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. 88401028 REDLEG(Standard Characters, see http://uspto.report/TM/88401028/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant acknowledges the Examining Attorney's Priority Action of June 21, 2019, and Applicant appreciates the Examining Attorney's careful review of the present application. In response, Applicant has herewith submitted a verified substitute specimen (for class 7 goods) supported by a declaration under 37 CFR 2.20. Applicant also herewith amends the application to seek registration on the Supplemental Register. Applicant believes that these steps have placed the application in condition for registration, and Applicant respectfully asks that the Examining Attorney reconsider and withdraw any refusal or objection to the present application and grant a prompt allowance.

EVIDENCE
Evidence in the nature of Declaration under 37 CFR 2.20 in support of the verified substitute specimen, submitted herewith has been attached.
Original PDF file:
evi_17471230253-20191223174136231710_._DER_37_CFR_2.20_App_No_88401028_REDLEG_-_JSPROD.0293T-signed.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for tables and stands specially adapted to hold powered tools
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 12/31/2018 and first used in commerce at least as early as 12/31/2018 , and is now in use in such commerce.

Proposed: Class 007 for tables and stands specially adapted to hold powered tools
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 12/31/2018 and first used in commerce at least as early as 12/31/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 007 . The specimen(s) submitted consists of screenshot captures of active operational website depicting mark and offering marked goods for purchase to consumers .
"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

The applicant's current attorney information: A. Gregory Gibbs. A. Gregory Gibbs of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      US
The docket/reference number is JSPROD.0293T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com

The applicants proposed attorney information: A. Gregory Gibbs. Other appointed attorneys are R. Scott Weide, Chad Miller, Brian Prince. A. Gregory Gibbs of WEIDE & MILLER, LTD., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      United States
The docket/reference number is JSPROD.0293T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com

A. Gregory Gibbs 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: A. GREGORY GIBBS. A. GREGORY GIBBS of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      US
The docket/reference number is JSPROD.0293T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com; mail@weidemiller.com; ggibbs@weidemiller.com; bprince@weidemiller.com

The applicants proposed correspondence information: A. Gregory Gibbs. A. Gregory Gibbs of WEIDE & MILLER, LTD., is located at

      10655 PARK RUN DRIVE, SUITE 100
      LAS VEGAS, Nevada 89144
      United States
The docket/reference number is JSPROD.0293T.

The phone number is 702-382-4804.

The fax number is 702-382-4805.

The email address is mail@weidemiller.com; ggibbs@weidemiller.com; bprince@weidemiller.com

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


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: /Jim Moore/      Date: 12/20/2019
Signatory's Name: Jim Moore
Signatory's Position: Executive Vice President
Signatory's Phone Number: 702-212-1300


Response Signature
Signature: /A. Gregory Gibbs/     Date: 12/23/2019
Signatory's Name: A. Gregory Gibbs
Signatory's Position: Attorney of record, Nevada Bar member

Signatory's Phone Number: 702-382-4804

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:    A. GREGORY GIBBS
   WEIDE & MILLER, LTD.
   
   10655 PARK RUN DRIVE, SUITE 100
   LAS VEGAS, Nevada 89144
Mailing Address:    A. Gregory Gibbs
   WEIDE & MILLER, LTD.
   10655 PARK RUN DRIVE, SUITE 100
   LAS VEGAS, Nevada 89144
        
Serial Number: 88401028
Internet Transmission Date: Mon Dec 23 18:04:41 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201912231804416
12908-88401028-700e99d712aa9b3c8eb3e88db
147c85468e62b35e9ae3b589cfc8fca4e8f93dba
6-N/A-N/A-20191223174136231710