(current) |
| INTERNATIONAL CLASS |
028 |
| DESCRIPTION |
| Archery arrows; archery bows; archery equipment; archery accessories, namely, arrows, arrow fletchings, nocks, sights, rests,
stabilizers, and quivers |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (028)(proposed) |
| INTERNATIONAL CLASS |
028 |
| TRACKED TEXT DESCRIPTION |
Archery arrows; archery bows; archery
equipment; archery equipment, namely arrows and bows; archery accessories, namely, arrows, arrow fletchings, nocks, sights,
rests, stabilizers, and quivers; archery accessories, namely, arrows, arrow fletchings, arrow nocks, non-telescopic archery bow sights, arrow rests, arrow
stabilizers, and quivers |
| FINAL DESCRIPTION |
| Archery arrows; archery bows; archery equipment, namely arrows and bows; archery accessories, namely, arrows, arrow fletchings, arrow
nocks, non-telescopic archery bow sights, arrow rests, arrow stabilizers, and quivers |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Kaleigh P. Morrison/ |
| SIGNATORY'S NAME |
Kaleigh P. Morrison |
| SIGNATORY'S POSITION |
Attorney for Applicant, Barclay Damon LLP, New York Bar Member |
| SIGNATORY'S PHONE NUMBER |
315-425-2878 |
| DATE SIGNED |
06/28/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Jun 28 17:29:19 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190628172919845517-8837
0458-6203a1da8d62dc5575e5
0c47eb612c69c697421cf98e9
2cd08bcb7cc82cc348b-N/A-N
/A-20190628170430643370 |
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.
88370458 PEAK (Stylized and/or with Design, see http://uspto.report/TM/88370458/mark.png) has been amended as follows:
MARK
Applicant proposes to amend the mark as follows:
Current: PEAK (Stylized and/or with Design, see http://uspto.report/TM/88370458/mark.png)
Proposed: PEAK (Stylized and/or with Design, see
mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a stylized triangle design made up of three triangles positioned to create a triangle inside the three triangles and the stylized triangle design is to the left of the stylized
word PEAK.
EVIDENCE
Evidence in the nature of arguments against refusal has been attached.
Original PDF file:
evi_2-40137216114-20190628170430643370_._PEAK__stylized_logo__-_Response_to_OA_-_06-28-19.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing, namely, t-shirts, sweatshirts, hats, and jackets
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Archery arrows; archery bows; archery equipment; archery accessories, namely, arrows, arrow fletchings, nocks, sights, rests, stabilizers, and quivers
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: Archery arrows;
archery bows;
archery equipment;
archery equipment, namely arrows and bows;
archery accessories, namely, arrows, arrow fletchings, nocks, sights, rests, stabilizers, and quivers;
archery accessories, namely, arrows, arrow fletchings, arrow nocks, non-telescopic archery bow sights, arrow rests, arrow stabilizers, and quiversClass 028 for
Archery arrows; archery bows; archery equipment, namely arrows and bows; archery accessories, namely, arrows, arrow fletchings, arrow nocks, non-telescopic archery bow sights, arrow rests, arrow
stabilizers, and quivers
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.
SIGNATURE(S)
Response Signature
Signature: /Kaleigh P. Morrison/ Date: 06/28/2019
Signatory's Name: Kaleigh P. Morrison
Signatory's Position: Attorney for Applicant, Barclay Damon LLP, New York Bar Member
Signatory's Phone Number: 315-425-2878
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88370458
Internet Transmission Date: Fri Jun 28 17:29:19 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201906281729198
45517-88370458-6203a1da8d62dc5575e50c47e
b612c69c697421cf98e92cd08bcb7cc82cc348b-
N/A-N/A-20190628170430643370
